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Agenda 09/27/2005 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 27, 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. 2004 -05, 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 12 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Paul Getter, Faith Apostolic Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. August 25, 2005 - BCC /Hurricane Katrina Emergency Meeting C. August 27, 2005 - BCC /Hurricane Katrina Emergency Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Nancy Frye, Traffic Operations 2. Erin Hall, Transportation Road Maintenance B. 30 Year Attendees 1. Denise Blanton, University Extension Services 2. Murdo Smith, Parks and Recreation 3. Edward Torroni, Parks and Recreation 4. PROCLAMATIONS A. Proclamation designating September 27, 2005, as Collier County WWII Veterans' Day. To be accepted by Gary Shanabarger, Commandant, Senior Marine of the Marine Corps League of Naples; Jim Elson, Veterans Council of Collier County; Peter Kraley, Veteran Services Department and Jack Hild, 14th Air Force - Flying Tigers World War II Veteran. B. Proclamation expressing appreciation for Mr. William Suckow's work as a Master Gardner. To be accepted by William Suckow, Master Gardner. C. Proclamation designating September 15, 2005, as Sheri Bennett Day. To be accepted by Sheri Bennett, Executive Director, Immokalee Multicultural Multipurpose Community Action Agency, Inc. D. Proclamation designating November 2005 as Celebrate the Arts Month in Collier County. To be accepted by Elaine Hamilton, Executive Director, United Arts Council of Collier County. 5. PRESENTATIONS A. Recommendation to recognize Roberta Reiss, Library Outreach Specialist, Public Services Division as Employee of the Month for August 2005. B. Recommendation to recognize Judy Johnson, Administrative Assistant, Public Utilities Division, as Employee of the Month for September 2005. C. Presentation of the 2005 Flagler Awards "The Henry" In Recognition of Outstanding Tourism Marketing - Television - Naples, Marco Island, Everglades Convention & Visitors Bureau - Presented by Jack Wert, Tourism Director. Page 2 of 12 6. PUBLIC PETITIONS A. Public Petition request by Bradley Cornell to discuss the Mirasol Drainage Project in the Cocohatchee /Corkscrew West Flowway. 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 continued from the September 13, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA- 2005 -AR -7658, Joseph C. Fuller, P.A., representing John and Teri Purvis and other affected property owners requesting an appeal to Official Interpretation INTP- 2005 -AR -7442 related to an internal official interpretation regarding the definition and operative provisions of certain LDC terms pertaining to "Boat Canopies. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA- 2005 -AR -7444 Terry & Charlotte Rhodes, represented by McGarvey Custom Homes, request a variance to reduce the east side yard from the required 30 -foot setback of the Rural Agricultural Mobile Home Overlay zoning (A -MHO) district, to 21.1 -feet to authorize replacement of an existing pool fence with a proposed screen enclosure. The subject parcel is located at 11230 Five Oaks Lane, further described as Township 48 South, Range 27 East, Lot 64, Block E, Twin Eagles Subdivision Phase I, Plat Book 30, page 78 Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2005 -AR -7469 Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere of RWA, Inc., in requesting a rezone from the Rural Agricultural "A" zoning district to the Mixed Use Planned Unit Development "MPUD" zoning district to be known as Sonoma Oaks PUD, a mixed -use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses located on approximately 37.5 acres, on the west side of Collier Boulevard, approximately 1/4 mile north of Vanderbilt Beach Road, Section 34, Township 48 south, Range 26 east Collier County, Florida. B. Approval of an amendment to the existing Flood Ordinance of Collier County, Florida (Ordinance No. 86 -28 as amended by Ordinance 87 -80 and Ordinance 90 -31) to repeal and replace certain sections, add new sections, adopt the new Flood Insurance Rate Maps prior to the Federal Emergency Management Agencys effective date of November 17, 2005, and add provisions to improve the Countys scoring in the Community Rating System of the National Flood Insurance Program. C. This item is being requested to be continued to the October 11, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2004 -AR -6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial /retail and industrial square footage, delete the Accommodations District land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUD). The property is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3 acres. (Petitioner's request) Page 3 of 12 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ- 2004 -AR -6207 MAC Builders, Inc., represented by Tim Hancock, AICP, of Talon Management, Inc., requesting a rezone from the C -1 and C -2 zoning districts to the PUD Planned Unit Development zoning district to allow a maximum of 86 multi - family dwelling units. The property, consisting of 10.76 acres, is located on the northwest corner of Radio Road extension and Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. E. This item to be heard at 11:00 a.m. A request that the Collier County Board of County Commissioners (Board) adopt an ordinance amending Ordinance No. 04 -41, as amended, the Collier County Land Development Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by the Board for the following purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP- 2004 -4. Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP- 2003 -11 to the GMP as well as further implementing the TDR Bonus Credits and Rural Village Standards as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit Development (PUD) Procedures is to add provisions for PUD expiration and retirement of excess numbers of dwelling u n its. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Golden Gate Beautification Advisory Committee. B. Appointment of members to the Collier County Planning Commission. C. Appointment of members to the Workforce Development Board, Region 24. D. The Annual Performance Appraisal for the County Attorney. E. Discuss the taking by Eminent Domain action of the land currently occupied by Caribbean Gardens and other surrounding lands that would serve a public purpose. Provide guidance to staff. (Commissioner Coyle) F. This item to be heard at 10:00 a.m. Discussion of the RFP and subsequent contract for the proposed expansion facility at the Golden Gate Library. (Commissioner Henning) 10. COUNTY MANAGER'S REPORT A. This item continued from the September 13, 2005 BCC Meeting. Recommendation to approve an Agreement for Sale and Purchase with The District School Board of Collier County, Florida for 65 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,134,500. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) B. Discussion and review of the County's Noise Ordinance (Code of Laws and Ordinances, Chapter 54, Article IV) as amended. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) C. Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four -lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). (Norman Feder, Administrator, Transportation Services) Page 4 of 12 D. This item to be heard at 4:00 p.m. Recommendation to (1) consider three lobbying firms, as reviewed by a staff selection committee, that responded to RFP 05 -3883 for Professional State Lobbyist Services; (2) choose one of the finalists to represent Collier County; and (3) authorize the County Manager to negotiate a contract with the selected firm. (Debbie Wight, Assistant to the County Manager) E. Review and approve the FY 2006 Annual Work Plan for the County Manager. F. Recommendation that the Board approve and authorize the Chairman to execute an Agreement with McDonald Transit Associates, Inc. to provide consolidated management for the Collier Area Transit and the Paratransit Systems not to exceed $4,885,162.00 (Norman Feder, Administrator, Transportation Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Adopt a Resolution to Initiate Negotiation Proceedings With the South Florida Water Management District and the State of Florida Division of Lands Pursuant to Florida Statutes, Chapter 164. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 1. This item to be heard at 3:30 p.m. Consideration of a request for LDC deviations for SoNa - SDP #7905, a redevelopment project within the Bayshore Gateway Triangle CRA. 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 final acceptance of water utility facilities for Arthrex at Creekside. 2. Recommendation to approve final acceptance of water and sewer utility facilities for Masters Reserve. 3. Recommendation to approve final acceptance of water and sewer utility facilities for Classic Plantation Estates Phase One. 4. Recommendation to grant final approval of the roadway (public) and drainage improvements for the roadway segment Orange Blossom Drive from Airport Road to entrance of First Baptist Church /Bridgewater Bay. 5. Recommendation to approve for recording the final plat of 3500 Corporate Plaza, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 5 of 12 6. Recommendation to approve for recording the final plat of Professional Village at Northbrooke, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7. Recommendation to approve for recording the final plat of Mediterra Parcel 117, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 8. Recommendation to approve for recording the final plat of Mediterra Parcel 118, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9. Recommendation to approve for recording the final plat of IL Regalo Replat, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 10. Recommendation to approve an addendum to the Oak Haven Apartments Agreement for Deferral of Collier County Impact Fees. 11. Recommendation to approve a Budget Amendment to the 2004 -2005 Community Development Block Grant (CDBG) budget for the purpose of recognizing additional entitlement funds received from the U.S. Department of Housing and Urban Development (HUD) in Fund 121. ($137,000) 12. Recommendation to approve the application by Salazar Machine and Steel, Incorporated for the Job Creation Investment Program and the Fee Payment Assistance Program. ($146,000) 13. Recommendation to adopt a resolution approving assignment and change of control of the cable television franchise from Time Warner Cable, Inc. to MOC HOLDCO II, Inc., an indirect wholly subsidiary of Comcast Cable Communications -° Holdings, Inc., pursuant to a redemption agreement among the parties. (The voluminous filing contains over 5000 pages, the full filing was not included in the Board's printed agenda packet. A digital version is available for viewing in the County Manager's Office, 3301 East Tamiami Trail, Naples as well as Community Development, 2800 North Horseshoe Drive, Naples) 14. Recommendation to approve for recording the final plat of Summit Place in Naples, Phase III, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. B. TRANSPORTATION SERVICES 1. Recommendation to approve three (3) Adopt -A -Road Program Agreements with (2) new roadway recognition signs at a total cost of $150.00. The other signs already exist. 2. Recommendation to approve a First Amendment to Lease Agreement with Maureen Moran, Inc. 3. Recommendation to approve, sign and execute an agreement with the State of Florida to participate in the Unified Certification Program (UCP). 4. Recommendation to approve the use of transportation disadvantaged funds (126) to purchase a para- transit bus in the amount of $80,253 under State contract #FVPP- 05 -CA -4. 5. Recommendation to approve the purchase of Parcel Nos. 148A and 148C required for the construction of the sixianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $20,300.00. Page 6 of 12 6. Recommendation that the Board of County Commissioners approve a Budget Amendment recognizing revenue received from the South Florida Water Management District under an agreement for a Countywide GPS Network in the amount of $60,000. 7. Recommendation to award Bid No. 05 -3861 - "Purchase of limerock and fill material, fixed term contract" for the estimated annual amount of $500,000 to Apac, Orangetree Mine, Florida Rock Industries, Inc. 8. Recommendation to award Bid #05 -3874 Golden Gate Blvd. and 13th Street Landscape Maintenance to Advance Lawn and Landscaping Services, Inc. in the amount of $67,629.80. 9. Recommendation to approve the purchase of Parcel No. 148B required for the construction of the six- laning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $10,700.00 10. Recommendation to award Collier County Bid No 05 -3855 - Purchase and Delivery of Fungicides, Pesticides and Insecticides to the following bidders: 1)Helena Chemical Company (Primary), and 2)Pro Source One (Secondary). ($200,000) 11. Recommendation to authorize staff to approve one (1) Work Order for Bonness, Inc. for Construction of Golden Gate Beautification MSTU Sunshine Boulevard Landscape Improvements Project (Contract #05 -3773 'Annual Contract for Roadways Contractors') for a base amount of $301,691.31 and contingency of $16,848.82 for a total of $318,540.13. 12. Recommendation to approve budget amendments in the amount of $300,000 for Port of the Isles community where $300,000.00 will be reimbursed through the Florida Department of Transportation (FDOT) Federal Enhancement program. 13. Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program Project No. 69081 in the amount of $70,302.77. 14. Recommendation to accept a Quitclaim Deed for local streets in Pelican Bay. C. PUBLIC UTILITIES 1. Recommendation to award Bid #05 -3740R to Ferguson Enterprises, Incorporated and Hughes Supply, Incorporated for purchase of backflow prevention assemblies and associated materials in the amount of $300,000. 2. Recommendation to award Work Order number UC -117 to Kyle Construction, Inc. in the amount of $375,580.00 for construction of the extension of the Water Main on White Lake Boulevard, Project 59005. 3. Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $30.00 to record the Satisfactions of Lien. 4. 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 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 5. 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. Page 7 of 12 6. 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 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 7. 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. 8. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $58.50 to record the Satisfactions of Lien. 9. Recommend BCC approve the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 200512006. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2006 budgets for solid waste disposal ((Fund 470) and mandatory trash collection (fund 473). 10. Recommendation to approve an eight (8) month extension, through May 9, 2006, for the existing Deep Injection Well Construction Contract 01 -3193 with Youngquist Brothers, Inc. 11. Recommendation to approve the Satisfaction for a certain Water and /or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction --- of Lien. 12. Recommendation to approve a Budget Amendment to transfer funds in the amount of $200,000 from project 725101, the North County Water Reclamation Facility (NCWRF) Process Control Building Expansion to project 725091, the South County Water Reclamation Facility (SCWRF) Process Control Building Expansion. 13. Recommendation to approve a "Consent to Encroachment' for utility easements lying within Summerwind Apartments, Phase I and Phase II. 14. Recommendation to award Contract 05 -3785 Fixed Term Utility Engineering Services to thirteen (13) firms. D. PUBLIC SERVICES 1. Recommendation to approve the FY 06 Agreement with the David Lawrence Center, Inc. for $989,100 2. Recommendation that the Board of County Commissioners sign an agreement with the Agency for Health Care Administration for participation in the Upper Payment Limit Program for services provided on behalf of the Human Services Department, County Health Department, and David Lawrence Center to generate an additional $481,100 in federal matching funds. 3. Recommendation to approve the attached budget amendments recognizing a $68,000 donation from the Marco Island Chapter, Friends of the Library, and transferring $200,000 from Library Trust Fund to Fund 307 for the construction of Rose Hall at Marco Island Branch Library. 4. Recommendation to adopt a Resolution amending parts of Article IV of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy. Page 8 of 12 5. Recommendation to approve a budget amendment recognizing revenue in the amount of $38,706 from an insurance payment covering damage to the shade structure at Sugden Regional Park ski area. E. ADMINISTRATIVE SERVICES 1. Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. 2. Recommendation that the Board of Commissioners waive the Purchasing Policy as allowed under Section VII.G. of the policy and approve a retention agreement with the law firm of Langston, Hess, Bolton, S Shepard P.A. and the law firm of Kelley, Stiffler, & Thomas PLLC, to defend certain Workers Compensation litigation cases on behalf of the County and the Countys excess insurance carriers. 3. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004 -15 for the third quarter of FY 05. 4. Recommendation to Award RFP #05 -3747R 'Indoor Air Quality Service" to Pure Air Control Services for Indoor Air Quality (IAQ) testing, cleaning and remediation services. 5. Recommendation to approve the purchase of Property, Casualty, Automobile, Workers Compensation and ancillary insurance and related services for FY 2006. 6. Recommendation to approve an Agreement for the conveyance of GAC Trust Reserved Land to the Collier County Parks & Recreation Department, at a cost not to exceed $20. 7. Recommendation to approve a First Amendment to License Agreement with St. Matthews House, Inc., for the continued use of parking spaces at the Government Center, at a term revenue of $50. 8. Recommendation to approve the attached Lease Agreement for office space on South Horseshoe Drive and associated expenses, including rental, common area maintenance, renovations, and relocation of Health, EMS and IT Departments offices, at a first years cost not to exceed $396,000. F. COUNTY MANAGER 1. Recommend approval of First Amendment to Contract No. 03 -3537 with Paradise Advertising and Marketing, Inc. for an increase in the monthly fee to $25,000.00 per month or $300,000.00 annually to cover all professional time, media and production up to $2,000,000.00 annually. 2. Recommendation to approve First Amendment to the 2004/2005 Tourism Agreement Between Collier County and the Conservancy of Southwest Florida, Inc. 3. City of Naples Category A Grant Application Amendment for Doctors Pass Dredging Project 905501 in the amount of $125,000. 4. Approval of budget amendments. 5. Resolution of the Collier County Board of County Commissioners requesting the Florida Department of Environmental Protection to include the funding for the City of Naples /Collier County Beach Renourishment Project in the Fiscal Year 2005/06 Legislative budget request. Page 9 of 12 6. Recommend Approval of Coastal Planning and Engineering Time and Material, Not - To- Exceed Proposal for $35,000 to study and recommend the most effective approach to permit and re- nourish Clam Pass Beach Park. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase effective October 1, 2005 and a $5000 bonus to be paid on September 30, 2005 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. 2. To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA to transfer $20,992 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a portion of a landscape and irrigation improvement project in the Davis Blvd medians at the Brookside Drive intersection. 3. To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA (Reserve for Capital) to transfer $12,000 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a landscape and irrigation project at the US41 / Davis Blvd intersection. 4. To approve a Fund 187 Bayshore Gateway Triangle Budget Amendment of $3,000 from reserves to acquire computer systems. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests approval for reimbursement for attending a function serving a valid public purpose: to attend the 2005 NAACP Annual Freedom Fund Banquet on October 15, 2005 in the amount of $55.00, to be paid from Commissioner Fiala's travel budget. 2. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the One by One Leadership Foundation of Southwest Florida Meeting /Luncheon on September 16, 2005 and is requesting reimbursement in the amount of $10.00 to be paid from his travel budget. 3. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Southwest Florida Workforce Development Board's Annual Retreat Awards Dinner on September 16, 2005 and is requesting reimbursement in the amount of $25.00 to be paid from his travel budget. 4. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the "Wake Up Naples Breakfast" sponsored by the Naples Chamber of Commerce, on September 21, 2005 and is requesting reimbursement in the amount of $17.00, to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation to approve writing off Accounts Receivable in the amount of $514,328.80 to comply with Auditor recommendations included in the Management Letter of the Fiscal Year 2004 Collier County Annual Audit. Page 10 of 12 K. COUNTY ATTORNEY 1. Recommendation to approve Agreed Order Awarding Engineering Expert Fees & Costs of $9,250 for P. 141, 841, & 143 in the case CC v. Primera Iglesia Cristiana Manantial De Vida, Case No. 03- 2372 -CA (Golden Gate Pkwy Project 60027).(Fiscal Impact $9,250) 2. Recommendation to approve Agreed Order Awarding Engineering Expert Fees & Costs for $3,650 for Parcels 142, 742A, 7428, & 942 in Collier County v. Parkway Community Church of God, Case No. 03- 2374CA (Golden Gate Pkwy Project 60027).(Fiscal Impact $3,650) 3. Consider Proposed Settlement Agreement in reference to Florida State Underground, Inc. v. Collier County, Case No. 03- 4177 -CA, now pending in the Twentieth Judicial Circuit, Collier County, Florida and give direction to County Attorney regarding the litigation. 4. Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 118 and 718 in the lawsuit styled Collier County v. Rafael Liy, et al., Case No. 05- 752 -CA (Collier Blvd 951 Project 65061).(Fiscal Impact $54,397.50) 5. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $124,670.00 for the Acquisition of Parcels 108 and 708 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05- 0620 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $58,987.38) 6. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $221,300.00 for the Acquisition of Parcels 107 and 707 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05- 0620 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $73,300.26) 7. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $129,500.00 for the Acquisition of Parcels 106 and 706 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05- 0620 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $63,186.22) 8. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $156,500.00 for the Acquisition of Parcels 109 and 709 in the Lawsuit Styled Collier County v. Susan C. Hallock, et al. Case No. 05- 0646 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $70,777.04) 9. Recommendation to authorize the County Attorney to file a lawsuit after October 1, 2005 compelling JC Drainfield Repair, Inc., its principles, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance No. 03 -18, codified as Chapter 134, Article IX of the Collier County Code of Laws and Ordinances, including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under Chapter 134, Article IX and as otherwise provided by law. 10. Recommendation to Approve a Budget Amendment in the Amount of $118,567.35 to Transfer the Balance of the Funds from Fund 652 Reserves to Its Operating Budget and to Transfer the Total Amount Collected in Excess of $108,309.66 (the -- Statutorily Mandated Amount that the Board of County Commissioners Must Fund the Legal Aid Society). Page 11 of 12 11. Recommendation that the Board of County Commissioners Approve a Resolution Approving the 2006 Fiscal Year Pay and Classification Plan, a General Wage Adjustment (COLA) and Merit Increase for the Office of the County Attorney. 12. Recommendation to Approve Settlement Pre - Litigation and Prior to Mediation Pursuant to the Alternative Dispute Resolution Procedures in Countywide Paved Shoulders and Sidewalk Improvements Contract 03 -3528 With Better Roads, Inc. for Full and Final Settlement of All Outstanding Liquidated Damages Claims in the Amount of $10,000.00 to be Paid to Better Roads, Inc. 13. Recommendation to Approve Settlement Prior to Arbitration -- Mediation in the Lawsuit Entitled: CPOC REALTY v. THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, IN THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO.: 04- 5636 -CA FOR $20,000.00. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU -04 -AR -6700 A Resolution of the Board of Zoning Appeals providing for the establishment of two Conditional Uses in the "E" Estates zoning district for a group home, and private school to serve the residents of the group home ri and program participants per Table 2, Subsection 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 South, Range 26 East, Collier County, Florida. B. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled Correctional Impact Fee Study, Collier County, Florida, establishing methodology for the annual indexing adjustment to the Correctional Facilities Impact Fee Rates, and providing for a delayed effective date of November 1, 2005. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2003 -AR -3588: Frank Clasen & Sons, Inc., represented by William L. Hoover, of Hoover Planning and Development, Inc., requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) to amend the Clesen PUD, pursuant to the sunsetting provisions of the LDC, to update the PUD document in compliance with the current LDC PUD requirements, for property located on the north side of Pine Ridge Road, approximately 1,000 feet east of the Whippoorwill Lane and Pine Ridge Road intersection, in Section 7, Township 49 South, Range 26 East, Collier County Florida. This property consists of 4.33 acres D. This item was continued from the September 13, 2005 BCC Meeting. To obtain Board of County Commissioner approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Nuisance Abatement Board. E. To obtain Board of County Commissioners Approval to repeal Ordinance 90 -30, as Amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance No. 05- 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 12 of 12 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING September 27, 2005 Item 9D - Continue to the October 11, 2005 BCC Meeting: The annual performance appraisal for the County Attorney. (Commissioner Coyle's request.) Item 10C - Continue to the October 11, 2005 BCC Meeting: Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four -lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). (Staff request.) Item 10E - Continue to the October 11, 2005 BCC Meeting: Review and approve the FY 2006 Annual Work Plan for the County Manager. (Commissioner Coyle's request.) Item 10F: Attachment #4, page 30 of 30, the umbrella liability amount should be $10,000,000 rather than $20,000,000. Corrections have been made to original documents. (Staff's request.) Item 12A: The first paragraph of the Executive Summary should read "residents" rather than "residence ". (Commissioner Fiala's request.) Item 16A10: In the attachment Addendum to Agreement for Waiver of Deferral of Collier County Impact Fees: Page 3, first paragraph, 2 "d and 3'd lines, the text "the appendix to the Impact Fee Ordinance" has been struck through and replaced with Article IV of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance). Page 3, first paragraph, 10th line, the words "appendix to the Impact Fee Ordinance" were deleted and replaced by the words Provisions cited above. Page 3, second paragraph (D.), 15th and 16th lines, the words Collier County Consolidated were added. (Staff request.) Item 16132- Move to 101: Recommendation to approve a First Amendment to Lease Agreement with Maureen Moran, Inc. (Commissioner Fiala's request.) Item 16134: The agenda index title should read: "Recommendation to approve the use of transportation disadvantaged funds (427) ...." (rather than transportation disadvantaged funds (126). (Staff's request.) Item 16810: The agenda index title should read: " .... Purchase and Delivery of Fungicides, Herbicides and Insecticides ..." (rather than Fungicides, Pesticides and Insecticides.) (Staff request.) Item 16D4: At the September 22 BCC /Budget Public Hearing, the BCC voted to deny the institution of a $20 beach parking fee, therefore necessitating a change in the fee policy and resolution. Copies of the new fee policy and resolution have been made available. (Staff request.) Item 16E1 - Move to 10H: Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and /or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. (Commissioner Coyle's request.) Item 16E2: The agenda index title should read: ".... law firm of Langston, Hess, Bolton, Shepard & Augustine, PA. . ." Augustine was omitted from the title. (Staff's request.) Item 16G1 - Continued to the October 11, 2005 BCC Meeting: Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase effective October 1, 2005 and a $5000 bonus to be paid on September 30, 2005 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. (Commissioner Coyle's request.) Item 16K3: Recommendation should read: "That the Collier County Board of County Commissioners approve the settlement agreement (agreement provided for the record). (Staff request.) Item 161<9 - Continue to October 11, 2005 BCC Meeting: Recommendation to authorize the County Attorney to file a lawsuit after October 1, 2005 compelling JC Drainfield Repair, Inc., its principles, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance No. 03 -18, codified as Chapter 134, Article IX of the Collier County Code of Laws and Ordinances, including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under Chapter 134, Article IX and as otherwise provided by law. (Commissioner Coletta's request.) Item 16K11 - Move to 10G: Recommendation that the Board of County Commissioners approve a resolution approving the 2006 Fiscal Year Pay and Classification Plan, a general wage adjustment (COLA) and merit increase for the Office of the County Attorney. (Commissioner Coyle's request.) Item 17A - Move to 7C: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU -04 -AR -6700 A Resolution of the Board of Zoning Appeals providing for the establishment of two Conditional Uses in the "E" Estates zoning district for a group home, and private school to serve the residents of the group home and program participants per Table 2, Subsection 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 South, Range 26 East, Collier County, Florida. (Commissioner Fiala's request.) Item 17E - Move to 8F: To obtain Board of County Commissioners approval to repeal Ordinance 90 -30, as amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance NO. 05 -_ (Commissioner Henning's request.) Time Certain Items: Item 8E to be heard at 11:00 a.m.: A request that the Collier County Board of County Commissioners adopt an ordinance amending Ordinance No. 04-41, as amended, the Collier County Land Development Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by the Board for the following purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP- 2004 -4. Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP- 2003 -11 to the GMP as well as further implementing the TDR Bonus Credits and Rural Village Standards as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit Development (PUD) Procedures is to add provisions for PUD expiration and retirement of excess numbers of dwelling units. Item 9E to be heard at 1:00 p.m.: Discuss the taking by Eminent Domain action of the land currently occupied by Caribbean Gardens and other surrounding lands that would serve a public purpose. Provide guidance to staff. Item 9F to be heard at 10:00 a.m.: Discussion of the RFP and subsequent contract for the proposed expansion facility at the Golden Gate Library. Item 10D to be heard at 4:00 p.m.: Recommendation to (1) consider three lobbying firms, as reviewed by a staff selection committee, that responded to RFP 05 -3883 for Professional State Lobbyist Services; (2) choose one of the finalists to represent Collier County; and (3) authorize the County Manager to negotiate a contract with the selected firm. Item 14(1) (should have been 14A) to be heard at 3:30 p.m.: Consideration of a request for LDC deviations for SoNa - SDP #7905, a redevelopment project within the Bayshore Gateway Triangle CRA. NOTE: Item 16F1: The contract with Paradise Advertising was for three years and we are renewing the final year with the suggested amendment. It is our plan to put this advertising and marketing services contract out for bid next summer at the end of the current three year agreement. (Staff request.) Agenda Item No. 4A September 27, 2005 PROCLAMATION Page 1of2 WHEREAS, in an effort to preserve the memories of our local World War II veterans so future generations can hear firsthand the sacrifices made by the "Greatest Generation, " the Collier County Communication and Customer Relations Department worked with local veterans organizations and other county departments to identify Collier County World War II veterans and coordinate interviews to record their war experiences on audiotape; and, WHEREAS, the goal of this oral history project is to capture the memories of these veterans and share with the community personal stories that reflect the tremendous sacrifices this generation made so that we could continue to live in a free nation, and, WHEREAS, to date, nearly 100 WWII veterans have signed up to participate in the WWII Capture Living His project and more than 60 interviews have been conducted, and, WHEREAS, all interviews were conducted by 10 volunteers, most of whom are veterans themselves. These volunteers dedicated more than 150 hours to this project. All of the volunteers went out of their way to rearrange their schedules to accommodate the project's needs, often going above and beyond what was asked of them including picking up WWII veterans from their homes and driving them to the Collier County Government Center to ensure that they could participate in the project; and, WHEREAS, a WWII Capture Living History website, linked to the Collier County Governments site, was developed to display information regarding the biographical information about each veteran along with segments of their interviews; and, WHEREAS, Collier County residents wish to express appreciation to all WWII veterans for their unselfish service to this great nation and hope that this project serves as a small token of our admiration and gratitude to the "Greatest Generation." NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that September 27, 2005, be designated as Collier County WWII Veterans' Day DONE AND ORDERED THIS 27'h Day of September, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROOK, CLERK Agenda Item No. 4A September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4A Item Summary: Proclamation designating September 27, 2005.. as Collier County WWII Veterans' Day. To be accepted by Gary Shanabarger. Commandant, Senior Marine of the Marine Corps League of Naples; Jim Elson. Veterans Council of Collier County; Peter Kraley, Veteran Services Department and Jack Hild, 14th Air Force- Flying Tigers World War II Veteran. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Melanie Rodriguez Administrative Aide to the BCC Date Board of County Commissioners BCC Office 912/2005 1:38:32 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 9/2/2005 2:18 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/10/2005 10:02 AM Agenda item No. 4B September 27, 2005 Page 1 of 2 PR0CLAMATION WHEREAS, an important part of the Collier County and University of Florida Extension is to inform residential gardeners about the Southwest Florida eco- friendly urban gardening; and, WHEREAS, trained Master Gardener volunteers perform an extremely important role in this service; and, WHEREAS, one Master Gardener volunteer has shown himself to go above and beyond expectations in teaching residents what plants are appropriate to Collier County's climate, their water limitations, and how to care for them in a Florida friendly way, and, WHEREAS, this volunteer has become a stand -alone Master Gardener and has given his time to receive training, write news articles, initiate the Southwest Florida Horticultural Learning Center Walk -Thru Guide to the established gardens and donated his time and efforts since 1997, as well as serve as Friends of Extension President, and, WHEREAS, his donation of over 1500 documented hours of time in the Master Gardener Plant Clinic has been of tremendous benefit to the citizens of Collier County. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that we express the deepest appreciation to Mr. William Suckow for his gift to our citizens. DONE AND ORDERED THIS 27Th day of September, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Agenda Item No. 4B September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4B Item Summary: Proclamation expressing appreciation for Mr. William Suckow's work as a Master Gardner. To be accepted by William Suckow, Master Gardner. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Melanie Rodriguez Administrative Aide to the BCC Date Board of County Commissioners BCC Office 9/14/2005 9:04:10 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 9/14/2005 2:54 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/14/2005 7:05 PM Commissioners Agenda Item No. 4C September 27. 2005 Page 1 of 2 PROCLAMATION WHEREAS, Sheri Bennett has made multiple contributions to the Immokalee community; and, WHEREAS, Ms. Bennett, as an entrepreneur and businesswoman operated a successful flower shop in Immokalee for six years; and, WHEREAS, Ms. Bennett is a founding Board Member and for the past two years the Executive Director of the Immokalee Multicultural Multipurpose Community Action Agency, Inc.; and, WHEREAS, as a powerful advocate for her customers, Sheri Bennett successfully brought Southwest Florida College's Medical Office Skills Training Program to the community; and, WHEREAS, Sheri Bennett's quiet presence and fierce commitment will be missed in the Immokolee community. NOW THEREFORE, be it proclaimed by the Board of County Commissioners -- of Collier County, Florida, that September 27, 2005, be designated as Sheri Bennett Day DONE AND ORDERED THIS 27'h day of September, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Agenda Item No. 4C September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4C Item Summary: Proclamation designating September 15, 2005, as Sheri Bennett Day. To be accepted by Sheri Bennett, Executive Director, Immokalee Multicultural Multipurpose Community Action Agency, Inc. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Melanie Rodriguez Administrative Aide to the BCC Date Board of County Commissioners BCC Office 9/15/2005 4:46:30 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 9/15/2005 4:50 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/15/2005 6:38 PM Commissioners Agenda Item No. 4D September 27, 2005 Page 1 of 2 PROCLAMATION WHEREAS, the arts and cultural community of Collier Community enriches the lives of all residents and visitors; and, WHEREAS, tourism in Collier County is significantly enhanced by the area's diverse offerings of arts and cultural activities; and, WHEREAS, the arts play a key role in the business community and make a significant contribution to the county's economy, and, WHEREAS, members of the arts community play an active role in area schools, enhancing the students' education; and, WHEREAS, there is an expansive arts community in Collier County, with 30+ arts and cultural organizations, 500+ professional artists and musicians, 100+ art galleries, and thousands of art- lovers; and, WHEREAS, the United Arts Council of Collier County is organizing a series of art and cultural events throughout the county during the month of November 2005. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November 2005, be designated as Celebrate the Arts Month in Collier County DONE AND ORDERED THIS 27"h Day of September, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Agenda Item No. 4D September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4D Item Summary: Proclamation designating November 2005 as Celebrate the Arts Month in Collier County. To be accepted by Elaine Hamilton, Executive Director, United Arts Council of Collier County. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Melanie Rodriguez Administrative Aide to the BCC Date Board of County BCC Office 9/20/2005 2:14:34 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 912012005 2:49 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/20/2005 4:06 PM Commissioners Agenda Item No. 5A September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Roberta Reiss, Library Outreach Specialist, Public Services Division as Employee of the Month for August 2005 OBJECTIVE: To recognize Roberta Reiss, as Employee of the Month for August 2005. CONSIDERATIONS: Roberta Reiss is truly dedicated to improving the literacy skills of adults, families, and older youth in the community. Roberta has developed a multifaceted approach to making the Library's Literacy Program a nationally recognized resource for tutoring in reading, speaking and life skills. Roberta has created opportunities for grants and community partnerships to improve English Language and basic literacy skills to residents of Collier County. Roberta is working cooperatively with literacy groups and government organizations throughout the state. Her contacts and experience only serve to enrich the quality of our literacy program. Roberta has made presentations to the Department of Education Volunteers and the Literacy Task Force. Roberta has also provided tutor training for Schools on Wheels and literacy training for Habitat for Humanity mentors. She has expanded our workplace literacy program to include the Carlisle Residence and the Island Country Club and has brought the National Endowment for the Humanities funded People and Stories grant to our community to improve the reading and communication skills of residents. The Library has received a NACo (National Association of Counties) award for its literacy program which is a definite reflection of Roberta's many accomplishments. She has made multiple presentations at the Florida Literacy Conference and she is the supervising trainer for Pro - Literacy in this area. Roberta has attended the While House Symposium for Faith -Based and Community Initiatives. She is a member of the State Library Task Force, and has also published an essay, "Models of Outreach Policy and Practice: Something for Everyone at Your Library." It is an understatement to say that Roberta has made significant contributions to literacy, the Library and our community. FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Roberta Reiss is recognized as the "Employee of the Month" for August 2005. PREPARED BY: Dawn Ragone, Administrative Assistant, Human Resources Department. Agenda Item No. 5A September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5A Item Summary: Recommendation to recognize Roberta Reiss, Library Outreach Specialist, Public Services Division as Employee of the Month for August 2005. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Dawn Ragone Administrative Assistant Date Administrative Services Human Resources 8/1012005 4:09:10 PM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 8111/2005 9:18 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 8/1812005 2:10 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 811912005 7:42 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 812212005 4:30 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 812212005 5:56 PM Agenda Item No. 513 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Judy Johnson, Administrative Assistant, Public Utilities Division, as Employee of the Month for September 2005 OBJECTIVE: To recognize Judy Johnson, Administrative Assistant, Public Utilities Division, as Employee of the Month for September, 2005. CONSIDERATIONS: Judy's customer service skills are exemplary. She ensures that continuous and specific public information campaigns and outreach programs are conducted to increase public awareness of the mission and work of the Wastewater Department. She also provides timely and accurate responses to requests for information from the County Manager's Office, the County Attorney's Office, as well as the Constitutional offices. She also responds to inquiries from other Divisions as well as to the Office of the Board of County Commissioners. Judy always promotes an atmosphere of friendliness. She interacts with the public in a courteous and amiable manner. The Wastewater Department worked special shifts during last season's hurricane events. Judy corresponded with Human Resources to verify the correct time entry procedure for the special shift configuration. She coordinated the flow of information regarding the time entry changes to each Wastewater Cost Center's Administrative Secretary. In total, she worked 32 hours of overtime to ensure that payroll was correctly processed during the hurricane events. Judy was chosen to participate in the "Learn To Lead" program in the year 2000. Judy assisted in a project which identified two areas in Collier County where littering was costing undue Tax Dollars. Judy and her group of participants made a recommendation to the Board of County Commissioners to consider the adoption of a Proclamation naming January, 2001 as "Picking - Up Your Tax Dollars" month. Judy is extremely active in both the Boy Scouts and the Girl Scouts. She is a member of the Selection Committee for the Explorer Leadership Award and has earned her Wood Badge Beads. Not content to do just unit work, she volunteered to help out in the district. Judy soon became a member of the Commissioner's Staff, Explorer Leader Training Team, Youth Protection Trainer for Exploring and District Explorer Chairman. She participated in the Northeast Region's Explorer Conference and was also on the National Jamboree Staff. She is currently Assistant District Commissioner for Venturing and has earned the Commissioner's Arrowhead Award and the District Award of Merit. This is just a minimal representation of Judy's active community service. Judy is a stellar employee and an invaluable asset to the Wastewater Department and the Collier County community. It is for these reasons she deserves recognition as Collier County Government's Employee of the Month. 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 Judy Johnson is recognized as the "Employee of the Month" for -- September 2005. PREPARED BY: Dawn Ragone, Administrative Assistant, Human Resources Department. Agenda Item No. 513 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 513 Item Summary: Recommendation to recognize Judy Johnson, Administrative Assistant, Public Utilities Division, as Employee of the Month for September 2005. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Dawn Ragone Administrative Assistant Date Administrative Services Human Resources 9112/2005 3:24:39 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9/12/2005 5 :05 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1312005 7:43 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/13/2005 1:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1412005 3:31 PM Agenda Item No. 5C September 27, 2005 Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5C Item Summary: Presentation of the 2005 Flagler Awards "The Henry" In Recognition of Outstanding Tourism Marketing - Television- Naples, Marco Island, Everglades Convention & Visitors Bureau - Presented by Jack Wert, Tourism Director. Meeting Date: 9/27/2005 9:00:00 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 9115/2005 4:02 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/16/2005 9:01 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 911912005 11:00 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 4:26 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911912005 5:20 PM Agenda Item No. 6A September 27, 2005 Page 1 of 14 -- COLLIER COUNTY MANAGER' S OFFICE 3301 East Tamiami Trail * Naples, FL 34112 • 239 - 774 -8383 a Fax 239 - 774 -4010 September 14, 2005 Mr. Bradley Cornell Big Cypress Policy Associate Collier County Audubon Society /Audubon 660 Tamiami Trail North, Suite 32A Naples, FL 34102 Re: Public Petition Request to Discuss The Mirasol Drainage Project in the Cocohatchee /Corkscrew West Flowway Dear Mr. Cornell: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 27, 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 "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. rely, James V. Mudd County Manager JVMrb cc: David Weigel, County Attorney Joseph Schmitt, Administrator, C.D.&E.S. Norman Feder, Administrator, Transportation Services Agenda Item No. 6A September 27, 2005 Page 2 of 14 A CLiY£R C4t1;I�1TY uc�ubOn OF FLORIDA s °C ;ETA Big Cypress Policy Office 660 Tamiami Trail, North, Suite 32A Naples, FL 34102 239 - 643 -7822 BCORNELLna audubon.org September 13, 2005 James Mudd Collier County Manager 3301 East Tamiami Trail Naples, FL 34120 RE: Public Petition Request to present an issue to the BCC at their September 27 meeting Dear Mr. Mudd: On behalf of both Audubon of Florida and Collier County Audubon Society, I have been reviewing data and information regarding the Mirasol drainage project in the Cocohatchee /Corkscrew West flowway for several years. The Board of County Commissioners gave preliminary approval to a commercial excavation permit to the developer with the understanding that the Army Corps of Engineers would issue a permit very shortly. That was in May, 2004. The Army Corps has not yet issued the permit, and new information leads Audubon to believe that this project very possibly will harm both Corkscrew Swamp Sanctuary and the federally endangered wood stork. For this reason, as a public petition at the regular September 27 Board meeting, I wish to ask the Board to reconsider its preliminary approval for a commercial excavation permit to dig the 200 feet wide, 4 feet deep, 3 mile long Mirasol drainage ditch. I have attached a March, 2005 U.S. Army Corps of Engineers review of the potential impacts to wetlands by the project as backup information. Thank you very much for your consideration of this request. Sincerely, Bradley Cornell Big Cypress Policy Associate Collier County Audubon Society /Audubon of Florida cc: Ed Carlson, Corkscrew Swamp Sanctuary Eric Draper, Audubon of Florida Agenda Item No. 6A September 27, 2005 Page 3 of 14 CESAJ -EN MEMORANDUM FOR Chief, Regulatory Division SUBJECT: Hydrologic Modeling Review for the proposed Mirasol development in Southwest Florida (Department of the Army permit application number 200001926 by J.D Nicewonder, Jr.) 1. This review is provided in response to the following documents: 1.1 Package dated January 13, 2005 received from Tomasello Consulting Engineers (TCE) on January 18, 2005. The package was submitted on behalf of the applicant and contained: 1.1.1 A 10 -page narrative (with 17 pages of figures) titled "Supplement to Hydrologic Report for Mirasol Project, Collier County, Florida (Encl 1) ". 1. 1.2 A 46 -page document titled "S2DMM Documentation Report Version 8L -04 December 04 ". Eight pages of this model documentation report describe how the S2DMM model was applied to this project (Eric] 2). The remaining pages provide a user's guide. 1. 1.3 A DVD data disc containing electronic model data files (various input files and output files for the 4 project conditions that were run) and several executable utility files that can be used to extract information (i.e., hydrographs) from the surface water results of the model. The "Supplement" report describes these utilities and provides instructions for their use. The DVD also contains MODFLOW groundwater model input data files. It does not appear that similar utilities were provided to extract data from the MODFLOW portion of the model and the reviewer is directed to refer to a MODFLOW users manual to determine specifics. Geographic Information System (GIS) files were also included on the disc which provided geo- referenced representations of certain model data. The following disclaimer regarding the use of the electronic data files is provided: DISCLAIMER: In order to allow meaningful use of the extraction utilities provided by TCE, the reviewer would need to invest substantial time to learn the intricacies of the model input and output files. Due to time limitations, these utilities were not used in this review. Only two of the readily accessible standard format GIS files and one of the MODFLOW files were used in this review. (The specific file names are referenced in the report). Page 1 of 12 Agenda Item No. 6A September 27, 2005 Page 4 of 14 SUBJECT: Hydrologic Modeling Review for the proposed Mirasol development in Southwest Florida (permit application number 200001926 by J.D Nicewonder, Jr.) 1.2 An undated and untitled memo with an introductory paragraph stating "This document is prepared in response to the Memorandum For Chief, Regulatory Division" (Encl 3). This document provides the applicant's responses to selected items raised in a previous review (September 5, 2004). The document is herein referred to as the "Response ". 1.3 Interagency Agreement number DW -96- 94598101 -0. This documents is titled Scope of Work for EPA -CORPS IAG "Evaluation of hydrologic modeling conducted to evaluate the effects of the excavated flow -way and associated control structures on wetlands in and adjacent to the Mirasol Project in the Cocohatchee Slough, Collier County, Florida" (Encl 4). The document is herein referred to as the "IAG" 2. Deliverables - The Deliverables section of the IAG begins with the following statement The final product of this IAG will be a document from the Corps to the EPA under the Division Director's signature providing the following information: An evaluation of the acceptability of this model to do the task it purports to do and the sensitivity of the model based on the general modeling review already completed as well as additional review funded by this Agreement using project specific model inputs. This evaluation should address the following issues already identified by the H &H Branch. This Engineering Division review is being provided to the Chief, Regulatory Division. The report is structured to address the four specific deliverables listed below. Each of the four deliverables is restated verbatim in italics followed by our conclusions. This report also attempts to address Goals and Objectives stated in the IAG and our comments in this regard are noted as such: 2.1 Deliverable - The probability of success in achieving hydropattens predicted. — Conclusion: The enclosed document titled "Summary of 2002 MRT Model Uncertainty Report" (Encl 5) provides a succinct discussion of the uncertainties inherent in hydrologic modeling. While the paper is geared to the regional models being used in support of the Comprehensive Everglades Restoration Plan (CERP), the concepts are applicable here. In order to estimate the "probability of success" as requested in the IAG, uncertainty analyses as described in the report would be necessary. This is not within the scope of this review and independent uncertainty analyses were not undertaken. Pages 2 & 3 of the MRT report describe the major sources of uncertainty and inferences that can be drawn from metrics associated with the sources. The recent documentation submitted by TCE did not provide any of the standard calibration statistics typically developed. Therefore, we cannot comment on meaningful inferences such as mean absolute error and standard deviation for reported stages versus measured values or on temporal inferences that can be garnered from correlation values. Page 2 of 12 Agenda Item No. 6A September 27, 2005 Page 5 of 14 SUBJECT: Hydrologic Modeling Review for the proposed Mirasol development in Southwest Florida (permit application number 200001926 by J.D Nicewonder, Jr.) Along these lines we offer the following comments with respect to several of the IAG Goals and Objectives: 2.1.1 Goals and Objectives -Provide a thorough review of the SD2MMmodel using case - specific inputs provided by the applicant to allow staff to make a clear statement that either (1) there is a high level of confidence in the Applicant's modeling and resulting stage predictions (especially as input for a hydropattern analysis) and that the modeled flow -way system will perform as predicted or (2) the Applicant's modeling lacks an acceptable level of confidence and a determination of why a high level of confidence is not possible or explanation ofthe model deficiencies. Comment: As indicated previously, assessing the level of confidence associated with the parameters listed above would require rigorous uncertainty analyses. In the absence of said analyses, a statement regarding a high level of confidence in the Applicant's modeling cannot be made, nor can such a statement be made to ascertain if the modeled flow -way system will perform as predicted. 2.1.2 Goals and Objectives - Provide a review of the sensitivity of the model to any of the particular variables or assumptions used and how that sensitivity could affect the predictions of the model. Comment: In the "Supplement to the Hydrologic Report" TCE provides a narrative of parameter sensitivity, including Soil Storage, Evapotranspiration, Rainfall, and Manning's n. Narrative assessments of the sensitivity are offered by TCE through inspection of several plots. Statistical values representing the responses to parameter variation were not provided, therefore this review cannot address the sensitivity analysis beyond the visual "best fit" descriptions provided by TCE. 2.2 Deliverable - The appropriateness of the output analyses, including the number and location of model grids used in the evaluation, to provide for hydropattern predictions for the entire project area.- Conclusion: The question regarding the appropriateness of the model output analyses appears to have been addressed in the applicant's "Response" memo. In response to item 3.3.6.3 of the September 5, 2004 review, the applicant indicates discussions with Corps Regulatory Staff resulted in the determination that the four cells previously evaluated were determined to be useful and 14 additional cells would be added to the output array. Accordingly, we defer to Regulatory Division's determination that the final array of cells has been determined to be appropriate for output analyses. A distinction should be made between computational resolution and evaluation resolution (see Encl 6, March 8, 2005 email from TCE). In the Local Model, routing of water in the horizontal plane is occurring between adjacent cells at the 1000 x 1000 -foot cell size and interaction between surface water and Page 3 of 12 Agenda Item No. 6A September 27, 2005 Page 6 of 14 SUBJECT: Hydrologic Modeling Review for the proposed Mirasol development in Southwest Florida (permit application number 200001926 by J.D Nicewonder, Jr.) groundwater also occurs at the 1000 x 1000 -foot cell size (MODFLOW file MIR_1000.BCF shows "computational" grid size of 1000 x 1000 - feet). The 100 x 100 -foot "subgrid" size provide higher resolution of topography an d soils as represented in each of the 1000 x 1000 -foot cells. This results in more accurate calculation of the volume of water in a computational cell at a given time -step. Also, the cross - sectional representation of the computational cell is more accurate for purposes of horizontal routing in the x and y directions. Inclusion of the subgrid parameters improves the accuracy of the stage calculations in the "computational' cells. However, we do not conclude that the resolution of the Local Model is 100 x 100 feet since the stage information that is important in hydropattern analyses is calculated at the 1000 x 1000 -foot resolution. 2.3 Deliverable - An evaluation of the appropriateness of the determination of "Optimal Maximum Water Depth" in achieving project goals. — Conclusion: In a previous review of this project (September 5, 2004, section 3.3.4) several observations were made regarding the evaluation criteria "Optimal Maximum Water Depth ". The first observation pointed out an apparent inconsistency in the setting of the water level targets for the various habitat types. Specifically, the target values for some habitat types were the mean values between the Maximum and Minimum depth values, while for other habitat types the target values were not the mean. The second observation pointed out that it is important that the evaluator agrees with the setting of these targets. Once the target water depth and temporal targets are agreed to by the evaluator, it simply becomes a matter of post - processing the stage hydrographs in the accepted manner. In their Response memo, TCE provides a basis for setting the varying targets for the various habitat types. We do not have any comments regarding the appropriateness of these target selections. However, we do offer an example of several alternative approaches to evaluating spatially explicit model output with respect to hydroperiod and hydropattem. Enclosure 7 is a printout of a PowerPoint presentation prepared in support of the Picayune Strand Restoration Project (formerly known as Southern Golden Gates Ecosystem Restoration). This presentation shows both cell specific reviews (called wells in the presentation) as well as hydroperiod/hydropattern maps of the entire model domain. The MikeShe/Mike 11 model used in this regional wetland restoration project is similar to the S2DMM models used by TCE. Both modeling platforms simulate 1 -d river /canal networks, 2 -d overland flow, and 3 -d groundwater in an integrated manner. We would expect that spatially explicit hydroperiod/hydropattern maps could be produced from the S2DMM output should evaluators find this type of output useful. Page 4 of 12 Agenda Item No. 6A September 27, 2005 Page 7 of 14 SUBJECT: Hydrologic Modeling Review for the proposed Mirasol development in Southwest Florida (permit application number 200001926 by J.D Nicewonder, Jr.) 2.4 Deliverable -An overall evaluation of the proposed excavated flow -way for flood reduction, possible changes to the Corkscrew Swamp Sanctuary, and any other regional effects identified during the review. 2.4.1 Deliverable — Evaluation of Regional Flood Reduction - Background: It is useful to define what "Flood Reduction" means in the context of regional effects. The following describes our basis of understanding of regional flood reduction as it relates to the hydraulic effects of the flow -way. As a condition of their State of Florida Environmental Resource Permit, the SFWMD required the applicant to implement one of the "Regional Flow Ways" that were recommended in the May 1999, South Lee County Watershed Plan ( SLCWP). The SLCWP was conducted by the SFWMD in response to flooding experienced in south Lee County and north Collier County in 1995. Furthermore, if the flow -way met certain hydraulic performance, SFWMD would consider it a "regional benefit" that could be factored into the wetland mitigation calculation. The performance criteria is to lower the peak stage by 0.5 feet at a location in the northeast corner of the Mirasol tract (the Section 10 /11 line). This reduction in peak stage is to be attained under a 25- year /3 -day synthetic rainfall event embedded within a 244 -day period of actual recorded rainfall. According to the concept of the SLCWP, if the peak stage near the watershed divide between the Imperial River and Cocohatchee basins could be lowered by increasing flow capacity to the south, then flood stages and duration to the north in the Imperial basin would be reduced. Since regional flood reduction appeared to the primary purpose of the flow -way, we felt is was important to understand the current state of the regional system with respect to the events which occured in 1995. In other words, when considering the conveyance improvements already accomplished by the SLCWP in the Imperial and Estero basins, one might question if there is still a need for a regional solution via the Cocohatchee (a.k.a. Mirasol) Flow -way? Conclusion: In our opinion, two approaches could be undertaken to address the flow -way's regional flood reduction hypothesis that seems to underpin the SFWMD's regional benefit assumption (i.e., regional flood reduction in the Imperial River basin). The basic premise for both approaches employs the following logic. Compare the hydrologic response of the regional Corkscrew Wetland basin "before" and "after" the implementation of the Imperial and Estero conveyance improvements already accomplished by the SLCWP. This in turn would provide an indication as to whether additional regional flood reduction actions via the Mirasol flow -way are warranted at this time. The first approach would use measured hydrologic data in the comparison and the second approach would use modeled responses for comparison. This model would need to be regional is scope, such as the South Lee County Model (SLCM). The most current documentation provided by the applicant does not attempt to address regional flood reduction necessity through either the data analysis or modeling approaches. Page 5 of 12 Agenda Item No. 6A September 27, 2005 Page 8 of 14 SUBJECT: Hydrologic Modeling Review for the proposed Mirasol development in Southwest Florida (permit application number 200001926 by J.D Nicewonder, Jr.) 2.4.1.1 Goals and Objectives - Provide a review of information available from the South Florida Water Management District (SFWMD) and the Corps for the years of 1995 and 2003 to compare stage and duration of floodwaters observed during those years -This objective is related to the Regional Flood Reduction evaluation deliverable. We attempted to address the question via the measured data approach and offer the following analysis which was performed by EN -HI staff, Messrs. Philip Sylvester, Ryan Grove, and Graham Story. Data Search - Readily available hydrologic data was obtained from the SFWMD web -based data server "DBHYDRO" httl2://www.sfwmd.gov/org /ema/dbhydro/index.html. Monitoring stations within the watershed boundary were identified. These stations included rainfall, stage, and well monitors and each station outputs one value per day. The DBKEY for DBHYDRO was identified for each station and the full period of record (POR) was retrieved for each monitoring station. The data was imported into Excel in order to identify gaps of missing or no data. All of the rainfall data was graphed in order to visually determine which station data would be most useful for determining rainfall frequency and intensity of events. Table 1 shows the POR begin and end dates for 7 stations within the watershed. Page 6 of 12 Agenda Item No. 6A September 27, 2005 Page 9 of 14 Table 1- DBHYDRO data for Corkscrew Watershed Station Rainfall Stage Start end start end BONITA S 18- Jan-43 31 -Dec -54 8- Jan -91 7- Jan -05 FPWX 3- Sep-97 1- Dec -04 951 EXT 19- Jun -96 2- Jan -05 19- Jun -96 2- Jan -05 CORKISL 1- Jan -91 31- May -03 CORK.HQ 21- Oct -93 7- Jan -05 1- Nov -59 31- Oct -04 8- Jun -74 3- Sep-77 CORK 30- May -96 6- Jan -05 15- Mar -84 6- Jun -96 30- May -96 5- Jan -05 IMMOKA 2 31- Dec -62 23- Sep -03 IMMOKA 3 1- Mar-41 30- Nov -98 21- Oct -93 7- Jan -05 - -- ___— As can be seen, there are very limited stage data available, and the CORK and 951 EXT stations are not located within the areas that were severely flooded in 1995 (i.e., the regional flooding problem). Therefore the system response with respect to stages and their durations at specific locations cannot be analyzed with the data available. Rainfall analysis: Rainfall data from 2001 -2004 has been analyzed in an attempt to better characterize the rainfall inputs to the system for the "after" case. Figure 1 is a binary representation of gaps in the daily rainfall data for each station. If a daily measurement was present, a plotting value of 1 was assigned and gaps were plotted as a value of zero. The horizontal on- off plot shows the relative "quality" of the individual station records. Several stations have records of sufficient quality that span the 1995 —2004 period. However, since a multi - station, areally distributed analysis could not be performed in the limited time available, a single station CORK HQ was chosen as representative of the basin. Page 7 of 12 LO -,t —° 0 _p ca E IL QCf) 2 p m CO a Ix e h l ui I u v I tt m ryl Gi r11 m en C� 11 C ` r ee 7 V- 1 N_ 4- O cc w M 60 1 50 c 40 e E u 30 20 10 Agenda Item No. 6A September 27; 2005 Page 11 of 14 The executive summary of the SLC WP begins with " The flooding that resulted from the rainfall events between late June of 1995 and October of 1995 was a combination of numerous high intensity rainfall events coupled with wet antecedent moisture conditions." The plot of Cork HQ- Cumulative Annual Rainfall Comparison 1995 vs. 2001 -2004 graphically depicts this input to the system (Figure 2). Of particular interest is the 72- hour period (8/23/95 thru 8/25/95) during which 9.33 inches fell. Cork HQ - Cumulative Annual Rainfall 1995 vs. 2001 -04 TOW AmuN Rainfall (inches) 7995 - 75 2001-60 2002 = 67 2003-68 2004 - 59 ._.,„..M.,.n...... ,_..,_ ... f 9.33 inches in 72 hour period 8!23195 thru 8125!95 f 1 -Feb 4 -Mar 4-Apr 5-May 5-Jun 6-Jul 6-Aug 6 -Sep 7 -Oa 7 -Nov 8 -Dec 7995 2001 -2002 2003 .,_- .__..2004 Figure 2 The 72 -hour 10 -year event reported for this area in the SFWMD rainfall atlas is approximately 9 inches. The largest 72 -hour rainfall in the 2001- 2004 period is 5.5 inches (6/21/03 thru 6/23/03). The 72 -hour 2 -year event reported for this area is approximately 5 inches. Therefore, a close comparison to this 72 -hour event in 1995 has not occurred since 2001. Since the late June to October 1995 period was mentioned in the SLCWP, we draw attention to this period in the 1995 data. A 126 -day period 6/18/95 thru 10/21/95 had 50.75 inches of rain, roughly 2/3 of the annual rainfall of 75 inches. Accordingly, 126 -day periods from 2001 and 2003 are presented for comparison in Figure 3. Page 9 of 12 Agenda Item No. 6A September 27, 2005 Page 12 of 14 SUBJECT: Hydrologic Modeling Review for the proposed Mirasol development in Southwest Florida (permit application number 200001926 by J.D Nicewonder, Jr.) Figure 3 Conclusion: From this 126 -day comparison, the inputs appear to be more similar than the annual comparison, but the magnitude of the 8/23/95 thru 8/25/95 event makes direct comparison of the 1995 126 -day period to the 2001 and 2003 periods difficult. Accordingly, the approach of comparing measured data does not provide a conclusive answer. 2.4.2 Deliverable —Evaluation of Other Regional Effects —possible changes to the Corkscrew Swamp Sanctuary, and any other regional effects identified during the review 2.4.3 Conclusion: In the "Response" memo, under the section titled Potential Upstream Effects on the Corkscrew Swamp ", a premise is put forth which suggests the effects of the flow -way do not propagate upstream far enough to warrant a regional model run as we suggest above. In the response TCE asserts that a cell in the Local Model can act as a surrogate indicator for regional impacts because it is outside the influence of the flow -way and other outside influences. The basis for this assumption is that Local Model Cell 3, 19 shows "minimal" effect and Cell 3, 25 shows "no" effect. Cell 3, 25 is two cells removed from the Local Model's Stage- Discharge inflow boundary which comes from the SLCM Regional model. Due to Cell 3,25's proximity to the boundary, we would expect the stage response in that cell to be dominated by the boundary condition. Since the same boundary condition is used in both Page 10 of 12 Cork HQ 12"ay Cumulatlw Randall Comparison WISM0 Lluu 7f IMS S/2Sl97 lhru W29N7 44663 Shru W29103 60 CWW WN. TOW for 12"" s 0/mam60- 1081186 050.76 Mwh- 5rAMI 0 -92W01 •47.25Ywh- 4rA0036n+ORW03 -41.5 kWW& 8.33 Inch- h 72 hour p.,W 82m a- 826,96 — 20 10 0 0 20 40 a0 80 100 120 1264.y We OW— o• • M-P) I��1886 — "'2001 —"003 Figure 3 Conclusion: From this 126 -day comparison, the inputs appear to be more similar than the annual comparison, but the magnitude of the 8/23/95 thru 8/25/95 event makes direct comparison of the 1995 126 -day period to the 2001 and 2003 periods difficult. Accordingly, the approach of comparing measured data does not provide a conclusive answer. 2.4.2 Deliverable —Evaluation of Other Regional Effects —possible changes to the Corkscrew Swamp Sanctuary, and any other regional effects identified during the review 2.4.3 Conclusion: In the "Response" memo, under the section titled Potential Upstream Effects on the Corkscrew Swamp ", a premise is put forth which suggests the effects of the flow -way do not propagate upstream far enough to warrant a regional model run as we suggest above. In the response TCE asserts that a cell in the Local Model can act as a surrogate indicator for regional impacts because it is outside the influence of the flow -way and other outside influences. The basis for this assumption is that Local Model Cell 3, 19 shows "minimal" effect and Cell 3, 25 shows "no" effect. Cell 3, 25 is two cells removed from the Local Model's Stage- Discharge inflow boundary which comes from the SLCM Regional model. Due to Cell 3,25's proximity to the boundary, we would expect the stage response in that cell to be dominated by the boundary condition. Since the same boundary condition is used in both Page 10 of 12 Agenda Item No. 6A September 27, 2005 Page 13 of 14 SUBJECT: Hydrologic Modeling Review for the proposed Mirasol development in Southwest Florida (permit application number 200001926 byJ.D Nicewonder, Jr.) scenarios, we would not expect to see a change. TCE attempts to provide additional support for the validity of the Local Model indicator cell approach by describing an interactive method in which the respective stage - discharge boundary conditions of the two models were incrementally adjusted so that the stage- discharge effects of the flow -way predicted by the Local Model could be applied to the stage - discharge outflow boundary of the SCLM model. The SCLM was run with the modified boundary condition and plots of stage and discharge from the SCLM in the vicinity of the Local Model (SCLM cells (40,16)(41,16) and (41,19)) are presented. We agree that the reported maximum differences in stage on a single day are not in- and -of- themselves significant. However, from the change in volume perspective, the difference may be significant in terms of hydropattem. For example, the maximum stage difference reported by TCE for SCLM cell 41,19 is -0.03 feet (it is unclear from inspection of the hydrograph on which day this occurs). The volumetric reduction would be approximately 5 acre -feet for this 2640 x 2640 -foot computational cell (2640 ft. x 2640 ft. x -0.03 ft. = - 209,083 cubic feet, or approximately -5 acre - feet). To estimate the total volume of water lost from the regional system during an evaluation period of interest, the increase in discharge over time should be calculated. For example, Figure 3 of TCE's Response shows the predicted increase in westerly- directed flows for SLCM Cells 40,16 and 41,16 for the seven month wet season of 2003. Tabular data showing these differences were not provided but inspection of the figure shows an increase of about 25 cubic -feet per second in the discharge rate leaving these two cells on or about June 27. This would represent an increase in discharge of approximately 8.5% over the existing condition flow -rate (25cfs - 295cfs = 0.085). Summing up the volumetric changes over a set period of time would provide an estimate of the total volume of water lost from the regional system during that period. In our opinion, this would be a more appropriate way to indirectly examine the sensitivity of the upstream wetland's response to the flow -way. 3. Summary of Conclusions: 3.1 Appropriateness of the model. - Since the level of uncertainty cannot be calculated with out employing a rigorous and time - consuming process, we cannot offer a definitive recommendation in this regard. A statement regarding a high level of confidence in the Applicant's modeling cannot be made, nor can such a statement be made to ascertain if the modeled flow -way system will perform as predicted. 3.2 Need for the Flow -way for regional flood reduction. — The modeling as presented does not provide sufficient level of detail to ascertain the necessity of the flow -way, nor does the supporting documentation provide such justification. Since readily available measured stage data is not available to make a pre -post SLCWP comparison, additional data would need to be collected. Alternatively, the entire system should be modeled with and without the flow -way and the changes in Page 11 of 12 Agenda Item No. 6A September 27, 2005 Page 14 of 14 SUBJECT: Hydrologic Modeling Review for the proposed Mirasol development in Southwest Florida (permit application number 200001926 by J.D Nicewonder, Jr.) seasonal water volumes should be evaluated along with instantaneous stage evaluations. 3.3 Evaluation of Regional Effects on the Corkscrew Swamp Sanctuary - The modeling and supporting documentation focuses on the predicted changes in peak stages at surrogate indicator cells within the Local Model. The modeling and documentation did not provide information that would reflect the changes in water volumes in the upstream wetlands. The potential effects that such reductions in volume would have on the Corkscrew Swamp Sanctuary were not addressed. 4. If you have any questions please contact Mr. Story at extension # 1158. 7 Enclosures STEPHEN C.DUBA, P.E. Chief, Engineering Division Page 12 of 12 Agenda Item No. 7A September 27, 2005 Page 1 of 88 EXECUTIVE SUMMARY ADA- 2005 -AR -7658, Joseph C. Fuller, P.A., representing John and Teri Purvis and other affected property owners requesting an appeal to Official Interpretation INTP- 2005 -AR- 7442 related to an internal official interpretation regarding the definition and operative provisions of certain LDC terms pertaining to "Boat Canopies." OBJECTIVE: The objective of this appeal by the appellants is to seek a reversal of the interpretation issued by the Director of the Department of Zoning and Land Development Review (previously known as Planning Services Director), by the Collier County Board of Zoning Appeals (BZA). The appeal is related to the issuance of an internal official interpretation requested by Michelle Arnold, the Director of the Collier County Code Enforcement Department. The objective of the Board of County Commissioners, sitting as the BZA, is to review the current Director's interpretation of the existing facts and law and to determine if any part of the Director's interpretation was inconsistent with the existing Land Development Code regulations and the Growth Management Plan (See LDC Sec. 10.02.02. F.). The appeal process is focused .-- specifically on the questions raised by the applicant (Michelle Arnold) and the decisions rendered by the Director. Specifically, as to this appeal, the issues are whether the interpretation, as rendered by the Director, regarding the definition of a structure as it relates to a canopy attached to a dock erected over a boat and boatlift/dock facility, as depicted in a provided photograph, is consistent with the Land Development Code (as there are no provisions of the Growth Management Plan (GMP) which appear to be pertinent, "inconsistency" with the GMP is not a part of this appeal), and then if so, whether the Director correctly opined on how such structures are to be properly authorized as a permissible use, or not, by the Land Development Code. Should the BZA determine that the official interpretation is not supported by substantial competent evidence or that the interpretation is contrary to the Land Development Code, the Board may modify or reject the Director's interpretation. Should the Board find none of the above, the Board shall accept the Director's interpretation. If the Board, in reliance on its findings based on substantial competent evidence, rules to not accept the interpretation as rendered, such a ruling may significantly affect previous administrative decisions regarding the application of the code on other boathouses within the County and similarly regulated projects throughout the County. Agenda Item No. 7A September 27, 2005 Page 2 of 88 CONSIDERATIONS: On April 8, 2005, an official interpretation, INTP- 2005 -AR -7442, was rendered to Michelle Arnold, Director of the Collier County Code Enforcement Department. The interpretation followed an application made by Michelle Arnold to have the Zoning Director issue a formal opinion concerning the definition of a structure as it relates to a photograph of a canopy attached to a dock erected over a boat and boatlift /dock facility and furthermore asked how are such structures authorized as a permissible use, or not, by the Land Development Code (LDC) (see exhibit A). The Zoning Director's opinion determined that the canopy fixture depicted in the photograph meets the elements of the defined term of "structure" and was further defined by the LDC as a boathouse. The Zoning Director further opined that in order to lawfully be able to obtain a building permit to construct a boathouse, LDC section 5.03.06. requires that boathouses, including any roofed structure built on a dock such as a boat canopy, must first be reviewed and approved by the Planning Commission under the proper "use" procedures and applicable criteria described therein. The Director's opinion also notes that sub - section F. of the specific LDC provisions governing boathouses set forth development standards as additional criteria that apply solely to boathouses. These additional criteria specifically include setback requirements, regulations regarding the structure's location, a maximum length of protrusion into the waterway, a maximum height limitation, the maximum number of boathouses per site, and aesthetic regulations. The aesthetic regulations include the requirement that all boathouses and covered structures on docks shall be completely open on all four sides and that the roofing material and roof color shall be the same as materials and colors used in the principal structure, unless the structure is a palm frond "chickee" (see exhibits B,C, and D). To summarize the proper "use" approval process, in order for the Planning Commission to approve the request for a boathouse which was in the Director's opinion, depicted in the attached photograph, a Boathouse petition application and the facts presented therein must meet the procedural and development requirements for approval as outlined in the aforementioned sections and subsections of the LDC. Once a boathouse application has been submitted to the County for review and has been approved by the Planning Commission, the applicant may only then apply to the County for a building permit. Stated another way, in order for the building permit application to be reviewed and issued by the County in order to permit construction of a boathouse, the Planning Commission must have first approved the boathouse petition request as noted above and the structure shown as part of the building permit application must reflect the proper development regulations as outlined in the Land Development Code and approved by the Planning Commission. As to the subject photograph submitted with the interpretation request, the roofing material (canvas /plastic), as shown in the photograph, did not appear to meet the development standards required by the LDC, because the roofing material on the principal structure is made of a distinctly different material, appearing to be grayish colored asphalt/shingles. Specifically, the LDC requires the roofing material of a boathouse to be the same color and materials as that which is used on the principal structure, thus, even if applied �^ for, a structure with this roof type could not be approved as a permissible "use" by the Planning Agenda Item No. 7A September 27, 2005 Page 3 of 88 Commission, because it appears to conflict with the expressly stated LDC performance standard requirement. Basis of Appeal The appeal first claims that the Zoning Director has incorrectly relied on a "new" definition of "boathouse," which first became effective on October 18, 2004, and that "new" definition does not address what the definition of a boathouse may have been under the Land Development Code when the canopy depicted in the photograph was first installed or erected. Further, the appellants submit that without the factual history pertaining to the canopy depicted in the photograph, the interpretation was rendered without any competent substantial evidence to support it. The appellants assert that the interpretation is not supported by the Land Development Code in that they claim that a more accurate definition of a boat canopy as a type of structure is actually contained in the LDC provision entitled "Canopy and Shades," Section 5.03.01 (A)(6) which applies to the permitting of canopies for the storage of vehicles (see attached exhibit D -1). The appellants further assert that Collier County has not previously attempted to clearly define and regulate boat canopies, and as a result, has not defined any legitimate public purpose for a total ban or prohibition on boat canopies or covers. In response to the appellants' first claims that their boat canopies or covers were all installed and erected prior to the issuance and publication of the Zoning Director's interpretation and the appellant's boat canopies were all installed prior to the adoption of the "new" provisions and definitions contained in the LDC, which did not become effective until October 18, 2004, staff initially simply notes that appellants' arguments erroneously refer to the development standards governing boathouses as "new provisions" and continuously and erroneously refer to an effective date of these development standards as being October 18, 2004. In fact, prior to June 4, 1997, any boathouse proposed on any residentially zoned properties (as defined by that code) could only be approved as a conditional use which was required to be approved by the Board of County Commissioners pursuant to the procedures set forth in the then numbered Section 2.7.4., of the first codified LDC (i.e., the conditional use approval process) and other development criteria for approval in effect at that time. Thereafter, on June 4, 1997, the Board of County Commissioners approved Ordinance No. 97- 26, which removed the requirement for Conditional Use approval for boathouses and replaced that with the current approval process. That process was described in (former) section 2.6.21. of the LDC, specifically (former) section 2.6.21.3 Dock Facility Extension; Boathouse Establishment Criteria. (see attached exhibit E). Similar to the previous provisions governing the Conditional Use approval of boathouses, the 1997 amendments to the LDC set forth a defined process but also added a specific set of development criteria governing the approval of a boathouse as a "use." Specifically, all boathouses, regardless of the extent of the protrusion into the waterway or the width of the waterway, shall require public notice and a hearing by the Collier County Planning Commission To summarize, the 1997 LDC amendment resulted in the Planning Commission having final �` approval authority over a Boathouse as a permissible "use," rather than the Board of County Agenda Item No. 7A September 27, 2005 Page 4 of 88 Commissioners, by removing the Conditional Use process requirement and established enhanced requirements for review and approval of boathouses. The ordinance set forth and summarized the required development standards for boathouses, including additional development criteria regarding roofing material, as follows: 2.6.21.4.5. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee' style. The 1997 amendment changed the process from one of review of a conditional use petition with ultimate approval by the Board of County Commissioners, to one of review of a Boathouse petition coupled with specific development standards (including roof type and color) with final approval of a Boathouse petition by the Collier County Planning Commission. The 1997 amendment also clarified the definitions of "Boathouse, private" and "Dock facility." (see attached exhibit F) Factually, the appellant's assert that their boat canopies were all installed and erected prior to the issuance and publication of the interpretation and prior to the adoption of the "new" provisions and definitions contained in the LDC, which they claim did not become effective until October 18, 2004. Appellants ignore what was expressly stated in the simple re- codification of the Land Development Code by Ordinance No. 04 -41, which was effective October 18, 2004, in Section four thereof, that the re- codification did not act as the legal creation of "new" regulations or definitions. Rather, the prior existing regulations were .— intended to remain in effect as originally codified. Although appellant's factual assertions of when their boat canopies were erected has some weight, it can't be exactly determined when the appellants' boathouses were erected because they did not receive the required approval to do so (regardless of whether it was a CCPC- or BCC - required approval depending on the time the canopy was erected relative to the then effective regulation). Thus, there is no County record evidence they did so, nor did they obtain the also required building permit for this type of structure. County records indicate a building permit was applied for the appellants' boat dock and lift only in February, 1998, which was after the 1997 amendment to the Land Development Code referenced above. Therefore, the appellants' argument that the interpretation is not supported by competent substantial evidence is itself not supported by the County's records, as there appears to be just such evidence of when the underlying dock and lift structure were permitted, but nothing supporting a similar request or approval as to a boathouse "use" or corresponding building permit for their boat canopy, which must have been erected then or thereafter and not before. The appellants next contend that the interpretation is not supported by the Land Development Code, claiming that the use of the terms "structure" and "building" is vague and overly broad and could include the inclusion of structures such as docks and boatlifts to be included within the same definition. The appellants here simply fail to realize that the Land Development Code clearly identifies the differences between boathouses and docks by the simple inclusion of a distinct definition for docks and that, furthermore, the regulations clearly differentiate between required approval processes and development standards associated with a boat dock versus a boathouse. A fair reading of the LDC itself reflects that the County acted intentionally 4 Agenda Item No. 7A September 27, 2005 Page 5 of 88 and purposefully in creating clear distinctions between boathouses and docks and the regulations attached thereto when it adopted its Land Development Code. The appellants also claim the "new" definition of "boathouse" is vague and overly broad as a result of utilizing the words "any building or structure" to describe a boat house and then reach a somewhat self- serving conclusion that the reason for the interpretation is not to correctly and un- biasedly find the most definitive answer for "boat canopies," but its purpose is to find a means to ban them all together. The appellants' claim is outside the scope of the interpretation specifically because the appellant sidesteps the Director's analysis of the photograph as it relates to the definition of a structure as follows: "Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines .... " The Director's opinion clearly states that the boat dock structure and attached canopy fixture require a fixed location on or in the ground in order to provide permanent and fixed storage and support to the boat moored thereto. The canopy or roofed portion of the structure is attached to and supported by the dock facility. The appellants next claim the interpretation is attempting to stretch the current restrictions pertaining to boathouses to an area where Collier County has not previously attempted to clearly define and regulate boat canopies, and as a result, the County has not defined any legitimate public purpose for a total ban or prohibition on boat canopies or covers. -- Again, this claim is outside the scope of questions asked and response provided to the requested interpretation. The Land Development Code clearly defines the elements of a boathouse and regulations applicable to their "use" approval and establishment, including identifying specific development standards of permissible style and roofing materials. Whether the specific effect of these regulations would be to preclude appellants or others from obtaining the County required approvals and permits or not is speculative at best, as no such applications or approvals are of record either before or after the Interpretation was rendered. Numerous boat canopies are found throughout the unincorporated County, thus this assertion is without any basis in fact, and there is no such prohibitive County regulation as a matter of law. Lastly, absent an express intent to ban or prohibit all boat canopies, there would, of course, be no such statement of a public purpose, and appellants' claim in this regard is self - fulfilling and without merit. The appellants broadly claim the LDC is devoid of any standards, guidelines or qualifications specifically referring to the installation of boat canopies or covers and that the LDC does not provide landowner with notice that boat canopies are prohibited in any manner whatsoever. In response to these claims, the LDC definition of a boathouse or structure is not dependent on the type of roofing materials that may or may not be permissible by the Land Development Code or for that matter the Florida Building Code. The LDC clearly defines development standards for boathouse structures, including a specific requirement for permissible roof material types and colors. Although the appellants boat canopies may not be approvable under the provisions that are part of the subject interpretation, there is no factual evidence that they Agenda Item No. 7A September 27, 2005 Page 6 of 88 have sought or been denied any such approvals, thus, their claims would not appear to be within the proper scope of an interpretation or an appeal there from. In summary, in response to the two questions asked in the request for official interpretation, the Zoning Director opined that the canopy fixture depicted in the photograph meets the elements of the defined term of ``structure" and was further defined and regulated by the LDC as a boathouse. The Zoning Director further opined that in order to lawfully be able to obtain a building permit to construct a boathouse, LDC Section 5.03.06. requires that boathouses, including any roofed structure built on a dock such as the depicted "boat canopy," must first be reviewed and approved by the Planning Commission under the procedures and applicable criteria described therein. Prior similar Board Actions: On September 9, 2003, petitioners Robert Davy and Mark Allen brought a land use petition before the Board of County Commissioners requesting a 15 -foot variance from the required boathouse side yard setbacks of 15 feet to 0 feet and a 30 -foot variance from the 20 -foot maximum protrusion for a boathouse on non - conforming lots. This request was accompanied with a request for a variance in order for the applicant to have the ability to have a boathouse without a principal structure and a variance from the code requirement that the roof match the roof on the principal structure. The Land Development Code at that time, as it does now, requires that in order to construct a boathouse or dock, a principal structure (residence) must be constructed before or simultaneously with a boathouse or dock. Furthermore, the code at that time, as it does now, requires that the roof material of the boathouse must match the roof material and the color of the roof of the principal structure, or be of the palm frond chickee style. The applicants had an existing boathouse with a plastic canopy roof The Board of County Commissioners denied the variance request by a vote of 4 -1. The Board of County Commissioners denied the request citing among several reasons an expansion of rights beyond what the code presently allows for conforming lots through the granting of variances to development standards on non - conforming lots, including the roofing material of boathouses. (see attached minutes — exhibit G) Additionally, the Board of County Commissioners held a workshop on March 16, 2004, the topic of which was to discuss the possibility of prohibiting boathouses. This workshop was initiated in response to concerns raised by property owners in the Vanderbilt area. Their concerns related to boathouses and their impact on view, impact on property values caused by perceived degradation of view and aesthetics. Concerns were raised by public speakers about existing code violations in neighborhoods (illegal canvas boathouse roofs). Others spoke on the impact of the boathouse structure on their view. Michelle Arnold, Code Enforcement Director, gave an update on the illegal canvas boathouse covers and pending code enforcement action. No specific direction was given to staff regarding any potential changes to the Land Development Code to either ban boathouses or to change any existing development regulations. Agenda Item No. 7A September 27, 2005 Page 7 of 88 FISCAL IMPACT: None LEGAL CONSIDERATIONS: Pursuant to Section 10.02.02.(5) of the LDC, the Board of Zoning Appeals (BZA) shall hold an advertised public hearing on the appeal and shall consider the interpretation of the Zoning Director, and public testimony in light of the Growth Management Plan, the Future Land Use Map and the Land Development Code. The BZA shall adopt the Director's official interpretation, with or without modifications or conditions, or reject the interpretation. The BZA shall not be authorized to modify or reject the Director's interpretation unless the Board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the Growth Management Plan, the Future Land Use Map, or the Land Development Code. GROWTH MANAGEMENT PLAN IMPACT: It is staffs opinion that the official interpretation, as rendered by the Director, is not applicable to and therefore is not inconsistent with, the Growth Management Plan. .— RECOMMENDATION: That the official interpretation, INTP- 2005 -AR -7442, by the Director of the Department of Zoning and Land Development Review concerning the definition of a structure as it relates to a photograph of a canopy attached to a dock over a boat and boatlift/dock facility and how such structures are authorized as a permissible use or not by the Land Development Code, be found by motion, second and super- majority vote, consistent with the LDC as rendered, and thereby, be upheld by the BZA. Prepared by: Susan Murray 110^ Agenda Item No. 7A September 27, 2005 Page 8 of 88 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 7A Item Summary: This item continued from the September 13, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA- 2005 -AR -7658, Joseph C. Fuller, P.A., representing John and Teri Purvis and other affected property owners requesting an appeal to Official Interpretation INTP- 2005 -AR -7442 related to an internal official interpretation regarding the definition and operative provisions of certain LDC terms pertaining to "Boat Canopies. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning &Land Development Review 8/22/2005 9:59:13 AM Environmental Services Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning &Land Development Review 8/22/2005 9:59 AM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 8/22/2005 3:31 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 8/2312005 8:50 AM Environmental Services Environmental Services Admin. Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development& Community Development& 8/2512005 1:54 PM Environmental Services Environmental Services Admin. Approved By Patrick G. White Assistant County Attorney Date County Attorney County Attorney Office 8/2912005 3:59 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 8/30/2005 10:51 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 8/30/2005 1:52 PM Approved By Michael Smykowski Management & Budget Director Date Agenda Item No. 7A September 27. 2005 Page 9 of 88 County Manager's Office Office of Management & Budget 8131/2005 10:32 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/15/2005 3:11 PM Agenda Item No. 7A September 27, 2005 Page 10 of 88 ��D- TO: ' I 1 (+ Susan Murray, AICP, Director Zoning and Land Development Review Department FROM: Michelle Edwards Arnold, Director Code Enforcement Department CC: Joseph K. Schmitt, CD &ES Division Administrator Jennifer A. Belpedio, Assistant County Attorney Patrick G. White, Assistant County Attorney DATE: December 3, 2004 SUBJECT: Request for internal interpretation — Boat Canopy The Code Enforcement Department is investigating the existence of canopy fixtures erected over boat docks and boatlifts within unincorporated Collier County. The Building Official has confirmed that these fixtures are "structures" under his interpretation of the Florida Building Code, but I ask that you confirm this opinion with your interpretation of the definition of that term under the Land Development Code (LDC) (See LDC Section 1.08.02). Assuming that these fixtures are in fact structures, our Department needs to determine how such structures may be authorized as a permissible use, or not, under the LDC. I have attached a photograph depicting a typical structure for your review. Please advise as to your interpretation of how the LDC applies to these structures as a "use." Should you need any further clarification of this request, or need any additional information before you are able to render your interpretation, please advise. Your prompt attention to this request is greatly appreciated so that we may timely conclude our investigations. --D 'FR0002 - Image PrijIL Agenda Item No. 7A September 27, 2005 CD-Plus Report - Code Case Image Page 11 of 88 CODE CASE NUMBER IMAGE DESCRIPTION 2004041445 IMAGE DATE 12/3/2004 Collier County Printed on 8/24/2005 6:45:56 PM CD-Plus for Windows 95 /98/jqT Page 1 Agenda Item No. 7A September 27, 2005 Page 12 of 88 ZONING BOARD OF APPEALS FOR COLLIER COUNTY, FLORIDA REQUEST FOR APPEAL RE: 231NTP- 2005 -AR -7442 Dated: April 8, 2005 Publication Date (Naples Daily News): April 17, 2005 AUTHORITY This request for appeal is made pursuant to the provisions of § 10.02.02 (F)(5), of the Collier County Land Development Code (hereinafter referred to as the "LDC "). APPELLANTS This request for appeal is brought by JOHN PURVIS and TERI PURVIS, by and through their undersigned attorneys, and appeals that certain interpretation made by Susan Murray, AICP, Director, Collier County Department of Zoning and Land Development Review, which interpretation is entitled: "Re: INTP- 2005 -AR -7442 Request for Internal Interpretation Regarding Boat Canopies" (hereinafter referred to as the "interpretation "). The Appellants, JOHN PURVIS and TERI PURVIS, are property owners in Collier County, Florida, and bring this appeal for themselves and on behalf of a group of similarly situated property owners in Collier County, Florida, all of whom will suffer an adverse effect to their interests under the LDC by reason of the interpretation. A list of the affected property owners and their street addresses in Collier County, Florida, are attached hereto and incorporated by reference herein as Exhibit "A." Page 1 of 9 Agenda Item No. 7A September 27, 2005 Page 13 of 88 FACTUAL HISTORY The Appellants, JOHN PURVIS and TERI PURVIS, as well as all other affected property owners on the attached "Exhibit "A "( hereinafter collectively referred to as "Appellants "), own real property in zoned residential areas in Collier County, Florida, and all of whom have "boat canopies" or "boat covers" on their docks and/or boat lift facilities on such real property. The Appellants' boat canopies or covers were all installed and erected prior to the issuance and publication of the interpretation by Susan Murray, and the Appellants' boat canopies or covers were all installed prior to the adoption of the new provisions and definitions contained in the LDC, which did not become effective until October 18, 2004. The Appellants, JOHN PURVIS and TERI PURVIS, as well as the vast majority of the property owners listed on the attached Exhibit `B ", were issued citations during the Spring of 2004 by the Collier County Code Enforcement Department because of the boat canopies or covers. The citations ordered the Appellants to remove their boat canopies and all supports from their property on the basis that "such boat dock covers (canopies) are not a permitable structure in Collier County." A true and correct copy of one of the citations as an exemplar is attached hereto and incorporated herein by reference as Exhibit `B." The citations were predicated upon the LDC provisions as they then existed, and were issued prior to the adoption of the new provisions and definitions of the LDC which became effective October 18, 2004. The citations did not describe the boat canopies as "boathouses" and made no reference to any provisions of the LDC that prohibited boat canopies or covers. The interpretation by Susan Murray relies exclusively on the new provisions and definitions contained in the LDC, which did not become effective until October 18, 2004. Predicated upon the Page 2 of 9 Agenda Item No. 7A September 27, 2005 Page 14 of 88 interpretation rendered by Susan Murray that their boat canopies are boathouses, the Appellants will be subject to the issuance of new citations and enforcement efforts by Collier County Code Enforcement. BASIS OF APPEAL Appellants assert the following as a basis for their appeal: 1. The interpretation by Susan Murray is not supported by competent substantial evidence. 2. The interpretation by Susan Murray is not supported by the provisions of the Land Development Code. 3. The interpretation by Susan Murray is contrary to established rules governing the interpretation and construction of zoning regulations and ordinances. 4. The interpretation by Susan Murray, if attempted to be enforced by the Collier County Code Enforcement Department, would deprive the Appellants and the members of the group they represent of both substantive and procedural due process in violation of the Constitution of the State of Florida and of the Constitution of the United States. ARGUMENT A. The interpretation by Susan Murray is not supported by competent substantial evidence. In fact, the only factual matters contained in the interpretation are those that may be gleaned from a photograph, which Susan Murray describes as "a photograph of a canopy attached to a dock erected over a boat and boat lift -dock facility." Relying only on whatever factual matters could be gleaned from viewing the photograph, Susan Murray then renders an interpretation utilizing only the new provisions and definitions contained in the Collier County Land Development Code, Page 3 of 9 Agenda Item No. 7A September 27, 2005 Page 15 of 88 which became effective on October 18, 2004. The interpretation does not address when the canopy attached to the dock was first installed or erected. The interpretation does not address the provisions of the Collier County Land Development Code that were in existence at the time the boat canopy was first installed or erected on the landowners property. The interpretation relies on a new definition of "boathouse," which first became effective on October 18, 2004, and does not address what the definition of a boathouse may have been under the Land Development Code when the canopy depicted in the photograph was first installed or erected. Likewise, the interpretation does not address whether the LDC provisions in existence at the time of the installation of the boat canopy contained a definition for a "canopy." Finally, although the interpretation by Susan Murray refers to what is depicted in the photograph as a "canopy," the interpretation does not address whether there are any current provisions of the Land Development Code which specifically deal with a "canopy" in residential areas. It is axiomatic that the zoning regulations and ordinances in effect at the time the canopy was erected and installed govern the property owner's compliance and that new regulations cannot alter or effect a prior legal use. For instance, many of the Appellants were informed when their canopies were first installed that a permit was not required because the "canopy" was not a permanent structure. The provisions of the LDC then in existence contained a definition of canopy as "A permanent roof structure that does not project over public property, which may be freestanding, attached to a building, or supported in whole or in part by a building." ( See § 2.6.21. of the former LDC). The interpretation by Susan Murray fails to take into consideration any significant historical factual information that may have a bearing on the interpretation or its effect on property owners who have previously erected or installed boat canopies. In short, there are no significant factual matters Page 4 of 9 Agenda Item No. 7A September 27, 2005 Page 16 of 88 x relied on by Susan Murray in rendering the interpretation, but rather her interpretation lacks a factual basis to support it. The interpretation is rendered in a vacuum without any history. The owner of the real property whose "canopy" was depicted in the photograph was not given an opportunity to develop additional facts for consideration by Susan Murray before she rendered her interpretation. Moreover, the interpretation does not address how it affects the Appellants and other landowners who have previously installed or erected boat canopies to shade their boats from the elements of nature. The Appellants submit that without the factual history pertaining to the canopy depicted in the photograph, the interpretation by Susan Murray was rendered without any competent substantial evidence to support it. B. The interpretation is not supported by the Land Development Code. Susan Murray relies heavily upon the new definition of a "boathouse" under the LDC. She states in her interpretation that the terms "structure" and "building" are further utilized in the LDC's definition for a "boathouse" which is defined as "any building or structure, used for the storage of boats, watercraft, or equipment that is accessory to boats or watercraft." The interpretation then states that since a canopy is a structure that provides protection to a boat it is a "boathouse." Based on this interpretation, both a dock and boatlift would likewise be boathouses. Both are structures as defined in the LDC and both provide protection to a boat. The problem lies within the definition of "boathouse" under the new LDC, which is vague and overly broad as the result of utilizing the words "any building or structure" to describe aboathouse. This definition of "structure" is so broad it allows inclusion of structures such as docks and boatlifts to be included within the definition of a boathouse, although clearly such structures are not boathouses. The same is true of a boat canopy that simply shades the boat from the elements. Page 5 of 9 Agenda Item No. 7A September 27, 2005 Page 17 of 88 A more accurate definition of a boat canopy as a type of structure is contained in the LDC provision entitled "Canopy Tents and Shades," § 5.03.01( A)(6), which simply states that, "These structures shall consist of metal pole supports with canopy tops and no sides... ". This provision is more closely analogous and allows the permitting of canopies for the storage of vehicles authorized in residential areas or as a sunshade for outdoor recreating. Although "vehicle" is not defined in the LDC, Webster's dictionary defines the word as "carriage, conveyance..means of transporting something." A boat is certainly a vehicle under the common meaning of the term and as defined in Websters. This is further supported by the fact that boats are considered vehicles for the purpose of registration in Florida. The interpretation by Susan Murray fails to even mention the code provision dealing with "Canopy Tents and Shades," which was also contained in the prior LDC as § 2.6.2.4. It is hard to imagine why the interpretation attempts to fit a square peg into a round hole when a clearer more definite LDC provision on the subject is available. The answer lies on the second page of the interpretation, which points out that "the roofing material and roof color of a boathouse shall be the same as the materials and colors used in the principal structure." Because boat canopies are made of canvas and/or vinyl material, they would not be able to meet the roofing material requirements of a boathouse, and would therefore be totally prohibited. Thus, the reason for the interpretation is not to correctly and unbiasedly find the most definitive answer for "boat canopies," but it's purpose is to find a means to ban them altogether. C. The interpretation by Susan Murray is contrary to established rules governing the interpretation and construction of zoning regulations and ordinances. The basic problem with the interpretation by Susan Murray emanates from the fact that Collier County has not previously Page 6 of 9 Agenda Item No, 7A September 27, 2005 Page 18 of 88 attempted to regulate boat canopies or covers. In short, Susan Murray's interpretation is attempting to stretch its current restrictions pertaining to boathouses to cover an area of private - property usage that was not previously contemplated by the Land Development Code. Collier County has not previously attempted to clearly define and regulate boat canopies and, as a result, Collier County has not defined any legitimate public purpose for a total ban or prohibition on boat canopies or covers. Consequently, the interpretation by Susan Murray, in addition to defying logic, is not supported by competent substantial evidence of any legitimate public purpose for such a ban. The starting point in any case dealing with an interpretation of land use or zoning ordinances is the proposition that a land owner has constitutionally protected property rights, and a local government must plainly state the limitations on the free use of property in order for the use to be prohibited. In other words, land use ordinances are contrary to common law and the constitutional right to possess and use property, and such regulations should be strictly construed against the local government and in favor of the property owner. Rinker Materials Coro v City of North Miami, 286 So.2d 552 (FIa. 1973). The interpretation by Susan Murray attempts to give a broad definition to the term "boathouse" in order to include within its definition a "boat canopy" so as to ban their use. It is clear that under a strict construction of the boathouse provisions contained in the LDC there is no plainly stated ban on the use of canopies. Moreover, the provisions must be interpreted in favor of the property owner especially in light of the fact that the LDC specifically allows canopies to shade vehicles and for recreation in residential areas. It makes no sense, in fact it is clearly absurd to suggest, that a "canopy" under the LDC provisions used for shading a recreational vehicle in a property owner's backyard, would somehow magically would no longer be a "canopy" but would become a "boathouse" if it was moved to a boat lift and used to shade a boat. Page 7 of 9 Agenda Item No, 7A September 27, 2005 Page 19 of 88 D. The interpretation by Susan Murray, if enforced by Collier County Code Enforcement as disallowing the Appellants' boat canopies, would deprive the Appellants of both procedural and substantive due process. As mentioned earlier, the Collier County Land Development Code is devoid of any standards, guide lines or qualifications specifically referring to the installation of boat canopies or covers. The LDC does not provide landowners with notice that boat canopies are prohibited in any manner whatsoever. This leaves the attempted regulation and enforcement of any alleged restrictions to the arbitrary whim and caprice of code enforcement and administrative officials of Collier County, and the politicians who direct them, depending on which way the political wind may be blowing at any given moment. The Florida courts have been consistent in declaring this type of arbitrary and unreasonable enforcement void for uncertainty and invalid as an excessive exercise of power. The substantive due process rights of the Appellants also would be violated because Collier County has failed to provide any basis for banning boat canopies on the basis of the public health, morals, safety and welfare. This is especially true in light of the fact that the LDC allows both boathouses and canopies in residential areas of Collier County. CONCLUSION For the reasons set forth previously, the Board of Zoning Appeals should reject the interpretation of Susan Murray as not supported by competent substantial evidence and as being in violation of the Appellants' rights to due process as property owners in Collier County. Page 8 of 9 Agenda Item No. 7A September 27, 2005 Page 20 of 88 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the above and foregoing Request for Appeal has been delivered via Hand Delivery to SUSAN MURRAY, AICP, DIRECTOR, Collier County Government, Community Development and Environmental Services Division, Department of Zoning and Land Development Review, 2800 N. Horseshoe Drive, Naples, Florida 34104 on this I r day of May, 2005. Request for Appeal Dated 5/17/05 RE: 23INTP- 2005 -AR -7442 Dated: April 8, 2005 Publication Date (Naples Daily News): April 17, 2005 JOSEPH C. FULLER, P.A. Attorneys for Plaintiff Post Office Box 61407 Fort Myers, Florida 3390 1407 (239) 939 -2789 (239) 277,-902�fi fax Ln and ;. Fuller No.: 0264571 Terrence F. Lenick, Esquire Fla. Bar No.: 274771 TERRENCE F. LENICK, P.A. Attorneys for Plaintiff Post Office Box 430 Bonita Springs, Florida 34133 (239) 948 -3900 Page 9 of 9 COLLIER COUNTY BOAT OWNER ASSOC. MEMBERSHIP ROSTER 1. DONALD & CYNTHIA AVELLINO 343 LAGOON AVE. NAPLES, FL 34108 2. ROBERT & MARTHA BANFIELD 25 BLUEBILL AVE. #903A NAPLES, FL 34108 3. RALPH R. BELLON 180 EGRET AVENUE NAPLES, FL 34108 4. ARTHUR "MIKE" BREDENBECK 487 EGRET AVENUE NAPLES, FL 34108 5. MIKE & MARY CEFARETTI 489 HERRON AVENUE NAPLES, FL 34108 6. RICHARD & BEVERLY CLARK 257 EGRET AVENUE NAPLES, FL 34108 7. FRANK J. DETTORE 25 BLUEBILL AVE. #1105 NAPLES, FL 34108 8. JAMES E. HEARNS 339 HERRON AVENUE NAPLES, FL 34108 9. HIGHCLIFF DEVELOPMENT CORP. 373 EGRET AVENUE NAPLES, FL 34108 10. RICHARD JAKLITCH 293 3rd STREET BONITA SPRINGS, FL 33940 EXHIBff N Agenda Item No. 7A September 27, 2005 Page 21 of 88 Agenda Item No. 7A September 27, 2005 Page 22 of 88 11. LOUIS T. KNOUSE 25 BLUEBILL AVE. #A302 NAPLES, FL 34108 12. JOHN & NORMA MACCHIA 128 FLAMINGO AVENUE NAPLES, FL 34108 13. WILLIAM & SHIRLEY MARTIN 204 CONNERS AVENUE NAPLES, FL 34108 14. HAROLD MATTHEWS 178 CONNERS AVENUE NAPLES, FL 34108 15. DENNIS D. MURK 21 BLUEBILL AVE GULF BREEZE CONDO BLDG B NAPLES, FL 34108 16. JAMES & JEANINE NOVELLO 330 TRADEWINDS AVE. NAPLES, FL 34108 17. RICK PALAZZO 419 EGRET AVENUE NAPLES, FL 34108 18. H. JACK & BARBARA PAUL 307 HERON AVENUE NAPLES, FL 34108 19. KATHERINE PICKLE 175 FLAMINGO AVENUE NAPLES, FL 34108 20. FRED J. PLENGE 295 3`d STREET BONITA SPRINGS, FL 34134 21. JOHN PURVIS 361 TRADEWINDS AVENUE NAPLES, FL 34108 Agenda Item No, 7A September 27, 2005 Page 23 of 88 22. LYLE & DARLENE ROCHOU 238 FLAMINGO AVENUE NAPLES, FL 34108 23. ROB & JUDY ROY 431 EGRET AVENUE NAPLES, FL 34108 24. BARBARA SWEANY 419 EGRET AVENUE NAPLES, FL 34108. 25. TOM & CHRISS WILLIAMS 380 FLAMINGO AVENUE NAPLES, FL, 34108 26. JAMES & JOAN VOYLES 33 BLUEBILL AVE. #503 NAPLES, FL 34108 27. GENE & NANCY ZILAVY 480 FLAMINGO AVE. NAPLES, FL 34108 28. MARK O. ALLEN 267 Lot 12 Third St. West BONITA SPRIINGS, FL 34134 29. BOB DAVY 267 Lot 20 Third St. West BONITA SPRINGS, FL 34134 enjda IteWO M "' 00 Case �r 27. 2005 COLLIER COUNTY CODE ENFORCEMENT Page 24 of 88 NOTICE OF VIOLATION AND ORDER TO CORRECT 4c3 � y Date: 1 /J./ d kA Investigator ,Nti� Phone: 239 - Zoning Dist rs' - See T.p R g ) � Legal: Subdivision � Block Mailing � Book 4 �4 Page _ Location: Folio OR Vq✓P� � Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 92 -80 and 97 -35, as amended, you are notified that a violation(sj of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ord No. 91 -102, as amended Section 2.7.6.1 Land alteration permits Ord No. 91 -102 as amended Section 2.7.6.5 Improvements prior to issuance of permits ORDER TO CORRECT VIOLATION(S) You are directed by this Notice to take the following corrective action(s) Must remove the canoov (roof) and all sumaorts from the noted boat dock. Such boat_ dock covers (canopies) are not a permitable structure in Collier County. ON OR BEFORE: a 7 b 2004 Failure to correct violations may result in: DESCRIPTION OF CONDITIONS CONSTITUTING THE 1) Mandatory notice to appear in court or issuance of a VIOLATION(S). citation that may result in fines up to $500 and costs -- of prosecution. OR Supervisor Shawn Luedtke Did Witness: On 2004, the following violation at the above n ted location in a residentially zoned area: A structure in the form of a boat canopy (roof) made of plasticicanvas type material installed over a boat dock without first obtainine a building permit for the same structure. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR 2800 No. Horseshoe Dr. Naples, FL 34104 (239) - Fax: (239) 403 -2343 Investigator signature C VIOLATION STATUS: MInitial (]Recurring ORepeat 2) Code Enforcement Board review that may result in fines up to $250 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ❑Personal Service []Certified Mail costing of Property []Fax ❑Mail Signature and Title of Recipient Print It Dated this ewi�r• s Notice of Violation (lrivinal +- F:1. - - -- ^ day of , 20 f( � Agenda Item No. 7A September 27, 2005 Page 25 of 88 BOATHOUSE MEETING CURRENT CODE: ROOF MATCHES ROOF OF HOUSE (VANDERBILT BEACH AREA) Agenda Item No. 7A September 27, 2005 Page 26 of 88 ILLEGAL CANVAS ROOF BOATHOUSE; NO BUILDING PERMIT, NO PLANNING APPROVAL (VANDERBILT) Agenda Item No. 7A September 27; 2005 Page 27 of 88 BOATHOUSE MEETING CURRENT CODE: ROOF MATCHES ROOF OF HOUSE (VANDERBILT BEACH AREA) Agenda Item No. 7A September 27, 2005 Page 28 of 88 CHAPTER 5 SUPPLEMENTAL STANDARDS 5.01.00 Generally 5.02.00 Home Occupations 5.02.01 Applicability 5.02.02 Allowable Home Occupation Uses 5.02.03 Standards 5.03.00 Accessory Uses and Structures 5.03.01 Canopy Tents and Shades 5.03.02 Fences and Walls 5.03.03 Guesthouses 5.03.04 Dumpsters 5.03.05 Caretaker Residences 5.03.06 Dock Facilities 5.04.00 Temporary Uses and Structures 5.04.01 Generally (To Be Provided) 5.04.02 Interim Agricultural Uses 5.04.03 Temporary Uses during Construction 5.04.04 Model Homes and Model Sales Centers 5.04.05 Temporary Events 5.04.06 Annual Beach Events Permit 5.05.00 Supplemental Standards for Specific Uses 5.05.01 Businesses Serving Alcoholic Beverages 5.05.02 Marinas 5.05.03 Farm Labor Housing 5.05.04 Group Housing 5.05.05 Automobile Service Stations 5.05.06 Private Airports 5.05.07 Townhouse Development 5.05.08 Architectural Standards for Commercial Buildings and Projects 5.05.09 Communications Towers 5.05. 10 Travel Trailer and Recreational Vehicle Park Design Standards 5.05.11 Carwashes Abutting Residential Zoning Districts 5.06.00 Signs 5.06.01 Generally 5.06.02 Signs Exempt from These Regulations 5.06.03 Prohibited Signs 5.06.04 Permitted Signs 5.06.05 Development Standards for Signs 5.06.06 Sign Standards for Specific Situations 5.01.00 GENERALLY[Reserved] Agenda Item No. 7A September 27, 2005 Page 29 of 88 ACCESSORY USES AND STRUCTURES 5.03.01 CanODV Tents and Shades A. Canopy tents and shades shall be permitted in all areas zoned for residential and estates use, subject to the following standards. 1. The canopy tent shall meet the side and rear setbacks for the applicable zoning district. 2. These structures are expressly prohibited on the street side of the front wall of any structure or building. 3. A building permit shall be obtained for these structures and shall be accompanied by a plot plan. 4. Only one (1) structure shall be permitted per residential lot. 5. A principal structure shall be in place on the lot prior to permitting a canopy tent. 6. These structures shall consist of metal pole supports with canopy tops and no sides. 7. The maximum size of these structures shall be 300 square feet 8. The canopy structure shall not exceed fifteen (15) feet in height. 9. The use of these structures shall be for the storage or parking of recreational vehicles, vehicles authorized in residential areas, or as a sun shade for outdoor recreating. At no time shall these structures be used for any other type of storage. 10. The canopy tent shall not be permitted with electrical or other utility connections. Exhibit D -1 Agenda Item No. 7A September 27, 2005 Cj RTC- Page 30 of 88 2.6.11.2.2. x.6.11.2.4. 2.6.11.3. Agricultural districts. For the purposes of this section, agricultural districts shall include: A agricultural; E estates; and CON conservation districts. Fences and walls within agricultural districts shall be exempt from height and type of construction reaui, cements lose am ft . w4we land as map of Ow glevvill Immgmisal plain altall b--! subjea to the Sec. 2.6.21. Dock facilities 2.6.21.1. Individual or multiple private docks, including mooring pilings, davits, lifts and the like are permitted to serve the residents of a development on canal or waterway lots, provided they do not protrude more than the respective distances specified in sections 2.6.21.2, and 2.6.21.3, for such canal or waterway. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access by users for routine maintenance and use while minimally impacting the navigability of the waterway, the native marine habitat, manatees, and the use and view of the waterway by surrounding property owners. Permitted dock facility protrusions as well as extension of dock facilities are measured from the property line, bulkhead line, shoreline, seawall, rip-mp line, or Mean High Water line, whichever is more restrictive. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures. Boathouses and dock facilities proposed on residentially zoned properties as defined in section 2.1.4 of this Code, shall be considered an accessory use or structure Boathouses shall be required to be approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4. In gddition any covered structure erected on a private boat dock slWl also be considered an mom use, and shall also be required to_bg, Runt d t~rouah tho pnraiures and criteria of section .6 21.3 and 2.6.21.4. of this code. me Aelly zoned pmperfies as defined in 040066ft 2-1,14 GFIhis $0016, Words awmelp ihrough are deleted, words underlined are added. 61 Agenda Item No, 7A September 27, 2005 Page 31 of 88 M64 GO VMll 6&4119 eeda . Sec. 2.6.2& Automobile Service Stations. a stFUSIUMS. e prehibitail above gas Famps, d Vomited 19 % lOW of few (4) aiiiien foot in Sec. 2.6.33. Temporary use permits. 2.6.33.3. Temporary construction and development permits. During the construction of any development for which at least a preliminary development order has been granted, as required below, the developer may request a temporary use permit for the below - listed activities. The temporary use permit shall be granted initially for a period not to exceed 24 months in length and may be renewed annually based upon demonstration of need. A request for renewal shall be submitted to the site development review director in writing 30 days prior to the expiration of the temporary use permit. Temporary construction and development permits shall be allowed for the following uses: 1. Temporary offices to be used for construction, and administrative functions within the development. Owkwe; of pmpom- is 2. 19myouiry adm ye offices to be und in conlungdon with bona fide amicultmal use in e a iguhurnl anino district when located in the arcA desio!n is g 'cultural on the i urc land Lae man of the future land use element of the Col or C ounty erowt_h_ management 3. on -site storage of equipmeM and construction Materials for use on the development site only. Words atwwladw sugA arc dekted, wadi undgrjifed are added. 62 o?�-U. No �unE, q-1 -Z.b 4 , Igc)-7 Page 32 See. 2.6.21. 2.6.21.1. Individual or multiple private docks, including mooring pilings, davits, lifiS, and the like am permitted to Savo the residents of a development on canal or waterway lots, provided they do not protrude more that tha respective distances specified in sections 2.6.21.2. and 2.6. 213. for such canal or waterway. Docks and tM • like mra pdrnaft Wended to adp{"dy &=ere meored vend a and i1royide care scuds@ by users for routine �naiMM and use whi le mini ally IMadjog the insvi,gibilify of the wsterrvsv_ the native mgrieet habitat rnanalgi md� use end of the waterway b)f surroin+ding mmqerty owners. Permitted dock facility protrusions " well u extension of dock facilities are measured from the property litre, bulkhead line, shoreline, Sewall. rip-rap line. or Mears High Water line, whichever is more restrictive. nom.: itt rineipal n_= however a dock shall not, in snv ways constitute Who or structure which Remits. mmrires. ar,d/ar provides for my tenses End nr strueh M A441WWa{ 2 $I-29b1ppeirali . ission, Bush appeal shag be filed with the have OW OPPASAN rem ad rook In selds" 11 616 SAW Smile —Reber boathouses am dock fat➢llities proposed on residentially zoned properties as defined in @action 2.1.14 of this code. Shall be shall be Maired to be WpmrW,jbrqugb the pMaW= and criteria in section 2.6.213_ and 2.6.41.4. Rt mw- �Dr �q�uir. ttv>1a use lw* sod .. 2.6.21.2. a.y For lots on a canal or waterway that is 100 feet or greater in wift no lmatbot L dock faeilitylboat combination doll protrude ttuoro thm 20 feet into the waterway (i.e. the total protrusion of the dock bellity plus tlw total protrumon of dw moored vessel). 2-6-21-2-2- For lots on a canal or waterway that b less dm 100 feet is widdt, dock bellities may exten L"*ude not greater than five foot into said canal or waterway. No deck estenien shall be wed to allow • dock War& swadw osso we dekerd, wads sadedload are added. Pais 54 OSrltIN7 Agenda Item September 2 Page ode of tt,e ewes) to be j fed whichow is mere 2,6rii.41 2.6.213,3. For lots on a canal or waterway that is kas than 70 fed in width. the dock facility anctuietl procedure identified In section, dam 2.6.21,3. is not available (I.e.. such We an limited to a fire -foot dock facility). • ;s.6�i.i,r 2.6.213.4- All dock facilities on W with water or of 60 fed or Fester shall have a aide setback requitanent or 1 S fat, exeapt as nmrided in 42SCH ns 2 All 2 er 2-6-21A r r exempted below. All dock facilities oilllQlitiCil on rob with law don 60 fat of water ftutstage slab have a ado sdbw k regnitewAM of 7 V, fed. All dock fiaitiaj==LjtpdWZW on lots at On Md or dde WA of a canal or waterway shad bave a side setback rogtrirenteat of 7 % feet as masared f m the aide lot tine or riparian line, whichever is appropriate. For ptaposa of this section, riparian line shall be defined a: a line extending from the corner of an end lot and side end lot into the canal or wsterway bisecting equidistantly the angle created by the two intersecting lots. (See exhibit A.) MYNA r , 2.6313.5. , An dock facilities, regardless of leagth/peot:osion, sban have reflectors and home mimbe a four inches size irubned d the at»arnost sad. on both sides For nitrltifamily developments, the bouse mhmber raph event is waived. i1,6,2t r74 2A7 11-6- All dock facilities are subject W. and align comply wid16 an federal and auto requirements rd permits, inchlding but W limited m the T gWremcuts and pemsits of the Florida department of=Amw=W reselatisa protocdon, sloe U.S. Army corps of Engineers, and the U.S. Environmental protection Agency. 2,6121,9 2.6.21.2.2 Pr»tertloa atj(nisghaars Lads Wlhere chew docking facilities are proposed or boat dock extensions, the location std pt==cc ofse Wm a se Wm beds within 200 fat of=y proposed dock facility srieWrswe shall be identified on an saW photograph having a seal@ of ono inch to 200 feet wbai available 5om ow coorlty, or a scale of one inch to 400 fat wbm sock photographs as vet aysibble from the cottoty. The location of sagrsss beds than be verified by a As visit by the alte development nview director or Ms designee prior to balance aft" project approval or permit. • +l+6eiif,Erb x�-- -= =2=-1 Ail proposed dock fidlities shall be located and aligned to stay at lame tan feet from sty existing sesgra s bolt„ except wbe e a contilmow bed of teagrasaes exfsb ofisite shore of the ptopaty and adjaoeat to de property, and to m{ahnita negative impacts to sesgraaes and other anti" shaselin% wivergmtt and submersed vegetation and hand bottan eoanmunioes. War& v&wb4 wv* w ddM 4 w u =jzftduw~ Pop SS OSMM Agenda Item t September 27 Page 3, CAM off the shore of the 2.b.Zl.7.i� Where s ooemtismoaps bed of snip end adjseenl to the property the a pp1'rcenl don be allowed to build a dock scrota do sapgrases. er a docking fadiity within ten feet of sesgmim Such bselhweesrbeM shskerer+t docking &dlitles shill cotaply with the following conditioner: 1. Thebesdwftm befAdolwodockshollbestabeightofat least 3.5 foot NOVD. 2. Tha terming phtforpn of the dock shad not w woo0160 square feat. 3. The aocw dock shad not VMW s width of four foes. 4. Mw s cess dock and terminal platform shell be shod to impact the smallest area of seagrasaes possibk. ;h6+�i+1•r1+ 1 R 71 : l Whether or not t the nurnber of dock fadiitia .to be bated an ttms subject properly in relation to the length of wderArunt preparty svailsbls for the bestioo of the pcv2W& dock hdl dc& iii1„1+0. Vlhem,ar er ant time water depth wbare d o oMPOOdAo& hcMty is to be basted 16s amigsbls mhonssl. Agenda Item No. 7A September 2� Page 3 l J L Agenda Item N September 27, Page 36 accomplish the p utposes of this code and pxoted the afdy and reel fare of the public. Such conditions may include, but du di not be limited to, greater side setbaekK provision of ligbt(s). additional retlecta% or mfi x -ens larger tiwt font iocices. and prohibiting or pemRitting mooring on the outside of the dock Wlity. � +l H. �,• II Ht nl 1 .,y . 1 - f.�l ^li X11 .I T1 6 TT 4 1 i 11 1 �. I1�1 11,1 1 11 .• '111 1111 1 1 1. 1 . I.M 1 11, EMI 11^ I III. 11 11111.. 1 1\ 2.6.26. Groea bey :t.w 2.6126.1. General $ " All group housing mum= shall meet the following requirements specified fa each type of suudwc 1. Site development plan (SDP) approval in eonformancO with division 3.3 (with the exception of a family are fadlityl 2. All applicable state and county building and firs code standards. 3. All applicable state and county licensing requircmaft 2.616.1.1. Fam11y cans fadlity. A family care fadlity shall be heated as a tingle dwelling unit for the pmpose of determining applicable development standards and. therefore, shall conform to due standards identified for a single-family dwelling unit or mobile home in the zoning district n dpod to the property, as well a other applicable standards found in the zoning code. However, a now fancily care facility shall not be located within a radius of 1,000 feet of another existing family care bcility. 2.6.26.1.1 Group care adk (categorp I and aft ay 4L A group era facility shall be governed by the development standarda Identified In the zoning district assigned to the property and the following standards; I . a inhnum habitable floor loor arts Wordy sawk *A 9W0 era dsk%PL weak 110110iard are added. Pass 38 Agenda Item No. 7A September 27, Page 37 Division 6.3. Definitions, of Ordinance 91- 102, as arttendad, the Collier County Land Development Code, is hereby amended to read as follows: DMSION 6.3. DIERNMONS dta:►'d ►Mng Eddft(ALM! Any buiiding(s). section of a building, distinct part of a building, residence. private hone, boarding home, or other place. whether operated for profit or mot. which undertakes through its ownership or management to provide for a period exceeding 24 bons. housing, food service, and one or more personal services for four of more sdul% not tdated to the owner a administrator by blood or marriage, who require such services and to provide limited musing services. when specifically licensed to do so pursuant to F. S.1 400.407. The facility shall be licensed and approved as such by Florida department of health and rebobilitative services. A facility offering personal services or limited nursing services for fewer than four adults is within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment which regularly provides such services. Beet - shelter: A roof Boathoum privatr. - An- -AmdaL #"=my use to a residential structure(s), adjacent to a waterway, o_= on all sides and paVdding 're4iding p11e11 FiF111110 lis best- and accessories customary thereto. A private boathouse may not be used for the purpose of human habitation. (Sex section 2.6.21.) Can unit: A residential treatment facility, why. compensation (if applicable). persona under are receive food, lodging and some form of on -site therapeutic care on a daily basis. This type of care my involve psychiatric. psychologicat med'ieal, physiological therapies, behavior modifiestiot and other such services. This type of facility shall contain IS or more persons under cute,, plus resident supervisors as required by subsection 10A- 5.019. Florida Administrative Code. and shall permit all of the list of rises as permitted by group care facilities (Category I and Category 11), (i.ea. Ais"Mul ssaisted living facilities: foster care facilities; facilities for aged persons, developmeartally disabled persona (as defined in F. S. 4 393.063(1 IN as amended). physically disabled or handicapped persons (as defined in F. S. 76022(7)(4 as came dedk crisis and attention care; displaced adult care; homeless shelters; mental and emotional halth cme; offender hallway houses; spouse abuse care: substance abuse care; and youth shelters). (Sec section 2.624 -- ' Dock facility. Any atrneture constricted in or over a waterway for the pmoa.purpose of mooring a boat. This includes docks. WBMMM $dim mooring pilings. }gst1auuped the h'ka Group horsing unit: A roan or rooters connected together, constituting a separate. independent housekeeping establishment and physically separated fiom any other mortis or group ho"W units, which may be in the xeme structure, with or without complete kkeben fiaeititia, and containing sleeping facilities and sanitary facilities. A group housing unit is applicable to the following "a of s<ruoturev family care heilities, group care theilities (categoey i and W.& wWWW saei are ddeaed, wards apdcftd an added. Page 65 Agenda Item No. 7A September 27 Page 3 following types of sduchm family care Ncilhics, poup care facilities (aegpy t and ateM lt), care unite„ and nwWns hone. (See section L6.26). Nkmles hom•i, ma home or wamded ogre /a ft Sea 640LJ9 ar.bted thdag facfft tAL10- SECTION FOUR: CONFLICT AND SEVERADMITY In the evert this Ordinance conflicts with any other Ordinance of Collier County and other applicable • law, the more restrictive shall apply. If any phrase of portico of the Ordinance b hdd invalid or unoonstiM6011 it by army coat ofcxnnpetent jeridietio% gab portion dull bed, 1 A s separate, distinct and independent provision and such holding shell not affect the validity of the remaitilag portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a put of the Land Development Code of Collier County, Florida. The sections of the Ordinance maybe renumbered or relettered to accornpliab such, and the word "ordinance" maybe changed to "section ", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATE 0 This Ordinance shall become effective upon filing with do Department of State. PASSED AND DULY ADOPTED by the Board of Comity Commissioners of Collis County. Flodds, this A�BC_ day of s_� 1997. :• , ► • . •• •• • . y,rlt:.41 ATyyJ�T.ssp�EST: . �,: J/I , ��•��((1y�y•�/`'• •.•� !t�• • •tom. D a AL Fit , RK APPROVED AS TO FORM AND LEGAL SUFFICIENCY ARJ RIE M. STUD ASSISTANT COUNTY ATTORNEY 03/29/97 This ononomw filed •rift► " seeterory of Swe'a HM* the dole of t and ockno+• o! Thor fllin0 oceh'ed this Ali* dal► of Wofd•aMea4.*mO we 66 04 Wdr saidadjad eo added. Pap 66 Agenda Item No. 7A September 27, 2005 GENERAL PROVISIONS Page 39 of 88 1,Q8 0 Auxiliary facility: The spaces located at educational plants which are not designed for student occupation stations. Average daily trips A weighted average of the number of vehicle trips or trip ends per unit of independent variable (e.g. trip ends per occupied dwelling unit or employee) using a site's driveway(s). The weighted average rate is calculated by summing all trips or trip ends and all independent trip variable units where paired data are available, and then dividing the sum of the trip ends by the sum of the independent variable units. Base flood elevation: A flood elevation having a one percent chance of being equaled or exceeded in any given year. Beach: The zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. Berm: A mound of earth to provide screening or buffering between uses. Bike lane: A portion of a roadway which has been designed, constructed, and designated by signing and pavement markings in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" requirements. Block. A parcel or parcels of land bounded by public streets (other than alleys), public land, a water body, or physical barrier. Also, the land fronting a street between intersecting streets. See Figure 2. !� Boatet A facility offering transient lodging accommodations normally on a daily rate for boat travelers. These accommodations include wet boat slips, where guests may or may not steep on their boat. Boathouse: A building or structure used for the storage of boats, watercraft, or equipment that is accessory to boats or watercraft. Bonus credit: A unit representing the right to increase the density or intensity of development within a Rural Village to an extent equal to that achieved through TDR Credits, up to the minimum required density. [sec. 2.03.08 A.2.b.(3)(b)] Breakaway wait A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundations system. Buffer (also, landscape buffer): Land or a combination of land and vegetation for the separation of one (1) use from another and the alleviation of adverse effects of one (1) use to another. Building. Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of persons, animal, chattel, or property of any kind. Building, actual height of. The vertical distance from the average centerline elevation of the adjacent roadways to the highest structure or appurtenances without the exclusions of section 4.02.01. Building, zoned height of. The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 4.02.01, Exclusions from height limits, and off - street parking within a building.) supp. No. 1 LDC1:13 Agenda Item No. 7A September 27, 2005 Page 40 of 88 Div. 6.3 COLLIER COUNTY LAND DEVELOPMENT CODE including, but not limited to, rental of covered or uncovered boat slips or dock space or enclosed dry storage space or marine railways or lifting or launching services, and for dredge or barge dockage and storage. Boatel: A facility offering transient lodging accommodations normally on a daily rate for boat travelers. These accommodations include wet boat slips, where guests may or may not sleep on their boat, that are normally combined with a hotel/motel and its accessory uses, such as a restaurant. Boathouse, commercial. • A building where boats are housed, launched, hauled, repaired, serviced, maintained or stored. Boathouse, private: A roofed, accessory use to a residential structure(s) adjacent to a waterway, open on all sides and providing covered protection to a boat and accessories customary thereto. A private boathouse may not be used for the purpose of human habitation. (See section 2.6.21.) Bottle club: A private establishment where patrons may purchase bottles of liquor or bring their own and keep them for consumption after legal closing hours. Buildable area: The portion of a lot or parcel remaining after required yards have been provided. Buildings may be placed in any part of the buildable area, but limitations on the Percentage of the lot that may be covered by buildings may require open space within the buildable area. Building: Any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This definition shall include tents, awnings, cabanas, or vehicles situated on private property and serving in any way the fumction of a building, but does not include screened enclosures not having a roof impervious to weather. Building facade: That portion of any exterior elevation of a building extending from finished grade to the top of the parapet wall or eaves and extends the entire width of the building elevation. Building, height of The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 2.6.3, Exclusions from height limits, and off - street parking within a building [section 2.6.3.2].) Required minimum floor elevations shall be in conformance with the Collier County Building Construction Supp. No_ 16 LDC6:10.2 Agenda item No. 7A September 27, 2005 Page 41 of 88 September 9, 2003 MR. MACKEY: Commissioner, might I respond to the transportation part? CHAIRMAN HENNING: No, sir. We have a time certain at 10:00, or no later than 10:00? MR. MUDD: No, it's after 10:00, Commissioner. And I figured that you'd get through 7(A) and 7(B) before we handled that item, but we'd get it finished before lunch. CHAIRMAN HENNING: You want to go to 7(A) and 7(B)? MR. MUDD: Yes, sir. Item #7A PETITION VA- 2002 -AR -2525 ROBERT DAVY AND MARK ALLEN, REPRESENTING LITTLE HICKORY SHORES UNIT 3 RE -PLAT PROPERTY OWNERS, REQUESTING A 15FOOT VARIANCE FROM THE REQUIRED BOATHOUSE SIDE YARD SETBACKS OF 15 FEET TO 0 FEET AND A 30 -FOOT VARIANCE FROM THE 20 -FOOT MAXIMUM PROTRUSION FOR A BOATHOUSE TO A MAXIMUM OF 50 FEET, FOR PROPERTY LOCATED IN THE HICKORY SHORES SUBDIVISION, LOTS 1,2,3,4,5,9,10 ,11,12,13,14,15,16,17,18,19,20 AND 22 DE -WED CHAIRMAN HENNING: Okay. Anybody have a problem with that? 7(A) is the continuation of the July 22nd, BCC meeting. This item is -- requests all parties to be sworn in by the court reporter, and for the Commissioners to give any ex parte communication. This is the variance of 2002 -AR -2525, Robert Davy and Mark Allen, representing Little Hickory Shores, Unit 3, re -plat property owners, requesting a 15 -foot variance from the required -- for the required boathouse side yard setbacks of 15 feet to zero, and a 30 -foot variance from the 20 -foot minimum protrusion of the Page 32 Agenda Item No. 7A September 27, 2005 Page 42 of 88 September 9, 2003 boathouse and the maximum of 50 feet for the property located on Hickory Shores subdivision. And lots 1 through 20 and 22, Block G. lots through -- 3 through 9 and 10, Block H, Section 5, Township 48, Range 25 east, of Collier County. Any participants wishing to -- any people here wishing to participate in this exercise, please rise and the court reporter will swear you in. (All parties were duly sworn.) CHAIRMAN HENNING: Commissioner Coletta, do you have any ex parte communication in this matter? COMMISSIONER COLETTA: Yes, I do. I met with Tony Pires and also with Rich Yovanovich on 7/28 and 9/28 (sic). And I had correspondence from a Mrs. Walls and a Patricia Stark. CHAIRMAN HENNING: Okay. Commissioner Coyle? COMMISSIONER COYLE: I met with Mr. Yovanovich, a representative of the petitioners yesterday, and I have received correspondence from supporters and opponents of this particular petition, and that correspondence is included in my file. CHAIRMAN HENNING: I have correspondence, and they are in the file, if anybody would like to review it. Commissioner Fiala? COMMISSIONER FIALA: Yes, I've met with Mr. Yovanovich and I've also met with Mr. Pires and Mrs. Maggio. I have a great deal of correspondence that I have in my file. And also, I went out and took a look at the site and rode down the road completely and looked up all the addresses of the people that I found on my correspondence. CHAIRMAN HENNING: Commissioner Halas, you gave your correspondence ex parte communication. Is there any more? COMMISSIONER HALAS: Just the fact that I met with the -- Tony Pires and I met with people that live in that general area, and -- homeowners in that area, and I've had correspondence, e-mail, both Page 33 Agenda Item No. 7A September 27, 2005 Page 43 of 88 September 9, 2003 for and against, so that's where we stand on this. CHAIRMAN HENNING: Mr. Yovanovich, you're representing the petitioner for this variance? MR. YOVANOVICH: Yes, sir.. May I start? CHAIRMAN HENNING: Go ahead. It's your time. MR. YOVANOVICH: Good morning, Commissioners. Rich Yovanovich, for the record, representing the petitioners in this matter. What you have before you today is a request for a variance for a number of lots to allow them to come through the process to request a boathouse. These lots, as your executive summary indicates, are in fact boat dock lots and were created that way back in the Sixties. None of the lots themselves are large enough to support a principal structure, they're all about 450 square feet and about 40 feet in width. Prior actions of the Board of County Commissioners was a conditional use and variance, and I think also what was called a provisional use, to allow boat docks to be constructed on those lots and allowing a zero -foot setback for the boats to be moored at the boat docks. So in effect, these lots have already been determined by a previous board to be boat dock lots. And essentially what happens is a finger pier is built approximately at the center line of the lot and the lot owner has the right to put two boats on that lot. Now, there was a lot of -- there was a letter written prior to the planning commission that raised some issues that I would like to address that really are not related to the variance petition, but I wanted to address those anyway. The -- one of the concerns that was raised, what about the fact that these lots -- or these boat docks could be rented out? Well, that could happen anywhere. That's a code enforcement issue. A dock behind someone's house can be rented out. These lots are prohibited, from the prior legislative action taken by the Board of County Page 34 Agenda Item No, 7A September 27, 2005 Page 44 of 88 September 9, 2003 Commissioners, from being rented out. They're intended to serve the person who owns the lot. So that is the purpose of these -- the boat docks. Also, it is required that they not be commercial. One of the concerns was that this was now going to turn into a commercial marina. It's not going to be a commercial marina, it's going -- it's a boat dock lot that serves somebody who doesn't own a home on the water. It provides access for boaters of the community to have a boat dock. What we're simply asking for is the same right that any other property owner who owns property on the water has, is to request the ability to ask for a boathouse. If you have a principal -- if you have a house, a lot big enough to have a house on the water, you have the right to request a boathouse. We're asking for the same privileges. Now, in order to do that, there are -- we have to obtain some variances from the code provisions, because they just don't work for these lots. One of the provisions that we need a variance from is the fact that we cannot have a roof that meets the same -- can't be similar to the roof of the principal structure, because we can't have a principal structure. So we're asking for a variance from that requirement that the roof match the roof on the principal structure. Second we're asking for is the 15 -foot side setback requirement. It won't work for the lots, they're only approximately 40 feet in width, and with that requirement we are already allowed to go up to the lot line for the boat anyway. So we're just simply asking for the ability to the house to go and cover the boat which is already allowed to go basically to a zero setback. And finally, we're asking for the ability for the boathouse to go out beyond 20 feet, because this is shallow water, and you basically can't build a dock and get your boat in the water at 20 feet. Now, keep in mind that we're not asking for an exemption from the criteria to go through a boat dock extension. We still have to go Page 35 Agenda Item No. 7A September 27, 2005 Page 45 of 88 September 9, 2003 through a boat dock extension to extend out into the water. And when that happens, the planning commission analyzes impact on boater traffic, impact on view. All of those things are addressed at the time we go through a boat dock extension, and we would still be subject to those criteria when we come through with a boat dock extension. I'll briefly take you through where the lots are and a little history of how we got to where we are. This is -- these are the lots. This is Third Street West. This is from your property appraiser's GPS. bight here are the affected lots. Now, I don't represent every one of the lot owners, a few of them chose not to be part of the petition, but a vast majority of the lot owners have chosen to be part of this petition. How this started was Mr. Allen and Mr. Davy went to staff originally because they were approached by an installer of these boat covers. They went and they asked, do we need a building permit for these covers. And the response that they got was no, you don't need a building permit for these covers, so they installed the covers. Subsequently to that, staff has determined that these are in fact a structure, therefore requiring a building permit. And since it's now a structure, it's technically a boathouse, and you go back and follow the circular logic, it comes back to well, you can't have a boathouse because you don't have a principal structure. So the mechanism to get in front of the Board of County Commissioners that was arrived at with staff was to come forward with this variance petition to address all of the lots in a global situation, recognizing that we still needed to address the boat dock extension when each individual boat dock comes forward. So we went to the planning commission with the staff recommendation of approval on the variance. The recommendation was for hard covers versus soft covers, if you'll let me use that terminology. And we got to the planning commission, and the Page 36 Agenda Item No. 7A September 27, 2005 Page 46 of 88 September 9, 2003 planning commission preferred and imposed a condition that instead of hard covers, they preferred soft covers in this location, because they felt it blended in better with their surroundings. And it was a recommendation just for this area to allow soft covers. And I'd like to point out again on this map that you can't even really see the soft covers. And this is -- I wish I could blow the ariel up and get a little tighter. But right where my finger is pointed, those are Mr. Allen's boat covers, and across the way right there are Mr. Davy's boat covers. So they are -- they do blend in nicely with the community. Now, when I first took this case, I was a little concerned about how those boat covers would look. I wasn't sure -- and my recommendation was let's just go with the hard covers, because I -- my personal preference was I thought that would look better. But I went out on the water with my clients to see what's around the community and what do these things really look like. And if I can, I'll show you some pictures. CHAIRMAN HENNING: You can just give that to the County Manager. MR. YOVANOVICH: The first picture is -- I would have never gotten that right in lining that up. The first picture, those are Mr. Allen's boats, and that's from the water, obviously. You virtually cannot see them as you drive by on the road. The mangroves have grown over to block them. The next picture is across the way; that's Mr. Davy's two boats and covers. That picture is a picture looking in -- into the waterway, facing east. And that's basically the view coming back the same way. That's what you see going in. I mean, there's already a boat on a lift, so the cover or house, whatever is approved, will not block the view, because all these boats are on lifts already. Page 37 Agenda Item No. 7A September 27, 2005 Page 47 of 88 September 9, 2003 That's another look of -- that's looking in east, and you'll see there's already an existing boathouse in the area. And that's what it looks like. And I don't -- this next picture is not the best -- oh, it's real fuzzy, let's not even take it. What that picture was is looking from the east to the west, and what you see is the hard cover -- the hard -- and before you see Mr. Allen's boat covers, you see that existing boathouse on a boat dock lot. And finally, one of the questions was what do these things look like when they're placed together side by side, so to speak. That is the Vanderbilt Towers boat basin. Now that's a mid -rise condominium. That's what these people look out from their windows and see in their boat basin. And I'm assuming, since the condo hasn't objected and those things are in place, it hasn't really been an issue for people in these mid -rise condos to look at these boat covers aesthetically. And you will also notice, by the way they're constructed, there's a natural separation from the boathouses, so they are not rooftop to rooftop to rooftop. They do line up nicely and provide, you know, a view, if you can, between the -- through the core. Also in the area, if you want, I've got pictures of other single - family homes that decided that these boat covers were for them, and they've gone ahead and constructed them as well. So I mean, the neighborhood on the single - family lots seems to like these covers as well. The planning commission wanted to make sure that the aluminum that holds up the canvas was in -- does in fact meet the hurricane standards, and it does, it's a requirement that the aluminum frame meet the hurricane standards. Now, obviously the canvas does not. They wanted a requirement that the owners come and remove the canvas cover if there's a storm coming, and we've agreed to that requirement. Mr. Davy and Mr. Allen live locally, and we would be fine with that Page 3 8 Agenda Item No. 7A September 27, 2005 Page 48 of 88 September 9, 2003 being a condition on any of that, if we went the boat cover route, as recommended by the planning commission. We're also okay with going with what staff recommends, the hard cover, if that's the preference of the Board of County Commissioners. We do believe that this is a unique situation, these are unique lots. We're only asking for the same rights that anybody else who owns property on the waterfront would have, is the right to ask for a boathouse, go through the process of getting a boat dock extension. And we fully intend to comply with the building code structural requirements. I don't have much more to add. Your staff report was thorough, you have all the backup material in your packet. I do -- would like to respond to any comments from the public as to why they may or may not object. And with that, unless you have any questions of me, I'll -- CHAIRMAN HENNING: Questions by the members of the board? Commissioner Coletta? COMMISSIONER COLETTA: Yes. Mr. Yovanovich, up in the upper left-hand corner, there's a red line that intersects the boat docks, from best I can see. What is the significance of that line? MR. YOVANOVICH: To be honest with you, I don't know. I just pulled the map up just for purposes of showing the location of the lots. COMMISSIONER COLETTA: I really would like to know what the significance is. Is it a property marker of some type? MR. YOVANOVICH: I don't know. We are constructing -- we would be required to construct our boat docks within our riparian lines for our lots. So we'd still be required to be consistent with the riparian lines set forth in your code, and we'll address that at the time of permitting. COMMISSIONER COLETTA: Does it have anything to do Page 39 Agenda Item No. 7A September 27, 2005 Page 49 of 88 September 9, 2003 with it about the state owning land under the water? MR. YOVANOVICH: Commissioner, I don't know. COMMISSIONER COLETTA: The particular case, I mean, as far as applying for this. MR. YOVANOVICH: We would be required to obtain whatever per -- if we needed to get a state permit to build a boat dock there we would get a state permit. If we don't have to, we wouldn't get one. MR. MUDD: Red lines on that overlay, Commissioner, normally designate lot lines, okay? That's the way the property appraiser has them laid on that sheet. You don't see them on the individual ones so well on the visualizer, but if you get close to that picture, you can see them, so that every lot is squared off with a red line. CHAIRMAN HENNING: And sometimes they're not correct. MR. YOVANOVICH: Right. CHAIRMAN HENNING: It's just a line on the map. Because I can tell you that my neighbor's shed is on my property, but my survey says that it's not. MR. YOVANOVICH: It's an approximation, it's clearly not a surveyed line. COMMISSIONER COYLE: You should bring that before the County Commissioners. CHAIRMAN HENNING: No thanks. I have some questions. MR. YOVANOVICH: Yes, sir. CHAIRMAN HENNING: The -- what's the lots platted -- the plat for the lots, they're platted for what use? MR. YOVANOVICH: Well, actually, it was silent. And the determination has been through legislative history of granting of conditional uses. Since they never met the minimum size requirements for a single - family structure, I'm told through, you Page 40 Agenda Item No. 7A September 27, 2005 Page 50 of 88 September 9, 2003 know, verbal history that the intent always was that these were boat dock lots. And that's in fact what the Commission has said in the past, that these were going to be boat dock lots. CHAIRMAN HENNING: Was this a PUD or is it just a subdivision -- MR. YOVANOVICH: I think it's straight zoning. Straight zoning from way back when in the'60s. CHAIRMAN HENNING: What is the property appraised as? Is it -- I mean, commercial, single family? MR. YOVANOVICH: It's appraised at RS -4, which is what they are. They're RS -4 lots, but they don't meet the minimum lot size to be constructed. CHAIRMAN HENNING: Okay. One minute, Commissioner. COMMISSIONER FIALA: Sure, I just let you know. CHAIRMAN HENNING: On this map that's not very clear -- you might be able to answer my question or not, but on the road to the north, there looks like a structure just next to the vacant lots. MR. YOVANOVICH: Right there? CHAIRMAN HENNING: No, to your other left. Yes, that way. Right there. Yeah, right there. You had it. Back. Never mind. Commissioner Fiala? COMMISSIONER FIALA: Go ahead, ask your question. CHAIRMAN HENNING: Do we know what that is? MR. YOVANOVICH: That's the boathouse. That's the one I showed you, the hard cover. CHAIRMAN HENNING: Your voice changed. MR. YOVANOVICH: I got coached. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, just one thing: The boathouses that exist right now -- well, there's the boathouse and then the canvas cover. _.. MR. YOVANOVICH: Right. Page 41 Agenda Item No. 7A September 27, 2005 Page 51 of 88 September 9, 2003 COMMISSIONER FIALA: What kind of setback are they using presently? MR. YOVANOVICH: They're using the width of the boat slip as their setback. They're built on the existing pilings, so under the existing regulations the pilings can go to a zero setback. COMMISSIONER FIALA: So they're set right now at a zero setback? MR. YOVANOVICH: Yes. So you have a good look of what it's going to look like. COMMISSIONER HALAS: These boathouses that you're referring to that presently have a hard fixed roof, are these in compliance? Were these set up, were they permitted? MR. YOVANOVICH: I don't represent that parcel, so I didn't look at the history, I'm just -- COMMISSIONER HALAS: Well, what are you representing here as far as the parcels? MR. YOVANOVICH: I'm saying that right now there's already a boathouse out there. Nobody's tagged it -- COMMISSIONER HALAS: I'm just asking which parcels do you represent? MR. YOVANOVICH: I represent lots one, two, three -- COMMISSIONER HALAS: Show me where -- show me with your pointer there what we're talking about here exactly. MR. YOVANOVICH: It would probably be easier if I put -- if you look at your Page 9 of your agenda package, you will see the shaded lots. COMMISSIONER HALAS: Yeah. MR. YOVANOVICH: Those are the lots that we represent. COMMISSIONER HALAS: I have a problem with putting boathouses up to start with, right from the get -go. And this just compounds it, when there's no other structures that are there, such as a home or whatever else. Page 42 Agenda Item No. 7A September 27, 2005 Page 52 of 88 September 9, 2003 And the other thing that bothers me is the fact that these are just lots. And I'm wondering how we're going to address landscaping needs in that area, and keeping these docks from being rented out. Because I can't believe that everybody up there owns two boats. That's -- that's hard for me to believe, that a person owns two boats for each one of these lots. MR. YOVANOVICH: Well, I mean, that's going to be just like any house that has two boats stored there. How do you know? You've got to at some point either trust the people to tell the truth and do the right thing -- COMMISSIONER HA.LAS: I think we have a code enforcement problem. MR. YOVANOVICH: And then you have a code enforcement issue if people are not following the rules. But the requirements on those lots specifically prohibit the rental of those. And we're willing to stipulate to that as part of the approval. COMMISSIONER HALAS: I'd like to hear from the audience here. MR. YOVANOVICH: We also -- Commissioner Halas, if I may, we did offer to install additional landscaping, if that was preferred, from the roadside. We were happy to do that. We did attempt to meet with the nay - sayers, and there was no room for compromise, so we're always open to compromise. CHAIRMAN HENNING: Okay, any further questions for the petitioner? (No response.) CHAIRMAN HENNING: Any questions for our staff? (No response.) CHAIRMAN HENNING: Seeing none, let's go to public speakers. ' MR. REISCHL: Mr. Chairman, I just wanted to wanted to put on the record that this is one of the few times that the planning Page 43 Agenda Item No. 7A September 27, 2005 Page 53 of 88 September 9, 2003 commission and planning staff have different recommendations, ours being more from the safety viewpoint that we wanted to have the hard boathouse, the planning commission went more towards the low profile, I guess more aesthetically pleasing was the general intent. I just wanted to put that on the record for you. CHAIRMAN HENNING: Okay. Thank you. Let's go to public speakers. MS. FILSON: Mr. Chairman, we have eight speakers, the first being Anthony Pires. He will be followed by Jim Boswell. CHAIRMAN HENNING: Okay. MR. PIRES: Good morning, Mr. Chairman, members of the Commission. My name is Anthony Pires with the law firm of Woodward, Pires and Lombardo. And with the board and Chairman's indulgence, I'm representing 14 different property owners in this area that are opposed to this request, and I would request some additional consideration at this time, perhaps 10 minutes. I believe the petitioner went approximately about 15 minutes or so. I'll try to keep within the 10 minutes, with the board's indulgence. CHAIRMAN HENNING: Please. MR. PIRES: Thank you. Within this particular application we have serious concerns. We raised those concerns before the planning commission. One of the primary concerns, some of them -- some people may say gee, Tony, you're being hyper technical, these are just legal arguments, but I think they are important issues with regards to your process and the process generally. A variance is for the desire to waive or get a modification to a particular Land Development Code regulation to enable the property to be utilized that may not otherwise be usable. You would have to show unique land- related hardship not caused or created by the applicant. The staff, in its executive summary to this board in its package said, there is no land - created hardship. Page 44 Agenda Item No. 7A September 27, 2005 Page 54 of 88 September 9, 2003 Additionally, it is difficult to see, when you have an application en masse of 25 with one variance fee of probably $450, how each one is unique. No individual parcel has been identified for its unique characteristics. Also interesting, in the time that I have practiced in front of this board and other boards, I've always been required to and I always thought I was compelled to and appropriate to, in order to show the nature of the request being desired, to have some sort of graphic. The existing lot, the existing setbacks, what's proposed to be waived, what's proposed for the variance. There is no such animal in this packet. The only graphic that is part of the application process is a copy of the plat. The checklist for the application says provide a survey that shows the encroachment. There is none in this packet. It is then difficult, if not impossible, to ascertain the effect of the variance being granted. What's also interesting is there are no surveys or graphics depicting the water depths. Mr. Yovanovich made a bald assertion, comparable to the bald assertion made during the course of the planning commission meeting, that there are shallow water depths. That's also in their application. There is no evidence in the record, no testimony that shows there are shallow water depths. Question was raised as the ownership. I think the question was raised as to, gee, what is that red line. I'm not an expert, but I like the surveyors -- I like the survey lines that are part of variance applications to ascertain property boundaries. It is our understanding that is a bulkhead line, and that is a line of differentiation between the property owned by the Hickory Harbor Condominiums. So whether it's exact or not, whether it's a tolerance of one foot, whether it's a tolerance of two feet, prima facie on its face, based upon the documentation from the property appraiser's office, part of Page 45 Agenda Item No. 7A September 27, 2005 Page 55 of 88 September 9, 2003 these boathouses and part of the proposed extensions go into property which is controlled by a bulkhead line possibly owned by Hickory Harbor Condominiums. I'm not telling you that is the answer, but I'm telling you that if you had an application that provided the requisite data, you would know that, as opposed to guess, surmise and guess and by golly. That's what the applicant is wishing you to do. The applicant has not indicated and shown any graphics as to how this would look in its relationship to adjoining properties and to the residential properties and communities to the west and to the east. What kind of effect would be created in a single - family residential community? Mr. Yovanovich says Vanderbilt Condominium are happy, the mid -rise, high -rise people are happy with types of covered structures in their boat basin, but they are not this residential community of a long- standing nature, about a 50- year -old community that does have a canonization effect caused by boathouses that could occur by virtue of this application. Additionally, the application itself concedes that boathouses do not qualify for the use. In essence they're asking for a use variance, which is not allowed by law, as opposed to a variance merely from the requirement. In the application -- the variance petition, the applicant himself said due to the size of these lots, and inability to provide a primary structure on them, they do not qualify for boathouses under the current rules. The current rules provide a definition of boathouse, and I'd like to introduce that into the record, and I will have a copy for the record. Boathouse: A roofed accessory use to a residential structure. It's not accessory to the dock, it's accessory to a residential structure. Our position is if they wish to have boathouses, they need to go back to a conditional use process, because the original conditional Page 46 Agenda Item No. 7A September 27, 2005 Page 56 of 88 September 9, 2003 use didn't even say docks. The original conditional use allowed for boat launching facilities. At the time the conditional uses were approved, the conditional uses authorized -- had the ability to authorize either boat launching facilities or multiple docking areas. Multiple docking areas were not authorized as part of that prior conditional use process. So we're saying, and our position is, the boathouse can't even be allowed. What I also find interesting is that Mr. Yovanovich asserts and the applicant has asserted that well, we'll give you all the data you want when we come in for the boat dock extension request. My response to that is why not provide it now when you're asking for a variance. Let's do it all at one time. And I can see the argument later on as to why the boat dock extension request should be granted. It's hey, we told you it was shallow, you granted a variance based upon that representation, how can you now deny us a boat dock extension request? I think it will be difficult to do. And it may even be an issue about res judicata or collateral estoppel that you allowed this to occur before. There's been no evidence or testimony of hardship. The applicants have never even testified before the planning commission or even today. The staff has found no land - related hardship, and the court cases are replete with the fact that a hardship needs to be shown in order to have a grant of a variance application. Mr. Yovanovich -- and I'd like to introduce into the record also some additional photographs. One's a little closer up. I had problems with my computer this morning printing the full size out. But if I could go to the visualizer and not fall over the new podium, which is very nice, by the way. Thank you. I believe this one shows the red line in greater detail as we come closer to that. What it also shows is something that wasn't disclosed. The lots may extend down to the water, but there are seawalls there. Again, when you start measuring where is the boat dock extension Page 47 Agenda Item No. 7A September 27, 2005 Page 57 of 88 September 9, 2003 going to be made from? From the property line in the future, from the existing seawall line, from the existing shoreline? And where this is variance from? There are just too many unanswered questions. You have a process where it's designed to have each individual come in on their own accord, on their own merits, lot by lot. This is akin to a neighborhood of 25 homes where people want to change setbacks as to their garages. And they come in with 25 applications all in one, without any drawings, without any surveys and say, you know, we got pretty skinny lots, we want to put garages on them closer to the side yard setbacks. Trust us, we'll do the right thing. Each one needs to be weighed on its own, each one needs to be evaluated on its own. So therefore, we believe that this application should be denied in its entirety. Mrs. Maggio from -- will be one of the speakers who will have some additional information about the question I think Commissioner Halas raised about the one covered structure that's a hard structure that was used by Mr. Yovanovich as an example. We believe that's an unpermitted structure, and that's part of the problem that's been going on out there. In summary, based upon all the -- the deficiency in the application, the failure to comply with the requirements of the ordinance for the application, the failure to show a land- created hardship, the failure to show a non self - created hardship, all they want to do is they want to put more boats on their lot. Their application even says that they're not -- they're usable. They can be used. They just want to put two as opposed to one. And they want to cover it. They've shown no real hardship, no individual application has been provided. We respectfully request then that you deny this petition, and if they wish to submit, submit each one on their own merit, have each one evaluated on their own merit with the requisite data. Page 48 Agenda Item No. 7A September 27, 2005 Page 58 of 88 September 9, 2003 Once again, I've never seen a variance application without supporting data showing what it's going to look like, what effect it will have. Thank you. CHAIRMAN HENNING: Thank you. MR. PIRES: And also, I have some items that I'd like to make part of the record -- thank you, Mr. Mudd -- the photographs, correspondence I provided to the planning commission, and the transcript of the planning commission hearing, a verbatim transcript. And I'll give those to the court reporter with the Chairman's indulgence. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Jeff Boswell. CHAIRMAN HENNING: Followed by? MS. FILSON: Jeff Garard. MR. BOSWELL: Good morning, Commissioners, my name is Jim Boswell. I reside at 270 Third Street with my family. I'd like to point that out to you, that is the stealthy looking building right there on the plat. It's a two -story stilt home. I've owned the property for 18 years, I've lived there for the past seven years. I guess I should have brought some photographs, but obviously, based on that photographic plat there, you can have some idea of my view down the street. Obviously I have no opposition to any type of structure being built on there as far as a cover to protect people's boats. I presently don't own a boat. Hopefully in the future I will. But I don't have any opposition to a soft cover or a hard cover. If I haven't -- if it seems as though all of a sudden I popped out of nowhere and -- when I had an opportunity to supposedly attend any of the meetings at the Bonita Shores Association, that was because I was not invited. So I would have been there to show an opposing view, but I simply wasn't invited. Page 49 Agenda Item No, 7A September 27, 2005 Page 59 of 88 September 9, 2003 There's quite a bit of history in regards to these, obviously. A lot of the things that have been brought up here had already been resolved through the petition that Mr. Davy and I had brought forth years ago when it was determined that this RSF -4 zoning had been applied to these properties when the Land Development Code had been adopted back in the Seventies. That was arbitrarily applied because these simply were not recognized at that time. Nobody knew really for any purpose that they existed. That's why we've had to go through a lot of these jumping through hoops, is because they simply weren't recognized and taken care of at that time. Mr. Davy and I, during the period of getting these lot lines adjusted in order for us to better utilize these properties, followed the recommendations of the planning commission. So we've followed all of the rules along as they've been posed to us. Anyway, I don't want to take any more of your time. I can't get into a legal dispute here. That's for our attorney to do. But I just -- I did want to bring you up to speed on a little bit of the history as someone who lives right there on the street and overlooks these lots. Nobody else has that vantage point. I do. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Jeff -- CHAIRMAN HENNING: Commissioner Coletta has a question, sir. COMMISSIONER COLETTA: I'm sorry. Before you go, sir, do you own one of those boat lots? MR. BOSWELL: I own two of those boat lots. I just bought one just in the last three months, as a matter of fact. COMMISSIONER COLETTA: Are they the ones that are facing your house? MR. BOSWELL: I wouldn't say anything faces my house. Can I point it out to you? COMMISSIONER COLETTA: Would you, please. Page 50 Agenda Item No. 7A September 27, 2005 Page 60 of 88 September 9, 2003 MR. MuDD: Tell me where you want me to move it. MR. BOSWELL: Actually, you're very accurate, right there. Right there. CHAIRMAN HENNING: Thank you. Next speaker, please. MS, FILSON: Next speaker is Jeff Garard. He will be followed by Emily Maggio. MR. GARARD: I just wanted to thank you for your valued consideration in looking at this proposal. We're just simply requesting the rights to -- that any property owner on the water has, and that's to protect our value and our investment in our boats. I think it will add to the aesthetic appearance to it. And that's basically all I have to say. CHAIRMAN HENNING: Okay, thank you. MS. FILSON: Next speaker is Emily Maggio. She will be followed by Richard Stocksdale. MS. MAGGIO: Good morning, Commissioners. For the record, my name is Emily Maggio. My husband Frank and I have resided in Little Hickory Shores for 34 years. I am here today representing my husband and myself, and I am also one of the 14 households represented by Mr. Pires, and I am here today representing the other 13 who couldn't make it for whatever reason. I have nine letters from those homeowners. The majority of them live right there on Third street. Two of us live on Second Street, which is where I live, and one person who also owns a boat lot lives in Bonita Shores. Most of them are out of town; one had a hip replacement, the other is chaperoning her child's class. So these are their input other than what I and our attorney have to say. Let me start out by saying, first of all, we as homeowners knew when we moved there that these boat dock lots were there. The Walker family who developed this subdivision, when they extended Third Street created those lots. Page 51 Agenda Item No. 7A September 27, 2005 Page 61 of 88 September 9, 2003 We have, as residents there, no objection to those lots being used for the docking or launching of boats. We knew they were there. People pay taxes on their property, they're entitled to a use. We have no objection to that. However, and I have here a copy of the original provisional use that was given, and it was for boat launch facility. All other code requirements were required, only that they could have a dock without a principal structure. We feel that that was reasonable. However, when the county went forward and gave them zero lot line, we felt that the county went beyond reason and beyond good judgment. And I'll explain why. That's kind of a big view. I'm going to give you a closer up. When the county granted zero lot line to these boat lots, they in effect gave these boat lot owners more rights than the residential homeowners in that neighborhood. We have no variance and no right to build anything lot line to lot line. And I believe that if we were to come in here en masse and ask for a variance to build anything lot line to lot line, I sincerely can't imagine the scenario under which you would grant such a thing. The second thing they did which makes their decision irresponsible, you look and you see what's there now. With zero lot line -- and you'll see three boats in one and you'll see the roofs. And just imagine when every one of those lots -- and the majority of them so far are not developed -- but when they're all developed, the reality is you're going to have what you see, lot line to lot line to lot line. One boat catches fire, just one, just one, what are you going to have? A disaster. You add roofs, you're only adding fuel. You put them 50 feet out in the water and you're making it darn challenging for the firefighters. And I'm not just pulling wool. My husband was the fire commissioner of the Little Hickory/Bonita Shores Fire Control District for 21 years and was a working firefighter. It is a real danger. Page 52 Agenda Item No. 7A September 27, 2005 Page 62 of 88 September 9, 2003 The county was irresponsible to give these boat lot owners more consideration than they gave to the residential lot owners in that residential neighbor. You plopped -- the county plopped -- not you particularly, but the county plopped a terrible fire hazard right in the middle of our neighborhood. I don't think anybody would want that. As far as this issue of renting, which is another concern, this will become commercialized. I want to show you an ad that appeared the beginning of this year. It is for one of these boat dock lots. They are 30 feet by 20 feet is the plat. I don't know where somebody came up with 45 feet. There may be one that's 45 feet. The majority of them are 30 feet. This is for a boat dock lot. The price is $239,000. I won't read the whole description to you because it's directions, you take Bonita Beach Road, blahbidy blah, and it gets you right there to those dock lots. The remarks: This is a unique opportunity to own great boating access dock with two lifts. Buy one for your boat and rent the other out. The dock has a chickie but for relaxing after a long day of boating. Water and electric. Beautiful bay view. This is a perfect solution for the closing of Wiggins Pass marina. Anyone who -- these people who own these lots right now may not want to rent them. They're not going to own those lots forever. And if you don't think that this is where we're going, you're ignoring the obvious. I would like to show you also this, which I got from zoning. Michelle Arnold sent it to me at my request. This is a list of all the zoning violations that have taken place on those boat dock lots from, what is it, '98 to -- MR. MUDD: 5 -98 and it goes down through 5 -01, at least on the first page. MS. MAGGIO: That's it. It is replete with building permit violations, and the second largest infraction is renting. And we're not �. talking about phantom owners; some of these people that are here Page 53 Agenda Item No. 7A September 27, 2005 Page 63 of 88 September 9, 2003 before you today are those violators. CHAIRMAN HENNING: I'm going to ask you to wrap up, please. MS. MAGGIO: Yes, I will. I realize it's long. You do not need a variance, a boathouse or a 50 -foot dock to clean up your property, to plant trees and to improve its appearance. You do not need a variance, a boathouse and a 50 -foot dock to install security lighting. You don't need a variance, a boathouse and a 50 -foot dock to protect your boat from the elements. Boat covers are available and widely used. You do need a variance to build a boathouse on these dock lots, you do need a variance to cure the zoning violations from which this petition emanates. This is a zoning violation. And if I could ask, aren't those canvas covers illegal? I believe they are. You do need a variance to extend a dock 50 feet into the waterway. Ask yourself, why do existing docks that are being used and are apparently functioning quite well need to be extended to 50 feet? Why do non - existent, and as yet unplanned, docks need a variance to extend to 50 feet? Where is the hardship that requires a variance to the law? Most of the docks are still vacant, there's nothing there. There are no plans in evidence to show what will be built, when or by whom, the current or the future owner. So why do empty lots need a variance? The variance will be in essence a blank check. The final thing I have here is a copy of the Little Hickory Shores deed restrictions. It requires a principal residence before any other structure, and it also requires setbacks. We may have been asleep a couple of years ago, we are awake and organized. We can and will do whatever is available to us to enforce our deed restriction. Thank you so very much for your kind attention. CHAIRMAN HENNING: Next speaker? Page 54 Agenda Item No. 7A September 27, 2005 Page 64 of 88 September 9, 2003 MS. FILSON: Next speaker is Richard Stocksdale. He will be followed by Dennis Santos. MR. STOCKSDALE: Good morning. My name is Richard Stocksdale and I'm a resident of the condominiums that are facing here. There's 51 condominiums there and I represent a group in that to say to you as commissioners that we are not in favor of looking out our condo windows into a Tin City atmosphere which could be created by the fact that they're building these covers over these boats. And one is a hard cover and the other one is a soft cover. We have 25 slips that belong to our condominium association, and we have no need for any covers and no desires to put in any covers. So we're opposed to the fact that the covers may exist. The other option we have -- or opposition we have is the fact that we're taking a community and we're inviting people into the community that really don't have any interest in our community to dock their boats. They have a right to dock their boats, but we're saying that you -- that's going to create a traffic condition on Third Street, and these boat docks are going to create an unsightly thing that we don't appreciate. Thank you. MS. FILSON: Dennis Santos. He will be followed by John McCrohan. CHAIRMAN HENNING: Mr. McCrohan, if you'd come up and stand by the next -- or the speaker before you, we can speed up and get some of the speakers in on a timely basis. MR. SANTOS: Good morning, if it's still the morning, I'm not sure. My name is Dennis Santos, I am the president of the Bonita Shores Boating Association, and our association is right in this little area right here. It was donated to -- CHAIRMAN HENNING: Sir, you have to be by the mic. MR. SANTOS: Oh, I'm sorry. It was donated by the Walker family to the association back in the Seventies, I guess, Sixties. We Page 55 Agenda Item No. 7A September 27, 2005 Page 65 of 88 September 9, 2003 are a volunteer board of directors, and we're appointed by boating association members. I'd like to say that this has been difficult for all of the board members, because we have friends in the boating association, and we are very concerned about everything that's been brought up today, by the traffic, the commercialization and all that other stuff. We have petitions, basically 45 people have signed. I'd like to leave these with you folks, if I may. Those are signed by members of the boating association. And I believe there's 45 signatures there, and we have approximately 70 members. COMMISSIONER FIALA: Are they for or against? MR. SANTOS: They are against it. They are against it. As the boating association, we're really concerned about the impact it would have on our land, because we are -- you know, we try -- we maintain that land fairly well, and we're just really concerned about the parking, the street activity, if it does get to the point where everybody is buying up these lots and installing boat docks. From what we understood, that Mr. Davy -- and which it wasn't brought up and correct me if I'm wrong. MR. MUDD: If you do it over here, please. MR. SANTOS: I'm sorry. I'm not used to this. He -- the one he's mentioned is the one that is on the bay side, but we also understand that he owns -- I think the bay side, that green right there, the bay side. He also owns two lots on the bay. Now, I guess this kind of brings to the -- the question to some of the boating association members is that why would one individual want to own three lots totaling 150 feet of dock space out into the water, total of six boats? And I guess the questions are just something that have to be answered. Mr. Allen has approached me, and Mr. Allen -- I think he's -- he has said to me that he's almost sorry that he ever got involved with this because what's happened is is that I guess because of some of Page 56 Agenda Item No. 7A September 27, 2005 Page 66 of 88 September 9, 2003 these canvas violations, he has now brought -- he has now some code enforcement issues that he has to deal with. So to wrap it up, the boating association thinks that you ought to vote no. That is the bottom line for us. And I thank you very much for hearing it. If you have any questions, I can -- CHAIRMAN HENNING: Any questions by the members? (No response.) CHAIRMAN HENNING: No, sir. Thank you. MS. FILSON: The next speaker is John McCrohan. He will be followed by your final speaker, Doug Fee. MR. McCROHAN: I'm going to read real quick so I can maybe take a little bit less of your time. I would like to thank the commissioners for an opportunity to speak and be heard on the variance before you. I am here to represent myself, John McCrohan, and my wife Cheryl Lewandowski on this issue. We are 13 -year residents of Bonita Shores and we also own a boat dock lot down there in Little Hickory Shores. We are aware of what this variance is about and what is being asked of the Commissioners. My wife and I have always considered ourselves as being interested and active in the community. For the past six years my wife has served as the secretary /treasurer of the boating association and is now the president of the Bonita Shores and Little Hickory Shores Improvement Association. Because of this, it has been brought to our attention that there has been much misinformation given to the Bonita Shores and the Little Hickory Shores community. We have had many calls to our home to ask about the allowance of a variance to allow a marina on Third Street with 50 -foot commercial docks and boathouses. We have tried to explain to our neighbors that there is no marina being proposed, that these boat docks are non - commercial private use facilities only, that the only reference to 50 -foot docks is the Page 57 Agenda Item No. 7A September 27, 2005 Page 67 of 88 September 9, 2003 limitation of how far the proposed boathouses can protrude, and that these boathouses have no walls, just a roof. I believe that there has been an effort to misinform and unnecessarily alarm the community about this variance in order to gain petitions for the opposition against it. As a long - standing member of the community and as a voting members of the boating association, I have not been offered the opportunity to sign a petition for or against this variance, even though I have made several requests. Many of the petitions against this variance have been obtained through misrepresentation, and the -- many of the opponents of this variance are in fact the greatest offenders of the county ordinances and density impacts in the community. The variance only asks that the boat dock owners be able to protect their boats and be afforded the same rights afforded all other water property owners in Collier County. I hope the Commissioners' good judgment will not be swayed in the face of the rhetoric brought before you that has nothing to do with this petition. And if I may, just a quick few things. One, why would you want two boats? Well, I like my stinky fishing boat. My wife does not want to take my family or her family out on a stinky fishing boat. So, therefore, she wants her pontoon boat. Two boats. You have a three -car garage, you may not have three cars. People say 50 -foot docks. If you look at my dock, the first 13 feet of it are on land. You do not touch the water for the first 13 feet. Therefore, I have a 50 -foot dock. It does not go 50 feet into the water, it just allows, according to the erosion of that property, to get a 21 -foot boat in the water. During certain times of the year you can walk out on the sand, from the land out on the sand about another 10 feet. So is the variance -- it is by each lot and makes a difference. And the county Page 58 Agenda Item No. 7A September 27, 2005 Page 68 of 88 September 9, 2003 takes all of this into account. And that's why we have not one survey as to the size of the lot, but we have several surveys by different surveyors for mean high water and how deep the water are (sic) for each lot and each petition dock. A zero lot line. The reason this was granted was that we could have lifts. As many people say, gee, we can't have zero lot lines. Well, my lot is 30 feet wide. I have a four -foot dock. I can't have two 13 -foot slips, which is standard, I had to cut one down to 12 foot. So now I have two lifts to hang the two boats, which is a launching facility. I launch my boats off of those lifts. There is a lot of misunderstanding, I think, and a lot of the neighborhood has been come up in arms. You speak of a lot of these petitions against. Even Mr. Santos says he has 45 out of 70 plus members. I don't believe that he has the support of the voting membership. I am a voting member, I have not been offered this ° petition. I have asked for one and not been offered. And I think that there is a lot more than meets the eye here. I think there are a lot of people who have boathouses and have canopies but don't want anyone else to have them. Not everybody down there -- not everybody down there does not live in the neighborhood. I do, and so do several others. CHAIRMAN HENNING: Thank you. MR. McCROHAN: And one other thing, if I may add, as far as will the roofs go roof to roof to roof, I don't believe that every house that's on the water in Collier County will build a boathouse. I don't believe everyone who owns a lot down there -- CHAIRMAN HENNING: Thank you. MR. McCROHAN: -- will build a boathouse. I don't believe everyone will paint their house pink at the same time. Thank you. MS. FILSON: Your final speaker is Doug Fee. MR. FEE: Good morning, Commissioners. For the record, my name is Doug Fee. I'm president of the North Bay Civic Association, Page 59 Agenda Item No. 7A September 27, 2005 Page 69 of 88 September 9, 2003 which includes the area of Bonita Shores and Little Hickory. We have several of our members who live in this area. The mission of the North Bay Civic is to preserve our Florida coastal lifestyle. I won't repeat all the specifics of the variance being asked today; however, I wanted to point out on the visualizer, a picture is worth a thousand words. And I have in front of you, with all respect to the Port Royal community, a picture of zero lot line boathouses. Many of you will remember several years ago there was a fire that occurred. And, you know, I'm seeing a parallel here as far as this community. And at the planning commission I spoke and I showed this picture; it went into the public record. And a couple of the commissioners on the planning commission tried to make a motion, I believe, to limit the zero lot line to somehow bring in so that we wouldn't have roof to roof. And so that was one of the things that they discussed. So I'm here showing you that there is an example here in the county of zero lot line boathouses, and that is what we see along this shoreline. Also, I might mention, with this shoreline being -- it's not consistent. You'll have 50 feet -- you know, so it's going to be boathouses that are varied and so it's going to look different than this picture in front of you. That's my point, and thank you very much for your time. CHAIRMAN HENNING: Thank you. Mr. Yovanovich, you know, rebutting all the remarks from the speakers, I'm not sure if it's necessary. So maybe you want to just represent some facts so the board can hear your input. MR. YOVANOVICH: I'll just hit a couple highlights. I don't want to rebut everything. One, I'll let your county attorney address the process. I'm assuming if the process was flawed, we wouldn't be here today. So I'm assuming the county attorney's office has agreed with the Page 60 Agenda Item No. 7A September 27, 2005 Page 70 of 88 September 9, 2003 process. I didn't realize you could have a canyon effect when you only have 15 -foot buildings, so I thought that was an interesting comment. We are -- I don't know how to make this any clearer, we are not asking for a boat dock extension today. We are simply asking for the right to come and ask for a boathouse. And we still have to meet the boat dock extension criteria, one of which includes impact on view. We're not asking for a waiver of that requirement. To show you that ordinary people do in fact own two boats, Mrs. Maggio has two boats at her house and I'm assuming they're both hers, and she does have a boathouse. So if we're opposed to boathouses, I think we ought to just go ahead and take that boathouse down and show the community that she truly believes that boathouses are bad things. There are others in the area -- CHAIRMAN HENNING: I don't know if that's necessary. Just give us the facts, please. MR. YOVANOVICH: Okay. Well, I guess the reaction was is people are saying we don't want boathouses and the people who are saying that own them. And I think that's the point I was trying to make. I apologize if it came across a little stronger than that. But this has turned into -- I'll leave it at that. Mrs. Maggio pointed out that code enforcement does work. There have been people who were cited for illegally renting boat docks, so your code enforcement staff is handling the situation. We've already addressed the commercialization. This is not a commercial marina. The traffic is going to come there to serve those boat docks anyway, because there's still going to be boat docks. We're just talking about a cover to the boat dock. It doesn't affect traffic and it doesn't affect the number of boat docks that are going to be out there. . And finally, you know, the Bonita -- the Bonita Shores Boating Page 61 Agenda Item No. 7A September 27, 2005 Page 71 of 88 September 9, 2003 Association; or Boat Association, I may have the title incorrect -- candidly is the biggest traffic offender because their members come to their launching facility and park there and they come there and there's more members and users of that boating facility. So a lot of the traffic issues are related to one of the associations that are complaining. We do have a land - related hardship. Mrs. Maggio pointed out that I overestimated the size of the lots at 40 feet. They're smaller. They're 30 to 35 feet. They're small and they can't have a principal structure. I don't know what other land- related hardship you can have when it involves the particulars of a boathouse because you have to have a principal structure and you have to meet the setbacks. They're too narrow. I can testify to all those pictures. I've been on that waterway, I have seen all that. My testimony is evidence. I don't know that there was any other evidence presented contrary to what I stated. And we need to focus on the criteria, not issues related to a boat dock extension, not issues related to traffic, not issues related to commercialization. Because frankly, none of that is applicable to what we're asking for. And if you have any questions of me, I'm happy to answer it. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I'm a little confused here. What staff has given me is an objective here, and it says the petitioner requests a 15 -foot variance from the required 15 -foot required side yard setback for a boathouse to 0 feet to 30 feet variance from 20 -foot maximum protrusion from the boathouse to a maximum of 50 feet. MR. YOVANOVICH: Correct. COMMISSIONER HALAS: For the boathouse lots, which cannot support a single - family home. But you just said that you didn't want the extension, but yet in this information here, it says a Page 62 Agenda Item No. 7A September 27, 2005 Page 72 of 88 September 9, 2003 maximum of 50 feet. MR. YOVANOVICH: Let me explain that to you, okay? What they're saying is that if a boat dock extension is granted for 75 feet, you can't have a boathouse go out more than 50 feet. That's what the 50 -foot limitation is on. COMMISSIONER HALAS: Fifty foot into the water. MR. YOVANOVICH: Into the water, correct. If you get a boat dock extension for 70 -- let's say 100 feet, you couldn't come in and ask for a boathouse at the end of that dock. So that lot, by definition, could not have a boathouse. Now, regarding the side setbacks, if the lot is 30 feet wide and you have 15 feet on one side and 15 feet on the next side, that's 30 feet. You have a zero house. COMMISSIONER HALAS: The other question I have, I do a lot of boating in this particular area, and I can assure you that the only way that I can get back over here to the Back Bay Marina to pick up fuel or go to the fish house, is I have to run my -- as it stands right now, I have -- when I take my boat out, I navigate as close to those docks as possible, because that's where the deep water is. You go to the north of this area and you run into shoals. MR. YOVANOVICH: And Commissioner Halas, that is also something that will be addressed when someone asks for the boat dock extension, how far out can they go, and will they impede the traveling boat traffic. And if they will, they will not get a boat dock extension. CHAIRMAN HENNING: Okay, any further questions? Commissioner Coletta? COMMISSIONER COLETTA: Yes, if I may, I'd like to address this question to our county attorney. MR. WEIGEL: Thank you. COMMISSIONER COLETTA: Mr. Weigel, was there anything here in this process of asking for this variance that gave you concern? Page 63 Agenda Item No. 7A September 27, 2005 Page 73 of 88 September 9, 2003 MR. WEIGEL: No. Mr. Yovanovich is correct that their petition has come through the process properly, and they have provided, as -- in their submittal that which is required under the Land Development Code. If I may comment, Mr. Pires has indicated that he felt that there was information that wasn't provided that may, in prior submittals of a similar nature for a variance, have been provided to the Board of County Commissioners or the planning commission, which assist them in making their determination. That information is not required under our code and, therefore, is not a deficiency in allowing the petition to go forward. Mr. Yovanovich has, in responding to the most recent questions, has again stated, and correctly, that there is a petition process that goes forward with the planning commission, I believe, in regard to the length of extension that may come to be requested at some future point, and it will most expectedly have all of the issues relating to depth of water, relating to the appropriateness of the length of extension request, and that that is not a question that's actually formally before you today in regard to testimony of depths of water and things of that nature. They have discussed, the petitioner requests, the ability to construct, and the placement of a boathouse in regard to the extension that may occur would come at a later time and have some limitations based upon what you would provide today, if you were to approve the variance. You've had discussion in regard to whether there is a hardship related to the land or not. That is a decision that you have in every variance petition that comes before you. Is there -- is it a property owner created hardship or is it a hardship that, as we say, runs with the land, appears as part of the facts of the property that exist? You have on the record from various testimonials made here Page 64 Agenda Item No. 7A September 27, 2005 Page 74 of 88 September 9, 2003 that the property has limitations, it does have some use that is allowed for it presently, it cannot -- although it's within an RS -4 zoning area, it is of too small dimension to support residential and other principal uses for that parcel. There have been -- the board, as Ms. Maggio and others have pointed out, have approved certain uses related to launching of craft into the water. Those pertain to these properties today. And I think that's my summary. CHAIRMAN HENNING: Thank you. Any other questions? COMMISSIONER COLETTA: No, just a comment, if I may. I was very pleasantly surprised about how code enforcement's been actively involved in that area, when I seen that list of violations. And regardless of what the outcome of this Commission's decision will be, I hope that they continue that effort. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeah, I'll just make a comments also. CHAIRMAN HENNING: We'll close the public hearing, if there's no further questions of staff. MR. YOVANOVICH: Oh, you're done? I didn't hear that, I'm sorry. CHAIRMAN HENNING: Well, we haven't -- haven't closed the public hearing. But if we don't have any questions of staff or the petitioner, then we can -- let's close the public hearing and make our comments and formulate a motion. Entertain to close the public hearing. Any objections? (No response.) CHAIRMAN HENNING: Seeing none, the public hearing is closed. Commissioner Fiala, thank you. Page 65 Agenda Item No. 7A September 27, 2005 Page 75 of 88 September 9, 2003 COMMISSIONER FIALA: Thanks. I'm really wrestling with this. One of the reasons is because we're trying to encourage boat access, and we find that there are less and less areas where people can park their boats -- I don't know what the proper word is. CHAIRMAN HENNING: Moor. COMMISSIONER FIALA: Moor their boats. I'm not a boater. And yet we try and protect property rights. Everybody on this -- on these 33 lots already has a right to build a dock, from what we've heard today. They have a right to have two boats on each dock, while at the same time they are prohibited from renting them. Obviously not everybody has taken that prohibition seriously, but they are prohibited to do that. We want to protect these people in the area by not encourage -- or by prohibiting -- let me use that word strongly -- by prohibiting any marinas or any commercial activity whatsoever. Yet at the same time I'm putting myself in the people who own these lots' shoes. And I'm thinking, you know, if I had a boat dock, I would sure like something to cover my head and just to protect me while I'm cleaning my boat, while I'm cleaning my fish, whatever it is, and to protect the boat itself and possibly lift it out of the water so that you can protect the engine. I took a look at the boathouses up close and personal. I wanted to just see with my own eyes. Actually, I didn't find them offensive. A lot of them were shrouded by all of the mangroves that are there already. And so I'm having -- I'm really wrestling with I want to protect these people's right, but I think we can put limitations on these boathouses. All they're doing is requesting boathouses now, they're not talking about docks or anything. We can put limitations as far as rentals, marinas and commercial activities, as well as the structure itself, and maybe we can come up with a compromise for both sides here. Page 66 Agenda Item No. 7A September 27, 2005 Page 76 of 88 September 9, 2003 CHAIRMAN HENNING: Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: You know, this, in my opinion, is not an issue of boat access. The boat access will occur whether there's a boathouse and a boat cover or not. The problem I have here is that the fundamental principles which lead us to allow boathouses for single - family residents are substantially different when you're talking about a boat lot that is not -- does not have a principal residence, and is substantially narrower than a principal residence. And to summarize that essentially, I'm saying that I believe it's necessary to have different requirements for a 100 -foot wide lot rather than a 30 -foot wide lot. So I think there are reasons why these smaller lots should not have the same privileges that a larger residential lot might. But in fact, the rights of these property owners has been extended by prior commissioners to include rights which don't exist for anyone else, which is zero lot line construction. I think the owners of these lots are very fortunate to have the lots in a place to launch their boats. I think it's a good thing. But I think if you push the envelope too far, you might lose some of those rights. And I think the envelope has been pushed about as far as it needs to be pushed, quite frankly. I think the zero lot line issue was probably a mistake by a prior commission, and to compound that by permitting the construction of either soft covers or hard covers and line them up along a shoreline in this manner in the midst of a residential community leaves the impression of a commercial marina sitting right there in the middle of this community. I'm a boater too, and I've been out there and I've spent time looking at these things, and the people have some pretty nice docks there. And that's good. But I don't have a boathouse. I've had the Page 67 Agenda Item No, 7A September 27, 2005 Page 77 of 88 September 9, 2003 boat there for almost 10 years. I don't have a boat cover -- a cover over the boat. I have a boat cover that protects my boat. Boathouses are no longer even permitted in all of the City of Naples, nor are boat covers of any kind. There are thousands of people who have boats and they do not have covers over their docks, and they survive quite well, and they launch their boats quite well, and their boats survive. So I have to tell you that I'm not excited about continuing this progression of variances which started back some years ago. I think it's gone as far as it should go. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I concur wholeheartedly and I feel the same way, that I think boathouses have gotten to the point where they're getting out of hand. And I hope some day that we can change the codes accordingly. I also look at these lots that -- again we're affording the ability here of the people that own those lots to build docks in current standards that's available to them, and I don't feel that we need to push the envelope any farther, as Commissioner Coyle said here. But I think also, this is just a tip of the iceberg in regards to what this county is faced with in the upcoming years with access to the waterways. I think this is just the start of what we're involved with as we find that land values near the water increase in value to the point where we lose a lot of these precious marinas, whereby people could store boats and keep them covered in commercial storage. I'm doing everything possible to ask individuals that presently have any type of marinas to try to expand on that so that we can have additional boat storage. So I think this is only just the beginning. And I also look that this is a residential area, and if you look at what they have there, they have a nice home and they have a boat dock and possibly a boathouse in the back of their yard, which is Page 68 Agenda Item No. 7A September 27, 2005 Page 78 of 88 September 9, 2003 afforded them through the codes as they presently are in the community. But when you look at a lot that's strictly defined as a boat lot, I have to go along with Commissioner Coyle, that where this lot is strictly a boat lot, they should not have the same requirements or they shouldn't have the same requirements as somebody with a house. So that's where I stand on that. CHAIRMAN HENNING: Okay, great. I'm going to ask for a motion here, and then before I do that, I just want to give my two cents. This is an accessory use to a principal structure. There is no principal structure. If the property is assessed as residential property, there is no resident there, accessory use, how can we approve this accessory use? Just like if I had a lot in Golden Gate Estates, can I put a garage up there without putting the house up? I can tell you that I would catch holy heck by neighbors around there if I tried to do that. Couldn't get a permit. And can you imagine trying to get a variance? What would it look like, a commercial operation for storage? COMMISSIONER COYLE: Put it on your neighbor's lot. His garage is on your -- CHAIRMAN HENNING: His shed is. That's where the property appraiser's lines are. But anyways, with that I'll entertain a motion. COMMISSIONER HALAS: I entertain a motion for denial. CHAIRMAN HENNING: Is there a second? COMMISSIONER COYLE: I'll second. CHAIRMAN HENNING: There's a motion by Commissioner Halas, second by Commissioner Coyle for denial. Any discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by Page 69 Agenda Item No, 7A September 27, 2005 Page 79 of 88 September 9, 2003 saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS : Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER COLETTA: Opposed. CHAIRMAN HENNING: Commissioner Coletta opposed. We have an agreement with our court reporter to give her a break every so often. I think this is the so often. So let's take a five- minute break. MR. MUDD: Commissioners, if you may, I'd like to jump to 10(E) after the break. CHAIRMAN HENNING: Sure. MR. MUDD: After that item we can start the Parklands issue. CHAIRMAN HENNING: Okay. (A short recess was held.) CHAIRMAN HENNING: Everybody take their seats, please. We are moving on to -- MR. MUDD: Item 10(E). Item #I OE APPROVING DONATION AGREEMENTS AND ACCEPTING WARANTY DEEDS FROM OLDE CYPRESS DEVELOPMENT, LTD., FOR OLD CYPRESS UNIT ONE, TRACT R -3, TRACT O AND A PORTION OF TRACT R -1 FOR THE PURPOSE OF FUTURE RIGHT -OF -WAY TO BE KNOWN AS LOGAN BOULEVARD NORTH AND TO APPROVE A LANDSCAPE MAINTENANACE AGREEMENT WITH OLDE CYPRESS DEVELOPMENT. (NORMAN FEDER, ADMINISTRATOR, TRANSPORTATION SERVICEN) — APPRO31ED WICHANGF4 Page 70 Agenda Item No. 7A September 27, 2005 Page 80 of 88 March 16, 2004 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Boathouse Workshop Board Meeting Room E, 3rd Floor, Administration Building 3301 Tamiami Trail East, Naples, FL 34112 9 o'clock a.m., March 16, 2004 LET IT BE REMEMBERED, that the Collier County Board of County Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 9 o'clock a.m., in WORKSHOP SESSION in Board Meeting Room E, 3rd Floor, Administration Building, 3301 Tamiami Trail East, Naples, Florida, with the following members present: Chairman: Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice Chairman, District 4 Frank Halas, Commissioner, District 2 Jim Coletta, Commissioner, District 5 Absent: Torn Henning, Commissioner, District 3 Collier County Staff: Joe Schmidt, Administrator Community Development and Environmental Services; Susan Murray, Ross Gochenaur, Zoning and Land Development Review; Brad Shiffer, Planning Commission, Dwight Richardson, Planning Commission Page 1 Agenda Item No. 7A September 27, 2005 Page 81 of 88 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "A. WORKSHOP AGENDA March 16, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice - Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Chairman, 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. 1 March 16, 2004 Agenda Item No. 7A September 27, 2005 Page 82 of 88 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, 341129 (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Staff Presentation/Overview of Boathouses 2. Code Enforcement Update — Canvas Boathouse Covers 3. Public Comments 2 Marcb 16, 2044 Agenda Item No. 7A September 27, 2005 Page 83 of 88 March 16, 2004 The Collier County Board of County Commissioners, Boathouse Workshop meeting was called to order Tuesday, March 16, 2004 at 9:00 a.m. by Commissioner Coletta. The Pledge of Allegiance was said. An announcement was made that Frank Cavork, the Big Corkscrew Fire District Chief passed away. He was a dedicated public servant. He did great stuff for the community, his fire district, and it will be a tremendous loss for this community. I. Staff Presentation / Overview of Boathouses Ross Gochenaur, Zoning and Land Development Review — gave the LDC definition of a boathouse as "roofed accessory used to a residential structure adjacent to a waterway, open on all sides, and providing covered protection to a boat and accessories ". It is basically utilitarian. Prior to 1996, boathouses were approved administratively. In 1996 the board directed that it be made a conditional use. This only lasted for a little less than a year. During that time, there were only five (5) boathouses approved. In 1997, the board directed that a petition be presented to the Planning Commission. At this time, criteria was developed to try to control boathouse approval. Those criteria are basically the same that are in place today. Mr. Gochenaur listed the criteria, and showed slides of boathouses that were approved, after -the -fact approval, legal nonconforming, permit status uncertain, or illegal. Since the code change in 1997, changing to petition under current criteria, eighteen (18) boathouse petitions have been approved, and one (1) denial. The question of prohibiting boathouses in the county was primarily a response to concerns of the property owners in the Vanderbilt Area. Their concerns are impact on view, impact on property values caused by perceived degradation of view, and aesthetics. The proposed action is to prohibit boathouses as a permitted accessory use in Collier County. Similar bans were imposed in Naples and Marco. Naples banned boathouses in 1967. They currently allow what is called a boat shelter, which is a cover an inset boat slip. There are very few of these boat slips in Collier County and getting new inset boat slips in problematic, depending on the permitting agencies involved. According to today's code, if you had such a slip and you wanted to put a cover over it, that cover would have to meet the setback for the principal structure, which would really be prohibited in most cases. So practically speaking, these aren't really a consideration in Collier County. Marco banned boathouses in 1998 with the concerns of obstruction of view and general aesthetic considerations, becoming unsightly as they deteriorate, and failure of poorly built or aging structures in bad weather. The last two (2) are pretty much the responsibility of the property owner and that can be applied to any structure. The county doesn't particularly like unsafe structures, whether they are garages, sheds, or Page 2 Agenda Item No. 7A September 27, 2005 Page 84 of 88 March 16, 2004 boathouses. The existing development criteria for boathouses focus on the impact on view and aesthetics. They also provide guidance for property owners who want to construct boathouses. The physical placement and the construction are addressed. They are entirely objective criteria as they stand now. They provide directions for creating a boathouse design that would meet code. They enable the planning commission to adequately evaluate each application. They limit appeals of decisions of the planning commission that could be based on allegations that their decisions weren't based on competent and sufficient evidence. They can avoid potential litigation if the appeal were denied by the board. There is the obligation to tell property owners what they need to do. Control of view and aesthetics by setback, protrusion limit, height limit, limiting the number allowed on the property, prohibiting enclosure, roofs must match the roof to the house or be chickee, and by siting the boathouse so that it has the minimal impact practical on adjacent property owners. The impact of a countywide ban would limit the ability of property owners to protect valuable property. The boats are valuable. The boathouses are practical. The ban would also render existing boathouses legally nonconforming. Alternatives were considered, none of which were particularly appealing. There is the possibility of limiting it to a specific area through a zoning overlay, but an overlay that addressed a single accessory structure would probably not be desirable. Limiting roof area was considered, but since the view of the boathouses from the side, the actual roof area in terms of square feet doesn't have a great impact on the view and wouldn't make a great difference. Restricting boathouses to lots that have a certain amount of waterfront was considered, the larger lots would be allowed to have boathouses and the smaller lots would not. The Vanderbilt Beach area has relatively large lots and the zoning district requires a minimum of eighty (80) feet and the platted lots are larger. The end result was that if they tried to ban on the base of waterfront footage, the only place that boathouses would be allowed, in the entire county would be Port of the Islands. Current status, the Land Development Code allows a boathouse to be completely built within the original envelope and the original dimensions. Alternatives to the Current Code Treatment of Legal Nonconforming Boathouses are that we can prohibit reconstruction and repairs entirely. We can allow reconstruction and repair with administrative approval, or we can allow them with Planning Commission or Board of Zoning Appeals approval. Charlotte and Lee County don't control boathouses, or have no ban on boathouses. The City of Marco and the City of Naples do. In Naples, reconstruction of existing boathouses is simply not addressed, which Mr. Gochenaur takes to mean that it is not permitted. Marco allows reconstruction of boathouses in stages, if you had a building permit to begin with, you can apply to the Zoning director or the Planning director for permission to do it. If there is a building permit, but no certificate of completion, it would require Planning Commission approval. If there is no building permit, then it requires the approval of City Council as well as the Planning w Board. Page 3 Agenda Item No. 7A September 27, 2005 Page 85 of 88 March 16, 2004 We need your guidance on the following: Prohibit Boathouses or eliminate boathouses, or both Prohibition would be no new boathouses Elimination would be removal of existing boathouses as well Aspects to consider here: Should they be grand- fathered in or Consider amortization For existing structures, what would be the build back policy Would this be a countywide basis or Apply this to specific areas Commissioner Donna Fiala — Isles of Capri has more boathouses than any other place in the entire county, even combined, and it has never been a problem on Isles of Capri. Commissioner Fiala would like to talk to the people that live on Isles of Capri before there is any decision made. That would greatly affect that community and the property owners are happy the way they are now. Commissioner — has tried to get a response from people in his district, positive or negative. He expressed concern about this being countywide, and is inclined to agree with Commissioner Fiala. This appears to be a problem that is inherit to the coastal area, Vanderbilt Beach. On overlay in the Vanderbilt Beach Area, and in District Two (2), that would include Bonita Shores was suggested. Commissioner Fiala would support this. Commissioner Coyle — If Commissioner Halas believes that his community would like to eliminate these, Commissioner Coyle would be happy to support him on this, but would be reluctant to a countywide ban without speaking to the community of Haldeman Creek. The issue in Vanderbilt Beach has been clearly defined. It is not the first time that it has been presented to the Board of County Commissioners. Pubic Speakers: Susan Stiffle — lives in Vanderbilt Beach area, officer of the Vanderbilt Beach Property Owners Association. Ms. Stiffle spoke of pictures that she had taken in the neighborhood recently, most of which were seen in the Power Point Presentation. Ms. Stiffle has counted twenty -one (21) boathouses with covers. Ms. Stiffle stated that there are tons of code violations in the neighborhood. A lot of the boathouses in Vanderbilt Beach area are Page 4 Agenda Item No. 7A September 27, 2005 Page 86 of 88 March 16, 2004 a safety issue. A lot of the existing structures have no connection to current Hurricane standard construction. The canvas tops are an issue. Ms. Stiffle counted twenty -one (21) in her neighborhood and didn't do all the canals in the neighborhood. Supposedly, none of those have a permit, because they are not legal. People are abusing the privilege of the boathouse. That is pure and evident. Ms. Stiffle would support Frank's proposal of having an overlay in District Two (2) to ban the boathouses, but also need to consider grand- fathering in conforming boathouses and ones that could possibly be made conforming. Chris Carpenter — Vanderbilt Beach Resident and Director of Vanderbilt Beach Property Owners Association. B.J. Boyer could not be present at the meeting. Ms. Carpenter read a letter from Ms. Boyer. Doug Fee — about six months ago, in the North Bay area, there was a companion petition that came forward. There were approximately twenty (20) boathouses addressed on this petition. In that petition, there were rooflines that were brought out to the property line, a zero lot line. This was brought to the BCC. The petition was ultimately turned down. Mr. Fee is here to support the thought of eliminating for the future. Brad Shiffer, Planning Commission — the evolution of the code that sets up the criteria that we have to look at in order to make the decisions on each of these submissions, has evolved in a very tight manner, to that point that by the time Ross gets through with the application and gets the material in front of the Planning Commission, there is little degree of freedom to do anything except what has been submitted. They have taken out most of the subjectivity. When the Planning Commission hears the submission, the petition, the neighbors show up and share their objections. There is a hardship of figuring out how to be responsive to public concerns and yet apply the code in an even - handed manner. As Ross pointed out the Planning Commission has only succeeded in one case, where it was so egregious that they were able to site the health, safety and welfare rules to get it turned down. For the most part, the Planning Commissions hands are tied. This may not be the best idea for the entire county. Mr. Shiffer would support an aborting recommendation and get out of this mess. A maximum width of forty (40) to fifty (50) feet was suggested. Commissioner Jim Coletta — District five (5) will not support this. Be site specific. He does not feel that there is a problem, and is for the code that is there right now. Commissioner Fiala — clarified what Commissioner Coletta stated. What is wanted for -- the Vanderbilt area is great; just leave the rest that don't have a problem at all. Page 5 Agenda Item No. 7A September 27, 2005 Page 87 of 88 March 16, 2004 Commissioner Coyle — asked Commissioner Halas if he would like to also have limitation on the sizes of the boathouses included in the overlay of District 2. Commissioner Halas — Yes. 50 feet or less would be acceptable. Commissioner Fiala — asked Commissioner Halas if he would like this to pertain to all of District 2 or just specifically Vanderbilt Beach and Hickory Shores. Commissioner Halas — anything west of US41 in District 2. Rebuilding would be that people that presently have boathouses that are conforming to the existing code, they would have the ability to build back, but the ones that nonconforming should not be built back or be very difficult to get any type of permit. Commissioner Fiala — The ones that are nonconforming because of the roof isn't the same as the house, would you then allow them to put the new roof on or you have them tear it down? Commissioner Halas — If it is nonconforming, then it's not within the criteria of present code, so yes. District 21 west of US 41: Existing nonconforming structure, a build back policy, if the structure needs to be built back more than fifty percent, it will need to be torn down. Fifty percent or less can be built back under the conforming codes that we presently have. It was also suggested that if the existing structures are nonconforming, regardless of the percentage, they will not be allowed to build back. Commissioner Fiala — The 50 feet the limit for the boathouses would not come into play if there were a ban on the boathouses. The rule for nonconforming boathouses can be changed so that if fifty percent or more of the roof is destroyed or it needs to be reconstructed, you will be denied a building permit. Once the boathouse is gone, you may not build it back. Commissioner Fiala — Notification through newsletters to inform the community what kind of rules are being proposed. A property owner that doesn't have the right roof color on their boathouse might be in opposition to this. Page 6 Agenda Item No, 7A September 27, 2005 Page 88 of 88 March 16, 2004 There being no further business for the good of the County of Collier, the meeting was adjourned by the order of Commissioner Donna Fiala. Bo County Commissioners ard Chai onna i a ATTEST: DWIGKT- t'.1WPCK, CLERK St as to ctlmr%aa' $ tt�tur� oalr.. These rnjnutes .approved by the Board on o as presented or as corrected k Page 8 Agenda Item No. 7B September 27, 2005 Page 1 of 36 EXECUTIVE SUMMARY Petition: VA- 2005 -AR -7444 Terry & Charlotte Rhodes, represented by McGarvey Custom Homes, request a variance to reduce the east side yard from the required 30 -foot setback of the Rural Agricultural Mobile Home Overlay zoning (A -MHO) district, to 21.1 -feet to authorize replacement of an existing pool fence with a proposed screen enclosure. The subject parcel is located at 11230 Five Oaks Lane, further described as Township 48 South, Range 27 East, Lot 64, Block E, Twin Eagles Subdivision Phase I, Plat Book 30, page 78 Collier County, Florida OBJECTIVE: To have the Board of County Commissioners determine whether the requested variance is consistent with the Collier County Growth Management Plan (GMP) and Land Development Code (LDC) and is in the best interest of the community. CONSIDERATIONS: The petitioner is requesting a variance to reduce the east side yard setback from the required 30- feet to 21.1 -feet to authorize replacement of an existing pool fence with a screen enclosure. The subject property is zoned Rural Agricultural District- Mobile Home Overlay (A -MHO). The existing single - family dwelling is a permitted use in the A -MHO district (LDC Section 2.04.03 Table of Land Uses in Each Zoning District). The existing home and fence meet minimum Land Development Code setback requirements (Collier County Building Permit #2002022393). The LDC does not restrict the location of fences in the A -MHO district. The Collier County Land Development Code (LDC) requires a minimum 30 -foot side yard setback for principal and accessory structures in Agricultural Zoned districts (LDC Section 2.07.00 Table of Setbacks for Base Zoning Districts, and Table 4 of LDC Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures). The proposed screen enclosure is listed in the LDC as an accessory structure, and as such, is required to meet the minimum 30 -foot side setback. The petitioner maintains that the reduced setback is appropriate because certain single - family zoning districts allow a 1.0 -foot setback for waterfront side yards (this property abuts a lake in the rear). In fact, that 10 -foot setback only applies to waterfront side, not rear yards. Furthermore, the most similar single- family zoning district requires a 30 -foot side yard setback, waterfront or otherwise, which is the same required for the A -MHO district. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. RHODES VARIANCE, VA- 2005 -AR -7444 EXECUTIVE SUMMARY Page 1 of 3 Agenda Item No. 7B September 27, 2005 Page 2 of 36 GROWTH MANAGEMENT IMPACT: The subject property is located in the Agricultural /Rural Fringe Mixed Use District, Receiving Lands designation of the Future Land Use Map of the GMP. Variances are not specifically addressed in the GMP, therefore there is no GMP impact associated with the variance. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The EAC did not review this petition because the EAC does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the Rhodes Variance at its August 18, 2005 meeting. The petition was continued because staff was asked to investigate if the development standards contained in the Rural Fringe Mixed Use District Overlay would permit the accessory screen enclosure as it is proposed, without the need to request a variance to reduce the 30 foot side yard required in Agricultural zoned properties. Analysis of the Rural Fringe Mixed Use Overlay, Section 2.03.08.A.4.a.iii, indicates that the minimum yard requirements are the same as in the subject parcel's underlying zoning (A -MHO). The petitioner requested that the item be heard at the September 15, 2005 CCPC meeting. The Department of Zoning and Land Development Review Staff recommendation to the CCPC remains the same: that the CCPC forward a recommendation of denial of petition VA- 2005 -AR- 7444 to the Board of Zoning Appeals (BZA). The CCPC voted 8 to 0 to forward this petition to the BZA with a recommendation of denial. The Planning Commissioners found this petition was not consistent with the variance criteria listed in Section 9.04.03 of the Land Development Code. This included their finding that there was no land related hardship related to this petition. Because the CCPC 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 determination by the Collier County Planning Commission (CCPC) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 9.04.03 of the LDC. These evaluations are completed and have been incorporated into the attached staff report. RHODES VARIANCE, VA- 2005 -AR -7444 EXECUTIVE SUMMARY Page 2 of 3 Agenda Item No. 713 September 27, 2005 Page 3 of 36 The Board of County Commissioners must utilize 8 criteria in considering a variance petition (see professional planning staff analysis). This analysis appears on pages 9 and 10 of the Staff Report and is summarized below: It must be understood that the Staff Report and Executive Summary are only part of the picture. There will be evidence presented by the petitioner, and members of the public may speak at the hearing on this item. The Board must also take into consideration that testimony as it relates to GMP consistency and the 8 standards for consideration for the variance. The Board of County Commissioners may impose reasonable stipulations, safeguards, or restrictions upon the variance. These stipulations, restrictions or safeguards include those requirements necessary to protect adjacent or nearby properties from any adverse impacts of the variance. A simple majority is required to approve a variance. SUMMARY: Staff has analyzed the guidelines associated with the variance request and has determined that there are no land - related hardships associated with the variance. There are no conditions that ameliorate the impact of the reduction of the east side yard setback. The petitioners would be able to enjoy a reasonable use of the land whether the variance is approved or not. As noted above, the GMP does not address specific variances requests; it addresses the land use that is proposed. RECOMMENDATION: Staff recommends the Board of Zoning Appeals deny Petition VA- 2005 -AR -7444. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review RHODES VARIANCE, VA- 2005 -AR -7444 EXECUTIVE SUMMARY Page 3 of 3 Agenda Item No. 7B September 27, 2005 Page 4 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 78 Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA- 2005 -AR -7444 Terry & Charlotte Rhodes, represented by McGarvey Custom Homes, request a variance to reduce the east side yard from the required 30 -foot setback of the Rural Agricultural Mobile Home Overlay zoning (A -MHO) district, to 21.1 -feet to authorize replacement of an existing pool fence with a proposed screen enclosure. The subject parcel is located at 11230 Five Oaks Lane, further described as Township 48 South, Range 27 East, Lot 64, Block E, Twin Eagles Subdivision Phase I, Plat Book 30, page 78 Collier County, Florida. Meeting Date: 9/27/2005 9:00:00 AM Approved By Ray Bellows Chief Planner Date Community Development & Zoning &Land Development Review 91712005 3:21 PM Environmental Services Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/1212005 8:32 AM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning &Land Development Review 9/1412005 5:30 PM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 9116/2005 12:41 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 911612005 12:45 PM Environmental Services Environmental Services Admin. Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & 911612005 3:23 PM Environmental Services Environmental Services Admin. Approved By Jennifer A. Beipedio Assistant County Attorney Date County Attorney County Attorney Office 9116/2005 3:34 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/2012005 2:29 PM Approved By Agenda Item No. 713 September 27, 2005 Page 5 of 36 Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/20/2005 2:56 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/20/2005 5:14 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/21/2005 9:49 AM Agenda Item No. 713 September 27, 2005 Page 6 of 36 Co er County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 15, 2005 RE: PETITION: VA- 20052 -AR -7444 (RHODES VARIANCE) SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission heard the Rhodes Variance at its August 18`", 2005 meeting. The petition was continued because staff was asked to investigate if the development standards contained in the Rural Fringe Mixed Use District Overlay would permit the accessory screen enclosure as it is proposed, without the need to request a variance to reduce the 30 foot side yard required in Agricultural zoned properties. The petitioner requested that the item be heard at the September 15, 2005 Planning Commission meeting. The subject parcel is located in a non - clustered sub - division. Analysis of the Rural Fringe Mixed Use Overlay, Section 2.03.08.A.4.a.iii, indicates that the minimum yard requirements for non - clustered developments are the same as in the subject parcel's underlying zoning (A -MHO). The Department of Zoning and Land Development Review Staff recommendation remains the same. Staff recommends that the Planning Commission forward a recommendation of denial of petition VA- 2005 -AR -7444 to the Board of Zoning Appeals. ATTACHED INFORMATION: The Staff Report prepared for the August 18, 2005 Planning Commission meeting is attached. PREPARED BY: CAROLINA VALERA, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR Agenda Item No. 7B September 27, 2005 Page 7 of 36 DATE DATE DATE DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the September 27, 2005 Board of County Commissioners Meeting FROM: Agenda Item No. 713 September 27, 2005 Page 8 of 36 Co1l'ier County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 18, 2005 SUBJECT: PETITION VA- 2005 -AR -7444 (RHODES VARIANCE) PROPERTY OWNER/AGENT: OWNER: Terry and Charlotte Rhodes 11230 Five Oaks Lane Naples, Florida 34120 REQUESTED ACTION: AGENT: McGarvey Custom Homes 27599 Riverview Center Boulevard Suite 105 Bonita Springs, FL 34134 The applicant requests a variance to reduce the east side yard from the required 30 -foot setback of the Rural Agricultural Mobil Home Overlay zoning district, to 21.1 -feet to authorize replacement of an existing pool fence with a proposed screen enclosure. GEOGRAPHIC LOCATION: The subject parcel is located at 11230 Five Oaks Lane, further described as Township 48 South, Range 27 East, Lot 64, Block E, Twin Eagles Subdivision Phase I, Plat Book 30, page 78 Collier County, Florida (see location map on the following page). VA- 2005 -AR -7444 Page 1 of 11 Agenda Item No. 7B September 27, 2005 Page 9 of 36 VA- 2005 -AR -7444 Page 2 of 11 0. CQ G WL CO V! 5Q G Z LO r Q U O N O O N J 3 � � 0 e ' � eaR OO F5� ^tg3S� �a93� �pa3� a a5� z a� a R R �s R $ 3 9�9 d � 3 4 H 4 y VA- 2005 -AR -7444 Page 2 of 11 0. CQ G WL CO V! 5Q G Z LO r Q U O N O O N J amv7ia wr�r ' � eaR OO F5� ^tg3S� �a93� �pa3� a5� a� a �s $ 3 H y '00 331 R �R 3 i i ss � R � 4� R ry tgaS 1.UI E' [R4�» 7 aw�no� rrm VA- 2005 -AR -7444 Page 2 of 11 0. CQ G WL CO V! 5Q G Z LO r Q U O N O O N J Agenda Item No. 713 September 27, 2005 Page 10 of 36 PURPOSEIDESCRIPTION OF PROJECT: The petitioner is requesting a variance to reduce the east side yard setback from the required 30- feet to 21.1 -feet to authorize replacement of an existing pool fence with a screen enclosure. The subject property is zoned Rural Agricultural District -Mobil Home Overlay (A -MHO). The existing single- family dwelling is a permitted use in the A -MHO district (LDC Section 2.04.03 Table of Land Uses in Each Zoning District). The existing home and fence meet minimum Land Development Code setback requirements (Collier County Building Permit #2002022393). The LDC does not restrict the location of fences in the A -MHO district. The Collier County Land Development Code (LDC) requires a minimum 30 -foot side yard setback for principal and accessory structures in Agricultural Zoned districts (LDC Section 2.07.00 Table of Setbacks for Base Zoning Districts, and Table 4 of LDC Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures). The proposed screen enclosure is listed in the LDC as an accessory structure, and as such, is required to meet the minimum 30 -foot side setback. The petitioner maintains that the reduced setback is appropriate because certain single- family zoning districts allow a 10 -foot setback for waterfront side yards (this property abuts a lake in the rear). In fact, that 10 -foot setback only applies to waterfront side, not rear, yards. Furthermore, the most similar single - family zoning district requires a 30 -foot side yard setback, waterfront or otherwise, which is the same required for the A -MHO district. SURROUNDING LAND USE & ZONING: North: Bonita Bay East Golf Club, Zoned A -MHO East: Single - family house, zoned A -MHO South: Drainage and lake maintenance easement within the A -MHO district West: Bonita Bay East Golf Club, Zoned A -MHO suB ii PROP ZONING MAP VA- 2005 -AR -7444 Page 3 of 11 Agenda Item No. 78 September 27, 2005 Page 11 of 36 I� I � Za�i A Z sti � r o of �n e0,90,` oW ao rb a � N.89'09'18'E. 92.64 v,� - - -- o n �O 1' _ - N.89109'18'E. 92.64' e ! � O I r ~ o � Q m X5 L ai � ° '0 � �a NI �o x I p =• , y I • I e� y S' 95.72' D I 5.77'49'46'W' v a ti a � 2 A ' v k N.88'52'07E. 286.27' 0 PARTIAL SITE SURVEY (Existing conditions) VA- 2005 -AR -7444 Page 4 of 11 E� �t3 'br 'a 1 195 fn t DETAIL OF PARTIAL SITE SURVEY (Existing conditions) VA- 2005 -AR -7444 Page 5 of 11 Agenda item No. 7B September 27, 2005 Page 12 of 36 F%-4% ON as s W, FENC '5I' son Agenda Item No. 7B September 27, 2005 Page 14 of 36 AERIAL PHOTO EXISTING CONDITIONS VA- 2005 -AR -7444 Page 7 of 11 le � AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY• Agenda Item No. 713 September 27, 2005 Page 15 of 36 The subject property is located in the Agri cultural /Rural Fringe Mixed Use District, Receiving Lands designation of the Future Land Use Map of the GMP. The GMP does not address individual variance requests, but focuses on the larger issue of the actual land use. The subject petition seeks a variance from the dimensional standards for a single - family house; 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 although the variance request is not specifically addressed. VA- 2005 -AR -7444 Page 8 of 11 Agenda Item No. 78 September 27, 2005 Page 16 of 36 ANALYSIS: Section 9.04.01 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03 A through H, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the responses to the items in Section 9.04.03 as follows: 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? There is no land- related hardship. The lot is situated in a platted, developed subdivision. The use of the subject property, a single family dwelling, is allowed in the A -MHO district, where the minimum side yard setback for accessory screen enclosures (30 -feet) is the same as for the closest comparable residential district (RSF -1). Absent this variance approval, the petitioners would still have a reasonable use of the property. 2. Are there special conditions and circumstances, which do not result from the action of the applicant, such as pre- existing conditions relative to the property, which is the subject of the variance request? No. The existing home and pool fence on the subject site meet all required Collier County Land Development Code yard setbacks. The petitioner's request for a variance for a proposed screen enclosure is sought after building permits for the home and pool fence had been issued. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary or undue hardship on the applicant or create practical difficulties for the applicant? No. The absence of this variance would not create unnecessary or undue hardship. The existing pool fence meets LDC and Building Code requirements. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The variance is the minimum required to permit the screen enclosure as it is proposed. Absent of the variance, a screen enclosure may be permitted if the site plan is redesigned and the location of the screen enclosure is modified to meet the LDC side setback, which may involve reconfiguration of the pool and pool deck. Approval of the variance will not have a negative impact on the standards of health, safety and welfare. 5. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The granting of the variance would allow a house with a smaller side yard than other houses within the subdivision where the subject property is located, as well as, in the rest of VA- 2005 -AR -7444 Page 9 of 11 Agenda Item No. 713 September 27; 2005 Page 17 of 36 the A -MHO zoning district, thus conferring a dimensional departure from the Land Development Code requirements. 6. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. The Collier County Land Development Code provides for specific required side yard setbacks; therefore, this variance will not be in harmony with the LDC. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will be consistent with the GMP since it will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are no land- related hardships associated with the variance. There are no conditions that ameliorate the impact of the reduction of the east side yard setback. The petitioners would be able to enjoy a reasonable use of the land whether the variance is approved or not. Zoning and Land Development Review staff recommends that the Planning Commission forward a recommendation of denial of petition VA- 2005 -AR -7444 to the Board of Zoning Appeals. VA- 2005 -AR -7444 Page 10 of 11 Agenda Item No. 7B September 27, 2005 Page 18 of 36 PREPARED BY: CAROLINA VALERA, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: JENNIFER A. BELPEDIO DATE ASSISTANT COUNTY ATTORNEY RAYMOND V. BELLOWS, 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 ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the September 13, 2005 Board of County Commissioners Meeting VA- 2005 -AR -7444 Page 11 of 11 Agenda Item No. 7B September 27, 2005 Page 19 of 36 RESOLUTION 05 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER VA- 2005 -AR- 7444, TO REDUCE THE SIDE YARD REQUIREMENTS FOR THE A -MHO DISTRICT TO AUTHORIZE THE REPLACEMENT OF AN EXISTING POOL FENCE WITH A SCREEN ENCLOSURE, ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in 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 (LDC) (Ordinance No. 2004 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability to reduce the east sideyard from 30 -feet to 21'1" feet to authorize replacement of an existing pool fence with a screen enclosure, as shown on the attached plot plan, Exhibit "A," in an A -MHO Zoning district for the subject property, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with LDC Section 9.04.00; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that Petition VA- 2004 -AR -7444, filed by McGarvey Custom Homes, representing Terry and Charlotte Rhodes, with respect to the subject property hereinafter described as: Township 48 South, Range 27 East Lot 64, Block E, TwinEaglesPhase I, Plat Book 30, Page 78, , Collier County, Florida be and the same hereby is approved for a 8'11" variance from the side yard requirement of 30- feet to 21'1" feet authorize replacement of an existing pool fence with a screen enclosure as shown on the attached plot plan, Exhibit "A," in the A -MHO Zoning District subject to the following conditions: Agenda Item No. 7B September 27, 2005 Page 20 of 36 1. The variance granted is limited to the accessory structures, depicted and more particularly described on attached plot plan, Exhibit A. 2. If the principal residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2004 -AR -7444 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 2005. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ,Deputy Clerk Approved as to Form and Legal Sufficiency: Jenni er A. Belk 'o Assistant County Attorney VA-2004-AR-7444/CV/de FRED W. COYLE, CHAIRMAN 2 *. - - -0 Agenda Item No. 7B September 27, 2005 Page 21 of 36 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLUERGOV.NET (239) 403 -2400 FAX (239) 643- 6968 VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DISTRICT) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER RE-SUBMITTAL VA-2005-AR-7444 PROJECT ##2004080027 DATE: 68105 CAROLINA VALERA Above to be completed by 047 I APPLICANT /AGENT INFORMATION - - --I NAME OF APPLICANT(S) ADDRESS '! C)0-4% L� CITY _ l eS STATE LL ZIP 3 •-I I Z.O TELEPHONE #-,3-0-4 • i -10 CELL # FAX # E-MAIL ADDRESS:----� NAME OF AGENT I` Q_ G4r ADDRESS QQ Q .2-1519 RiV�uiRt.: C1Y U(d CITY Ri'a _STATE —LE- ZIP 3 3 TELEPHONE - -CELL # _ FAX # 9 Variance Application m. 12/23/04 E -MAIL r �1GRQ ('010 71r1S. ADDRESS: n Agenda Item No. 7B September 27, 2005 Page 22 of 36 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. -ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets If necessary. NAME OF HOMEOWNER ASSOCIATION: ^Two ?\ E04k%S — 9_rQP;!!-*L4__ MAILING ADDRESS ZIP 3- 11 Q NAME OF HOMEOV MAIUN DRESS NAME OF H i�135 �prsa Ifi d;A; craCITY �(eS -- STATE GirclL 1 TION: ER ASSOCIATION: CITY STATE MAI�G ADDRESS ��_ CITY STATE ZI NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE j�L ZIP 3 NAME OF CIVIC ASSOCIATION: Variance Application rev. 12/23/04 Agenda Item No. 7B September 27, 2005 Page 23 of 36 MAILING ADDRESS _ _ CITY STATE ZIP —____ PROPERTY DESCRIPTION Legal Description of Subject Property: Section /Township /Range °`a J yg / 27 Property I.D.: 1 185 +a 0 Subdivision: T !,-1 ; `eS Unit Thy. = Lot: --Lf— Block: Metes & Bounds Description: Pty &"K 3o Acreage Address of Subject Property (If difi'ermt from Petitioner's address): i 1 -.�l 3o F v e. oo-Vs Lc-,re.., Nees_ FL. 34 t DLO ADJACENT ZONING AND—LAND t1SE ' — k Zoning Land Use Fla E- W— Minlrnum Yard Requirements for Subiect Property Front: 50' Side:_ 3t��-- ---- -- z c -Ct- Ir: -q--t • 4 C CGSS e:t.. Corner Lot: Yes Waterfront Lot: NATURE OF PETITION L No D Yes No ❑ Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce Variance Application rev. 12/23/04 Agenda Item No. 713 September 27, 2005 Page 24 of 36 front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. -* 2 C)a Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria 0 -8). (Please address this criteria using additional pages If necessary.) ons an circumstances existing which are peculiar to the-location, size and characteristics of the land, structure, or building involved. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre - existing conditions relative to the property which is the subject of the variance request. t,�25 , "t'112. a a ��Q�_r- '_,_�► __�= ��Q�. Z^.�2�_E,,,'__�_. Variance Application rev. 4D& Agenda Item No. 7B September 27, 2005 Page 25 of 36 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant,. W o LUC (L i ' IZ9— '{� -- Q-Q- CL A ... a. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. S. Will granting the variance requested confer on the petitioner any special privilege that Is denied by _ these zoning regulations to other-7ands, buildings, or structures in the same Toning district. 5. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be Injurious to the neighborhood, or otherwise detrimental to the public welfare. ---- ----- - Variance Application rev. 12/23104 ..., M 4 a Agenda Item No. 713 September 27, 2005 Page 26 of 36 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. NC, 8. Will granting the variance be consistent with the growth management plan. BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COON S M. PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. . Variance Application rev. 12/23/04 VARIANCE PETITION SUBMITTAL CHECKLIST Agenda Item No. 7B 03/02/2005 11:20 2396436968 COLLIER CTY ZONING Septe Page of 36 A.DDRE.SSM CH IGKlJff Please c mpleta the £auowmtg AND PAX (W P -6SMM) OR SUB1W INP,ERSON YV 7W ADD11tF.S. MSEMON. PO"JA i7STMSIGNED BYabbRE_s ,aYC A&_L U 0JVJWW2M Not all items will ably to every project Items in bold type are r I. Leo 2. 3. Street address or of subject pvMW or Properdes (copy of lengthy description may be attached) (as applicable, V to, or arw4late with, legal datmpdon if Mwe 0M one) 4. won map, showKg exad Iocation ofproject/she in reladon to nearest public road right-of-way (attach) S. Copy of survey (NEEDED ONLY FOR UNPLATTI3D PROPERTIF„S) 6. Proposed project name (if applicable) 7. Proposed Street names Wapplicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SI'ITS ONLY) SDP 9. PeWon Type - (Complete a separate Addressing Checklist for each Petition Type) SDP (Site Deveiopma t Plat) PPL (Platte tit Plat Review) SDPA (SDP Arimandnment) PSP (Preliminary Subdivision Plat) SDK (SDP Insubstantial Change) FP (Final Plat) SIP (Site jmprovameztt Plan) LLA (Trot Lice Adj=t meat) SIPI (SIFT Insubstemtw Chanp) BL (Blasting'Pwmfit) SNR (Street Name Change) ROW�jght ALand Y ff- YWOttc -�m�oval Permits ' fiXP ems__ (Veg ) (Excavation Permit) Use Petition (VkanM Conditional Usc, VRSFP (Vag. Removal do Sits FBI Pmmit) Boat Dock Ext., R mnc. PUD rezone, etc.) H TDR (Tr nsft of Development Rights) ❑ Other - Describe: 10. Project or• developmeooit mimes proposed fur, or already appearing in, condominium doeumants (if applicable; indicate whether proposed or existing) - 11. Please Check One: Q Checklist is to be Faxed Back 0 Pars Picked Up . 12. Applicant Name 3r::P a S. iG'�Y4ttt em, m .314 w-i Phone aEq - 7v P'aat ,.i fw E - 13. Signature on Addressing Qmcklist does not constitute Project I-4 /rn qh eef Nano avaroval and is sui furdw review by the Addressing Section. VA- 2005 -AR -7444 PROJECT # 2004080027 FOR.BTAFP USE ONLY DATE: 4/11/05 PfimaryNumbaa55W9 ROBIN MEYER Address Number Ai z5", Address Number Address Number Approved by ,AL,,,'j Alga n Dote c.. Fi Agenda item No. 76 September 27, 2005 Page 28 of 36 AFFIDAVIT be7n- vl 5 duly sworn, depose and say that am /are the , —--- ---- -- �, 9 Y P "irwners of the property descrlbed here/n and which Is the subject matter of the proposed heating; that all the answers to the questions in this application, including the disc losure of interest information, a# 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. 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 wi// not be advertised until this application is deemed complete, and all required information has been submitted. As property ownergl further authorize rAe G -E.M., CAA -Sion. F6 inneS to act as our /my representative in any matters regarding this Petition. Signature 6f f Property Owner Sig Own Typed of Printed Name of Owner Typed or Prnted Name of Owner 1 The foregoing instrmeet was acknowledged before me this day ofd, 2052 by " a.rc-f -F GV- aOX-16f42 ra V%Qck who i nPrmaaMy known to me or has produced as Idendflcation. 4,'K. State of Florida _ (Signature of Notary Public - State of Florida) County of Collier Ofane M Rod6kit • ) My Conatraaion DD0220o'1 41* MN/07 2 (Print, Type, orstamp Commissioned Name of Notary Public) VA-2005-AR-7444 PROJECT # 2004080027 DATE: 4/11105 ROBIN MYER Variance Application rev. 12/23/04 Agenda Item No. 713 September 27, 2005 9991 0000310 fill . Page 29 of 36 Tarpon Tick Services, LLC 100Th em A =4135 9"0 Coconut Road Sane 101 Bonita Springs, n 34135 239- 9924706 File Number: Rhodes.2053 f Space Above This Lim For Reoordieg Dn.1 Warranty Deed This Warranty Deed made this 17th day of May, 2004 between McGarvey Custom Homes, Inc. whose post offioe address is 27300 Riverview Center Blvd, Suite 201, Bonita Springs, FL 34134, grantor, and whose post office address is 4320 Keadngton Sigh St., Naples, FL 34105, grantee: (Wharemer used heeis the term 'groMW and •grantee todude all the parries to this iashum" and the heat, 1epd represeatarivet, and assigoa of individuals, and the sir and am*= oromporatiom, "M and trugeee) Witnesseth, that said Vm ton•, for and in cowddetation. of the sum of TEN AND NO/100 DOLLARS (110.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged. has granted, bargained, and sold to the said grantee, and granbee's heirs and assigns forever, the following described Ind, situate, lying and being in Collier County, Florida to-wit: Lot 64 Block E, T wizEaSW Phase One, amrdkg to the plat thereof recorded in Plat Book 30, page 711, Public Records of Collier CZp:� co Psrcxl Identification Number: Subject to taxes for 2004 and and limitations of record, if a1 Together with all the tenements, is °a�i �tpp� TO Have and to Hold, the same s' a fortva: And the grantor hereby covenants that the gra grantor has good right and lawful autho ' convey said Land and will defend the same asainst th of all easements, reservations or in anywise appertaining. of said land in fee simply that the areby klly wxnats the title to said In Witness Whereof, grantor has hereunto act put es hand and seat the day and year first above written. Signed, seated and delivered in our prewar e: .• LIM M--' .n VA- 2005 -AR -7444 PROJECT # 2004080027 DATE: 4/11/05 ROBIN MIYER McGarvey Custom Homes Inc., a Florida corporation By. ... iJ;obn S. McGarvey, dent (Corporate Seal) ay ' V 17 v 00% Igo! 1 Agenda Item No. 7B September 27, 2005 71= f instrument was aclmowled before me this 17th of y c(iary yg 30, f 36 foregoing ged day May, 2004 6 John S. M �resr� eat of Mcouvey Custom Homes, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me. [Notary Sealj � •• con"b" ODSU I Notary Pu hustei Nana: My Commission Expires: '1 - to -'aob7 Agenda Item No. 7B September 27, 2005 Page 31 of 36 Petition No: VA- 2005 -AR -7444 AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL NOTICE TO AFFECTED PROPERTY OWNERS I hereby certify that pursuant to Subsections 2.7.2.3.2.4. and 6. of the Collier County Land Development Code, I did give notice of the public hearing before the Collier County Planning Commission on May 11. 2005 by U.S. mail to the affected property owners at the addresses provided to me by the Collier County Properly Appraiser's Office. Dated this r . day of 2004. Per attached letters which are hereby made a part of this Affidavit of Compliance 1(Ylpl, n� Qnr�n e�i�nr� Company Name Representative MELISA R0 f�barr PUW- 8hb dFb ft n COMMb Bon Mar 17, �� ! 00106188 NOInrAaw. Jun 28 05 11:31a Terry 6 Charli Rhodes 2393041970 The Bonita Bay Group'• June 28, 2004 Mrs. Terry Rhodes 1230 Five Oaks Lane Naples, Florida 34120 Re: Lot 64 — Lochlomond in The Estates at TwinEagles Lanai Enclosure and Landscape Plan Agenda Item No. 713 Septe t>gr 27, 2005 age 32 of 36 Dear Mrs. Rhodes: Thank you for the submittal stamped received June 7, 2004. On June 14, 2004, the Design Review Committee reviewed the above - referenced submittal and had the following comments. anal Enclosure The committee approved the lanai enclosure with the following comments: • Please have Pet 'Industries provide a copy of the building permit, a construction deposit of $1,000 and a Certificate of Insurance for our records. Landscane Plan The committee disapproved the landscape plan, stamped received June 7, 2004. Please slave the landscaper contact Jerry Krueger at 390 -1122 for questions regarding the landscape plan. Thank you for your cooperation in the resign Review process. Sincerely, . Diane Fernando Design Review Coordinator DF/bs cc: McGarvey Custom Homes Architectural Land Design Perez Industries . Design Review Committee Bonita flay Properties Inc. n8! ►o Coennut Bond • KoHe ntno • Raaica Springs • Fl. 34135 "+kiiri Phalle: (snn) •Ills. -lnao Fax: (e.no) 9n8 -ea "u, • Wvla: wwwAoni tali aygruup.rom Agenda Item No. 7B AUG 16 2005 ZONING DEPARTMENT August 11, 2005 Ms. Carolina Valera, Principal Planner Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 RE: Petition VA- 2005 -AR -7444 Dear Ms. Valera On August 8, 2005 I spoke with Chris Tomer, who owns the home adjacent to my property. She advised me that she and her husband have no objections to the above - referenced petition. Sincerely, Charlotte M. Rhodes 11230 Five Oaks Lane Naples, FL 34120 cc: McGarvey Custom Homes Sep 12 05 11:02a September 11, 2005 Terry 6 Char l i Rhodes 9373391321 Agenda Item Ro.2IB September 27, 2005 Page 34 of 36 Ms. Carolina Valera, Principal Planner Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 RE: Petition VA- 2005 -AR -7444 Dear Ms. Valera: I have reviewed the video recording of the Collier County Planning Commission meeting on August 18, 2005. There are several issues that need either corrected or clarified. Mr. Mayer asked Bill Must if the owners of the property were aware when they purchased the home that there might be a problem with installing the screened pool enclosure. Mr. Must replied in the affirmative, stating that we were aware of "financial and esthetic" issues that might be a problem. Between the time period of the purchase offer acceptance and the formal closing on May 24, 2004 two contractors visited the site and both submitted proposals (in order the get the work started as soon as possible after closing.) We contacted with Perez industries on May 28, 2004 and received formal approval in June from the Bonita Bay Group Design Review Committee. Mr. Perez proceeded to file for a permit from the County, which was denied because of the setback requirement. This was the first time that we were made aware of the situation. Although the issue of constructing an enclosure had been discussed prior to our signing the purchase contract, neither the realtor nor the seller had indicated there was a setback requirement that would prevent installation of an enclosure prior to this time, On August 11, 20041 initiated the variance request with Collier County with hope of having the setback situation resolved. Issue TWO The TE PUD allows only one home for every five acres of land; however, none of the residents of TwinEagles own five acres of property. My husband and 1 own and pay taxes only on the approximate % acres as shown on the site plan We, nor anyone else, can build a guest home or an accessory structure (or, heaven forbid, a double -wide trailer with polyester curtains and a redwood deck) on the property located on the north and west sides of Five Oaks Lane. It is common property, is designated as a "wetland/preserve" and is owned and maintained by The Bonita Bay Group. Sep 12 05 11:02a Ms Carolina Valera September 11, 2005 Page 2 Issue Three Terry a Charl i Rhodes 9373391321 Agenda Item R6.3113 September 27, 2005 Page 35 of 36 I contacted Mr. Jerry McPherson at the Bonita Bay Group. I will verify his position later this week, but he is an administrator with Planning and Design. He advised me that Bonita Bay has no current plans to request Phase I of TwinEagles be changed from agricultural to residential. Thank you for your assistance with this variance request. You and your staff have been very cooperative and I look forward to finally meeting you in person at the August 15'h Collier County Planning Commission meeting. Sincerely, Charlotte M. Rhodes 11230 Five Oaks Lane Naples, FL 34120 cc: McGarvey Custom Homes 09/16/2005 10:59 FAX. 618 433 0344 September 16th, 2005 J. Lloyd and Christine Tomer 11234 Five Oaks Lane Naples, Florida 34120 YOURTRAVELBIZ Ms. Carolina Valera, Principal Planner Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, Florida 34101 Q001 Agenda Item No. 7B September 27, 2005 Page 36 of 36 In Re: Petition: VA— 2005 -AR -7444 Dear Ms. Valera: We are in complete acceptance of the petition and encourage the Collier County Planning Commission to allow the variance. We are neighbors of the Rhodes and have no problem with the screened enclosure added to their prop- erty. It would enhance the value. Yours truly, J' a Tomer : airy harlotte Rh s Agenda Item No. 8A September 27, 2005 Page 1 of 112 EXECUTIVE SUMMARY PUDZ-2005 -AR -7469 - Sonoma Oaks MPUD: Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere of RWA, Inc., in requesting a rezone from the Rural Agricultural "A" zoning district to the Mixed Use Planned Unit Development "MPUD" zoning district to be known as Sonoma Oaks PUD, a mixed -use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses located on approximately 37.5 acres, on the west side of Collier Boulevard (CR 951), approximately 1/4 mile north of Vanderbilt Beach Road, 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 create the Sonoma Oaks Planned Unit Development (MPUD) as noted below and to make sure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property is 37.5 ± acres in the Rural Agriculture (A) zoning district, located '/ mile north of Vanderbilt Beach Road, on the west side of Collier Boulevard (CR 951). The site is comprised of three separate parcels. The southernmost parcel is undeveloped. The northern two parcels have been cleared for use by a landscape company. The site is bounded by Wolfe Road on the north and Mission Hills Boulevard on the south. The applicant proposes 9.38 acres of commercial development adjacent to CR 951. A north -south through road would separate this tract from the residential tract, which is proposed to be 12.41 acres. The remainder would be utilized for preserve, utilities and rights -of -way. The applicant has agreed to provide land area for the right -of way for the widening of CR 951 and for intersection improvements at Wolfe Road and CR 951. The Transportation Planning Department supports the petition because it provides interconnectivity between developments, which is encouraged by Policy 9.1 of the Transportation Element of the Growth Management Plan. The Utilities Division has requested a well -site on the property, which the applicant has agreed to provide, but has not placed on the Master Plan. The Master Plan (Exhibit A of the PUD document) designates the tract location for each use. Generally, the proposed layout is compatible with the surrounding existing and future development. The subject property is bordered on three sides by roadways. The western edge of the property is adjacent to the Wolf Creek PUD. This development is proposed for single- family ,,. residential and is under review for a final plat. The residential uses proposed by the Sonoma Oaks PUD will be compatible by providing adequate buffering and setbacks from the Agenda Item No. 8A September 27, 2005 Page 2 of 112 neighboring single - family homes. The commercial uses located to the south are separated from the site by Mission Hills Boulevard and are also subject to landscaping and setbacks. Much of the preserve tract is located on the south side of the residential portion of the proposed PUD. The commercial uses proposed within the Sonoma Oaks PUD are adjacent to CR 951, which is scheduled to be widened to six lanes, and are separated from the residential uses by the through road. The future Golden Gate Fire Station is going to be located north of the site, along with the Palermo Cove Residential PUD. 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, the existing land could be developed above and beyond the current level of allowable uses. 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. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban Designation (Urban — Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). This district allows residential uses, at the requested density of four units per acre. The proposed residential request is consistent with the GMP; however, Comprehensive Planning staff finds that the proposed PUD is not consistent with the Office and Infill Commercial (OIC) subdistrict, which is the provision the applicant is utilizing to request a commercial zoning district, and therefore it is not consistent with the Growth Management Plan. The Office and In -fill Commercial Subdistrict provides opportunities for low intensity office commercial or in -fill commercial development on small parcels located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. There are several criteria which must be met for a property to qualify for this provision. A memorandum dated July 21, 2005 from Comprehensive Planning staff is attached and contains a full explanation of the subdistrict requirements. To '"° summarize staff's findings: Agenda Item No. 8A September 27, 2005 Page 3of112 1. The OIC is intended for small parcels of land where residential development is not appropriate. The applicant wants to apply the acreage of the adjacent site to portions of three different parcels. The three properties are bounded on the north and west by residential development, which makes residential a compatible use to the overall area. 2. The OIC requires that the qualifying property be rezoned in its entirety and that any land in excess of 12 acres shall be used as conservation or open space. While the applicant does propose a rezone to the entire southern parcel, only a portion will be to commercial. The remainder will be preserve and residential. Commercial zoning is therefore proposed on parcels that do not qualify for the OIC subdistrict. 3. The OIC requires that the subject parcel must not have been created for the sole purpose of utilizing the subdistrict and must have been in existence prior to October 28, 1997. The southernmost parcel was created prior to that date. However, the petition will create new parcels to take advantage of the OIC, therefore it is inconsistent with the GMP. Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. The Department of Zoning and Land Development Review staff believes that the PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in the neighborhood; however, based on the above discussion and the information contained within the attached memo, Comprehensive Planning staff recommends that the petition be deemed inconsistent with that FLUE policy. ENVIRONMENTAL ISSUES: Environmental review staff has evaluated the proposed PUD and worked closely with the petitioner to determine appropriate preserve tract location. They are satisfied that the project meets their requirements. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) did not hear this petition, because there are no wetlands or listed species present on the site. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on August 18, 2005 and with a vote of 7 -2 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the BCC finding the petition consistent with the Growth Management Plan, and also subject to the following stipulations: 1. No Certificates of Occupancy will be granted until October 2007; 2. Permitted uses in the commercial tract are limited to those allowed by the Land Development Code in C -1, C -2 and C -3 zoning districts, as limited by the PUD document, as well as permitting offices for engineering services (SIC 8711), architectural services (SIC 8712) and surveying services (SIC 8713); Agenda Item No. 8A September 27, 2005 Page 4 of 112 3. The PUD will be limited to one fast food restaurant, which will be less than 5,000 square feet; 4. There shall be no expansion of the existing structures on the property; 5. Redundant references to the Land Development Code requirements shall be removed from the PUD Document; 6. Correct footnote #5 on page III -3 of the PUD document; 7. Move item #34 on page IV -4 from a permitted use to a Conditional Use; 8. No use shall be permitted if the trip generation rate for the use exceeds the trip generation rate for Land Use Code (LUC) 820 Shopping Center or LUC 710 General Office, as set forth in the Institute of Transportation Engineers (ITE) Report in effect at time of SDP review; 9. The residential portion of the PUD will not be a rental community; 10. The project shall have a maximum actual height of 40 feet for single - family, 45 feet for multi - family and 50 feet for commercial; 11. There shall be no deviations other than the one requested and outlined in section; and 12. Setbacks shall be corrected on the Master Plan, which is Exhibit "A" to the PUD document. The applicant has addressed the CCPC recommendations by making changes to the draft PUD document. Several sections of the draft document were removed to eliminate the redundant references to the Land Development Code. Permitted uses were updated according to the CCPC recommendation. All other stipulations and limitations were acceptable to the applicant and were inserted into the PUD document. In addition to the stipulations placed on the recommendation, the CCPC had a general discussion on the following topics: Growth Management Plan consistency; permitted uses; setbacks and building heights; affordable housing provisions; the transition of intensity of uses; and Land Development Code deviations. A new section of the PUD document is proposed to address affordable housing. Section 6.9.A establishes that the applicant will provide $1000 for each residential lot at the time of closing to the Empowerment Alliance of Southwest Florida Community Development Corporation. The provision credits this amount toward any future fees for affordable housing measures that may be adopted in the future. Staff has no adopted criteria against which to measure this provision. Potential issues arise if the designated amount is more than adopted in the future, or if the donation organization ceases to exist. Clarification may be necessary of how many donations are to be made. The proposed language could be interpreted either that the developer shall make a one -time donation for each lot sold, or that each subsequent homeowner shall make the same donation, into perpetuity. The Planning Commissioners who voted in opposition expressed concern that the proposed PUD was not consistent with the Comprehensive Plan. Because the CCPC vote to recommend approval was not unanimous, this petition cannot be placed on the Summary Agenda. Agenda Item No. 8A September 27; 2005 Page 5 of 112 LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03.05.H and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that were incorporated into the staff report. A summary of the legal considerations and findings recommended by staff are noted below: • The proposed change has not been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. • The proposed land uses are compatible with the existing land use pattern. • The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. • The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. The Planning Commission, with its recommendation of approval, concurred with the above legal considerations and findings. RECOMMENDATION: Staff recommends that the Board of County Commissioners deny Petition PUDZ- 2005 -AR- 7469, which would deny the rezoning of 37.5± acres from the Rural Agriculture (A) zoning district to Mixed Use Planned Unit Development (MPUD), noting that, in staff's opinion, the request is not consistent with the GMP Future Land Use Element designation. The BCC may make a determination that the petition is consistent with the Office and In -fill Commercial subdistrict, and therefore with the GMP. This action would constitute a policy change by the Board and is the only way that the petition may be approved without a GMP amendment. Should the BCC choose to do this, staff recommends that the stipulations proposed by the Planning Commission, and accepted by the applicant be placed on the PUD. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review Agenda Item No, 8A September 27, 2005 Page 6 of 112 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8A Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2005 -AR -7469 Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere of RWA, Inc., in requesting a rezone from the Rural Agricultural "A" zoning district to the Mixed Use Planned Unit Development "MPUD" zoning district to be known as Sonoma Oaks PUD, a mixed -use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses located on approximately 37.5 acres, on the west side of Collier Boulevard, approximately 114 mile north of Vanderbilt Beach Road, Section 34, Township 48 south. Range 26 east Collier County, Florida. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Heidi Williams Principal Planner Date Community Development & Zoning &Land Development Review 91712005 3:11:55 PM Environmental Services Approved By Ray Bellows Chief Planner Date Community Development & Zoning &Land Development Review 91712005 3:19 PM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development& Community Development& 9/7/2005 3:28 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 9112/2005 12:52 PM Environmental Services Environmental Services Admin. Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning &Land Development Review 9/14/2005 5:25 PM Environmental Services Approved By Patrick G. White Assistant County Attorney Date County Attorney County Attorney Office 911412005 6:34 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & 911412005 8:55 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date Agenda Item No. 8A September 27, 2005 Page 7 of 112 County Manager's Office Office of Management & Budget 9/1512005 8:13 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9116/2005 4:43 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9!2012005 12:29 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/20/2005 8:29 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/20/2005 9:05 PM Agenda Item No. 8A AGE14DJV$ft 05 age 8 of 112 Cotli°er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 18, 2005 SUBJECT: PETITION PUDZ- 2005 -AR -7469 — SONOMA OAKS MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) APPLICANT /CONTRACT PURCHASER: Carl M. Nagel, for Thomas R. Craig, for CDN Properties, LLC Richard and Frances Craig 711 Fifth Avenue South, Suite 209 2770 South Horseshoe Drive, Suite 4 Naples, FL 34102 Naples, FL 34104 AGENTS: Robert J. Mulhere, AICP RWA Consulting, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 REQUESTED ACTION: R. Bruce Anderson Roetzel & Andress 850 Park Shore Drive Trianon Centre — Third Floor Naples, FL 34103 The petitioner wishes to rezone 37.5± acres from the Rural Agricultural (A) zoning district to the Mixed -Use Planned Unit Development (MPUD) zoning district for a project to be known as the Sonoma Oaks MPUD (fk.a. Tanglewood MPUD). The MPUD proposes a maximum of 112 single- or multi- family dwelling units and up to 120,000 square feet of commercial development. GEOGRAPHIC LOCATION: The subject property is located on the west side of Collier Boulevard (CR 951), and approximately I/4 mile north of Vanderbilt Beach Road in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is comprised of three separate tax parcels held by the applicants. One parcel was cleared and used as a nursery, the second parcel was cleared and the third parcel is undeveloped. According to the Florida Land Use Cover and Forms Classification System (FLUCFCS) Table provided by the applicant, the site is comprised of approximately 20.03± acres of disturbed lands, 4.75± acres PUDZ - 2005 -AR -7469; Sonoma Oaks PUD Page 1 of 6 \\\ om� E 26\ \ ƒ/ \/ <m � Q � W � U) � 0 - w � < � cq z a z 0 E E 2 C. z 0 � Q C) 0 J � � � . | s ■ { . _ ■ | | |, . ;! � |■ �| � �| ■ , � |� | , ■ | q | !| ` S 2 ) ) | | | __ � | ■. R | in � Q � W � U) � 0 - w � < � cq z a z 0 E E 2 C. z 0 � Q C) 0 J Agenda Item No_ 8A September 27, 2005 Page 10 of 112 utilized by a landscape business, 4.00± acres of future right -of -way, with the remainder in a natural state of Pine Flatwoods or Palmetto. The applicant proposes to develop a maximum of 112 dwelling units on the western portion of the site, which would be bordered by a north -south access road. A commercial development allowing a maximum of 120,000 square feet of mixed office and retail uses is proposed along the eastern portion of the site. The north -south road would have full access to both Wolf Road and Mission Hills Road, as well as a right - in/out connection to Collier Boulevard. The Master Plan depicts generalized areas of development, water management, and traffic circulation. Notes on the Master Plan reinforce the petitioner's intention to comply with code for open space, road construction, landscaping, and project design. SURROUNDING LAND USE AND ZONING: North: Wolf Road; then Palermo Cove PUD, an undeveloped residential project approved at 4 units per acre East: Rural Agriculture (A) zoning, partially developed, agricultural uses South: Mission Hills Road; then Mission Hills CPUD, partially developed commercial land West: Wolf Creek PUD, an undeveloped residential project seeking approval of 3.98 units per acre GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject properties are designated Urban (Urban - Mixed -Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of four (4) dwelling units per acre (DU /A), subject to the Density Rating System; customary accessory uses; and non - residential uses such as recreation and open space. Additionally, the Urban — Mixed -Use District, via the Office and In -fill Commercial Subdistrict (OIC), provides opportunities for low intensity office commercial or in -fill commercial development on small parcels located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. The residential portion of the proposed PUD is consistent with the Density Rating System. The applicant proposes 112 residential units on approximately 28.12 acres, which is just under the 4 DU /A allowed by the Growth Management Plan. As to the requested commercial acreage, the OIC Subdistrict has several provisions that must be met by a subject site. Staff feels that although many of the'provisions are met, the proposed PUD does not meet all the required criteria, and thus is not consistent with the Comprehensive Plan. Specifically, the petition is inconsistent with four requirements of the OIC Subdistrict, as follows: 1. "The subject property in its entirety was not created to take advantage of this provision, evidenced by its creation prior to the adoption of this provision in the Growth Management Flan on October 28, 1997." The three parcels subject to this petition were created prior to the OIC Subdistrict. The applicant utilizes the acreage of the southernmost parcel, which is adjacent to Mission Hills PUDZ- 2005 -AR -7469; Sonoma Oaks PUD Page 2 of 6 Agenda Item No. 8A September 27, 2005 Page 11 of 112 Commercial PUD, to determine the amount of commercial area for the proposed PUD. This area is then relocated along the eastern side of all three parcels. Essentially, the creation of the PUD, and the relocation of the commercial tract are inconsistent with this provision of the Future Land Use Element of the Growth Management Plan by creating new parcels for commercial development. 2. "A rezone to commercial zoning is requested for the subject property in its entirety, up to a maximum of 12 acres. For a property greater than 12 acres in size, the balance of the property in excess of 12 acres is limited to an environmental conservation easement or open space. " The applicant is utilizing the individual parcel adjacent to the commercial zoning district, which is approximately 9.37 acres, to determine the amount of commercial area for the PUD. By rotating this acreage across the frontage of CR 951, the commercial area would lie within two parcels that are not eligible for the commercial rezone. However, if all three parcels are combined to create the PUD, this location is acceptable, but the total size of the site then becomes greater than 12 acres, and the remainder of the property would be required to be retained as a conservation easement, as opposed to the residential uses proposed. 3. "Project uses are limited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. " The subject site is adjacent to commercially zoned property on only one side. The uses proposed within the PUD are not limited to office and low- intensity commercial. 4. "Uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non- commercial zoning on the other side. " The proposed PUD does not address the intended transition of the OIC Subdistrict. The neighboring Mission Hills Commercial PUD allows C -1 — C -4 uses. The proposed PUD may limit all allowable commercial uses to less intense uses or may propose a decrease in intensity with increasing distance from the adjacent commercial PUD. A transition of intensities is not addressed by this petition, and thus is inconsistent with this provision. The Comprehensive Planning staff has determined that the proposed PUD is inconsistent with the Office and Infill Commercial provision of the Future Land Use Element of the Comprehensive PIan because it does not limit the intensity or provide a transition of intensity of proposed uses; combines parcels to take advantage of the OIC provisions; and does not provide the remainder of the parcel for conservation use. Therefore, the Comprehensive Planning Department is recommending denial of this petition due to its inconsistency with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (Exhibit "D ") to ensure the project is consistent with the Transportation Element of the Growth Management Plan. They also have reviewed the PUD document to ensure that it contains the appropriate language to address this project's potential traffic impacts, noting that roadway improvements may be required as part of this project's development. Those improvements, if any, will be determined by Transportation staff based upon the relevant data when development approvals are sought. Staff has reached a tentative agreement with the applicant on the donation of up to 80 feet of land for ROW along Wolfe Road and up to 65 feet for ROW along CR 951, dependent on PUD approval. The TIS indicates that the proposed Sonoma Oaks PUD will allow for 112 dwelling units and up to 120,000 square feet of commercial and office space. According to the report, based on available road capacity, after planned improvements, and an estimated buildout date of 2010, the project will meet concurrency requirements. No intersection or roadway improvements are anticipated as a result of this project, short of a required turn lane into the commercial portion of the site. Therefore, this petition appears to be consistent with policies 5.1 and 5.2 of the Tranportation Element of the Growth PUDZ - 2005 -AR -7463; Sonoma Oaks PUD Page 3 of 6 Agenda Item No. 8A September 27, 2005 Page 12 of 112 Management Plan. Additionally, the Master Plan complies with policy 9.3 of the Transportation Element by providing an interconnection of local streets with the north -south road between Wolfe Road and Mission Hills Boulevard to aid traffic circulation in the area. 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 and recommends approval subject to the conditions contained in section 6.8 of the PUD document. This petition was not heard by the Environmental Advisory Council because there are no listed species or wetlands on the site. 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. Utility Review: The Utilities Department staff has reviewed the petition and has stated that approval of this petition is subject to provision of a one -half acre wellsite easement to Collier County within the project area. Zoning Review: Relationship to Existing and 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 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 land uses, as limited in the PUD document, are consistent with the GMP, with the exception of the placement of the commercial tract, 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. The applicant proposes to develop residential uses on the western portion of the site and commercial uses on the eastern portion. The Wolf Creek PUD, located west of the subject site, contains similar development standards to the proposed PUD. The single - family development will have a 20 -foot rear yard setback, landscape buffers as determined by the Land Development Code, and a maximum height of two stories or 35 feet. The proposed PUD allows for a range of residential unit types. The dwellings would have a 15 -foot rear -yard setback, LDC required landscape buffering, and a maximum height of two stories or 42 feet. If multi- family units are developed then the rear setback would be increased to 20 feet, and the maximum height allowed would be three stories, up to 50 feet. The configuration that locates residential on the western side of the PUDZ- 2005 -AR -7469; Sonoma Oaks PUD Page 4 of 6 Agenda Item No. 8A September 27, 2005 Page 13 of 112 subject site, with the uses separated by a through road, would be compatible with the neighboring residential PUD located west of the site, the commercial PUD to the south, which is separated by a local road, the residential PUD to the north and the major thoroughfare, Collier Boulevard on the east. Although compatible with the neighborhood, the layout of the site is not acceptable to Comprehensive Planning Department staff, who have determined that this proposal is not consistent with the Growth Management Plan. Deviation Discussion: The petitioner is seeking one deviation from general LDC requirements. Staff has analyzed the deviation requests and provides the analyses and recommendations below. Deviation 1 seeks relief from LDC section 6.06.01 (0), which requires a minimum local street right -of- way width of 60 feet, to allow a right -of -way width of 50 feet. This deviation is reflected in Section 2.15 of the PUD Document. Staff does not object to the concept proposed in this deviation, and although the Master Plan is a conceptual drawing, the petitioner has provided cross section details to show the 50 -foot wide right -of way. The decreased width may be found to be more appropriate to the residential portion of the site than the proposed through road and the right - in/right -out access to CR 951; however, Engineering Review staff has reviewed the drawings and the deviation and has not offered any objection. Staff has reviewed the deviation and recommends approval based upon Engineering staff's professional evaluation, finding that in compliance with LDC Section 10.02.13.A.3, 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 MM: The agent held the required NIM on June 30, 2005 at 5:30 in the evening at Faith Community Church located at 6455 Hidden Oaks Lane, Naples, Florida. Four members of the Vanderbilt Country Club attended in addition to the applicant's team and County staff. Acting agent for the developer, stated that the proposed residential portion of the development will be "for sale only; no rental units, with maximum heights of 42 and 50 feet for single and multi- family products" respectively. The petitioner also stated that the projected maximum residential dwelling units will be 112. He commented that the development will be gated and access from the Collier Boulevard/Wolfe Road intersection will be signalized. He said the commercial component of the development is to consist of C -1 — C -3 uses and will be located along the site's frontage of Collier Boulevard. Of those who spoke, no one stated objections to the proposed rezone or intended development. STAFF RECOMMENDATION: Zoning & Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ- 2005 -AR -7469 to the Board of County Commissioners (BCC) with a recommendation of denial due to staff determination that the proposed MPUD is inconsistent with the GMP. A different interpretation of the GMP may be made by the BCC, which would result in creation of a new Board policy, and would allow this petition to be approved. Staff finds that the proposed commercial/residential mixed use is appropriate to this location and provides an appropriate layout of land uses, however, it must be found consistent with the Comprehensive Plan for the BCC to approve the petition. PUDZ- 2005 -AR -7469; Sonoma Oaks PUD Page 5 of 6 Agenda Item No. 8A September 27, 2005 Page 14 of 112 — PREPARED BY: 8// Ios HEIDI K. WILLI S, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1. PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY DATE $ 0 O RAYM BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW and /0 'XU--SAN MURRAY, AICP, DIRECT DATE DEPARTMENT OF ZONING AND AND DEVELOPMENT REVIEW APPROVED BY: K. SC ITT ADMINISTRATOR DATE NITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the September 27, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings C. Comprehensive Planning Memorandum D. Traffic Impact Statement PUDZ- 2005 -AR -7469; Sonoma Oaks PUD Page 6 of 6 Agenda Item No. 8A September 27; 2005 Page 15 of 112 REZONE FINDINGS PETITION PUDZ - 2005 -AR -7469 Section 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 subject property is designated 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 uses at four units per acre, according to the Density Rating System. The Office and In -fill Commercial Subdistrict permits the requested commercial uses, but not in the configuration proposed by the applicant. Please see the attached Comprehensive Planning memorandum for a full analysis. Staff finds the petition to be inconsistent with the goals, objectives and policies of the Future Land Use element of the Growth Management Plan. 2. The existing land use pattern; The uses allowed by the proposed PUD for the subject site are consistent with the Urban Residential and Office and In -fill Commercial subdistrict designations. The properties adjacent to the subject site on the north, west and southern sides are all zoned PUD. The eastern property line is bounded by the future six -lane Collier Boulevard. Conditions within the PUD document address compatibility with the surrounding uses and other major issues such as traffic and access. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The rezone to PUD is a continuation of rezones to PUD in the area that have occurred to the north, west and south of the applicant's property. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The subject site is surrounded on three sides (east, west and south) by property included in the Activity Center. The properties to the west and to the south have already been rezoned to PUD consistent with this designation. This rezone is simply a continuation of that trend, therefore the proposed PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. EXHIBIT A PUDZ- 2005 -AR -7469 Page 1 of 4 Agenda Item No. 8A September 27, 2005 5. Whether changed or changing conditions make the passage of d0yrb$86a2 amendment necessary. The growth and development trends and changing market conditions, specifically the development of the surrounding area, necessitate the proposed rezone. Staff believes the residential portion of this rezone is appropriate, noting that the property is located within the Urban Residential subdistrict in the County's Future Land Use Element. The commercial component is not appropriately located, due to criteria of the Office and In -fill Commercial (OIC) subdistrict. The rezone of the property to the north, west and south to PUD is a further indication that growth and development are expected in this area. The proposed PUD rezoning is appropriate; however, it is not supported by staff. 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 potential adverse impact on the abutting uses. However, staff is recommending denial because the proposed project is deemed to be inconsistent with the OIC criteria which limits the size, and traffic impacts. The OIC criteria are intended to ensure compatibility with adjacent residential areas. 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 incorporated language into the PUD document that renders the PUD compatible with the Transportation Element. In addition, this property has donated right -of -way to Collier County to provide for intersection improvements and roadway widening. These infrastructure improvements will aid in reducing the impacts to the surrounding network. 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. EXHIBIT A PUDZ- 2005 -AR -7469 Page 2 of 4 Agenda Item No, 8A September 27, 2005 10. Whether the proposed change will adversely affect property valQ @§ JfiothJ2 adjacent area; Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. However, staff is of the opinion that the proposed rezone will not adversely affect the property values in this area. 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; The proposed PUD does not constitute a grant of special privilege, nor does it contrast with public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The changing nature of the surrounding area, including new commercial development on the property located south of the subject site, renders Rural Agricultural zoning inappropriate on this site. The highest and best use of the site is some combination of commercial/office and/or residential. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD is designed in a manner that is compatible with surrounding property in size and scale. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are limited numbers of sites in Collier County that could take advantage of the Office and In -fill Commercial subdistrict due to strict locational criteria. Despite staff's opinion on the interpretation of this district, some area of the site could be eligible to utilize the subdistrict. The subject property could be used to create a transition between the commercial center and residential uses that surround the site. 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. Site conditions should not restrict the proposed use of the subject property. EXHIBIT A PUDZ- 2005 -AR -7469 Page 3 of 4 Agenda Item No. 8A September 27, 2005 The impact of development on the availability of adequate public f�'t� A Ind services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. EXHIBIT A PUDZ- 2005 -AR -7469 Page 4 of 4 FINDINGS FOR PUD PUDZ- 2005 -AR -7469 Agenda Item No. 8A September 27, 2005 Page 19 of 112 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUb 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 area surrounding the subject site is a growing area, near the intersection of Vanderbilt Beach Road and Collier Boulevard. The site is a desirable location for a transition between the commercial center at the northwest corner of this intersection and the residential uses further from it. All utilities, access and drainage are adequately addressed by this petition and subsequent site planning procedures. 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 to be inconsistent with the goals, objectives and policies of the GMP by Comprehensive Planning staff. 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. However, the layout of the site does not comply with the Growth Management Plan, and therefore, staff can not recommend approval of the petition. 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 PUDZ- 2005 -AR -7469 Page 1 of 2 Agenda Item No. 8A September 27, 2005 Page 20 of 112 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. The 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. Infrastructure is or will be in place in the vicinity and its adequacy will be determined at the time of SDP approval. 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 proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. EXHIBIT B PUDZ- 2005 -AR -7469 Page 2 of 2 Agenda Item No. 8A September 27, 2005 PagE5ktj[klJp,C, Memorandum To: Heidi Williams, Principal Planner, Department of Zoning & Land Development Review From: Michele R. Mosca, AICP, Principal Planner, Comprehensive Planning Department Date: July 21, 2005 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDZ- 2005 -AR -7469 PETITION NAME: Sonoma Oaks MPUD REQUEST: Rezone + 37.5 acres (3 parcels) from "A" (Rural Agricultural) to PUD (Planned Unit Development) to allow 112 residential units on + 28.12 acres (4 DU /A) and 120,000 square feet of commercial development on + 9.38 acres (C -1 through C -4 uses). LOCATION: The three parcels comprising the project site are located on the west side of Collier Boulevard, approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject properties are designated Urban (Urban - Mixed -Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4 DU /A, subject to the Density Rating System; customary accessory uses; and non - residential uses such as recreation and open space. Additionally, the Urban - Mixed Use District, via the Office and In -fill Commercial Subdistrict, provides opportunities for low intensity office commercial or in -fill commercial development on small parcels located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. As to the requested residential use, review of the Density Rating System yields the subject site eligible for 4 DU /A; the site is not subject to density reductions, nor is the site eligible for density bonuses. Accordingly, 112 residential units are permitted on + 28.12 acres as proposed by this PUD. As to the requested commercial acreage, the Office and In -fill Commercial Subdistrict is stated below, followed by staff's analysis (bold). The intent of this Subdistrict is to allow low intensity office commercial or in -fill commercial development on small parcels within the Urban -Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadways) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project Community Development & Environmental Services Division, Comprehensive Planning Department 1. Agenda Item No. 8A September 27, 2005 utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abuttingRa&@�68 g12 intervening public street easement (other than utilities) or right -of -way, except for an intervening local street, and "commercial" refers to C -1 through C -5 zoning districts and commercial components of PUDs. a. The subject site is in the Urban -Mixed Use District. The site is located within the Urban- Mixed Use District. b. The subject site abuts a road classified as an arterial or collector on the Collier County 2003 Functional Classification Map [TR -3], as adopted in the Transportation Element. The site abuts Collier Boulevard (Minor Arterial). c. A rezone to commercial zoning is requested for the subject property in its entirety, up to a maximum of 12 acres. For a property greater than 12 acres in size, the balance of the property in excess of 12 acres is limited to an environmental conservation easement or open space. Under this provision, "open space" shall not include water management facilities unless said facilities are incorporated into a conservation or preservation area for the purpose of enhancement of the conservation or preservation area. The site /PUD acreage in its entirety is +37.5 acres, comprising three distinct parcels: Tax Parcel 1, ±18.75 acres (most northerly parcel); Tax Parcel 30, ±9.38 acres (middle parcel); and Tax Parcel 11, +_9.38 acres (most southerly parcel). The following allocation of acreage and land uses are specified in the PUD document: 9.38 commercial acres, 15.53 residential acres, 2.39 acres for preserve, 2.52 acres for lake(s), 4.79 acres for internal right of way and 2.89 acres reserved for right of way. As indicated in (c) above, the Office and In -fill Commercial provision requires that a property be rezoned in its entirety to commercial, up to 12 acres. Site acreage in excess of 12 acres, if any, must be used for an environmental conservation easement or open space. Contrary to this provision, the applicant is requesting to rezone 3 parcels totaling 37.5 acres to allow commercial land uses on 9.38 acres, but does not limit the balance of the property to conservation or open space. d. The site abuts commercial zoning (or commercial component of PUD): (i) On one side and non - commercial zoning on the other side; or, (ii) On both sides. Collectively, the 3 parcels - or only Tax Parcel 11 ( ±9.38 acres) - abut commercial zoning (Mission Hills PUD) to the south. e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring jurisdiction. The abutting commercial zoning is in unincorporated Collier County. f. The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the Community Development & Environmental Services Division, Comprehensive Planning Department 2. Agenda Item No. 8A September 27, 2005 depth exceed that on the abutting property with the greatest depth of EdftrIgret4l12 area. This discretion shall be applied on a case -by -case basis. The depth of Tax Parcel 11, or the 3 parcels collectively, measured from Collier Boulevard is equal to the existing PUD commercial zoning to the south. g. Project uses are limited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides, the project uses may include those of the highest intensity abutting commercial zoning district. Collectively, the subject properties - or only Tax Parcel 11 ( ±9.38 acres) - abut commercial zoning (Mission Hills PUD) on one side only. Proposed commercial uses within the subject PUD vary in intensity from C -1 to C-4. Historically, "low intensity commercial uses" include only those uses allowed in C -1 thru C -3 zoning districts, which include building square feet caps for some retail uses. h. The subject property in its entirety was not created to take advantage of this provision, evidenced by its creation prior to the adoption of this provision in the Growth Management Plan on October 28, 1997. Property records indicate that the three subject Tax Parcels were created prior to 1997. However, the petitioner is proposing to relocate the eligible commercial acreage across the road frontages of the three Tax Parcels. Clearly, the petitioner will be creating one or more new parcels for commercial development. A reconfiguration of the property makes meaningless the limitation on: prior parcel existence; size; depth; and location, in context of no longer being suitable for residential use. For those sites that have existing commercial zoning abutting one side only. (i) commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met, and, (this is the first requested use of the OIC Subdistrict at this location). (ii) uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non - commercial zoning on the other side. Collectively, the subject parcels, specifically Tax Parcel 11, abut a commercial PUD to the south (Mission Hills PUD). North of the subject parcels is an undeveloped residential PUD (Palermo Cove). The subject PUD allows commercial uses ranging in intensity from C -1 to C4, similar to the uses allowed in the Mission Hills PUD. The proposed PUD does not provide a limitation on commercial uses or intensity of uses, only that the commercial component of the PUD will be configured so as to cross the road frontages of the 3 Tax Parcels; that is, all commercial uses allowed in this PUD are allowed anywhere within the commercial tracts. There are two possible methods of determining use transition: 1) limit the subject site to uses less intense than on the abutting commercial site; or, 2) provide an on -site transition by limiting the most intense commercial uses to that portion of the site abutting commercial zoning, then providing a tier of use intensity so that lower intensity commercial uses are located on that portion of the site abutting non - commercial zoning. The proposed PUD does not provide a transition. Community Development & Environmental Services Division, Comprehensive Planning Department 3. Agenda Item No. 8A September 27, 2005 j. For those sites that have existing commercial zoning abutting both sides, co r rerrc4ial 112 zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met. This criterion is not applicable to this petition. k. Lands zoned for support medical uses pursuant to the "114 mile support medical uses" provision in the Urban designation shall not be deemed "commercial zoning" for purposes of this Subdistrict. This criterion is not applicable to this petition. For properties zoned commercial pursuant to any of the lnfill Subdistricts in the Urban -Mixed Use District or in the Urban - Commercial District, said commercial zoning shall not qualify to cause the abutting property(s) to become eligible for commercial zoning under this Office and /nfill Commercial Subdistrict. This criterion is not applicable to this petition. A Comprehensive Plan Amendment to the Future Land Use Element was adopted in 2001, which created the Vanderbilt Beach /Collier Blvd. Commercial Subdistrict south of the subject site (site of Mission Hills PUD). m. Land adjacent to areas zoned C -11T on the zoning atlas maps, or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE, shall not be eligible for a rezone under the Office and /nhll Commercial Subdistrict, except through aggregation as provided in Paragraphs i. and j. above. This criterion is not applicable to this petition. n. For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD, or abutting lands zoned for Business Park uses pursuant to the Business Park Subdistrict, or abutting lands zoned for Research and Technology Park uses pursuant to the Research and Technology Park Subdistrict, shall also qualify for commercial zoning so long as all other criteria under the Office and Infill Commercial Subdistrict are met. This criterion is not applicable to this petition. o. At time of development, the project will be served by central public water and sewer. The subject rezone request indicates that central public water and sewer will serve the project. p. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. [Also, FLUE Policy 5.4 provides that all new development must be compatible with the surrounding land uses.] The requested commercial uses within the proposed PUD are generally consistent with the commercial uses allowed in the Mission Hills PUD to the south. Uses contained in the Mission Hills PUD and the subject PUD range in commercial intensity from C -1 to C-4 (predominantly C -2 and C -3 commercial uses). The OIC Subdistrict requires properties abutting commercial zoning on one side only, provide transitional commercial uses or less intensive commercial uses on site to lessen impacts to adjacent non - commercially zoned properties. The subject PUD does not provide a limitation on the commercial uses or intensity of uses proposed for development adjacent to residential areas. Therefore, depending upon the location of uses, intensity of uses, development standards, etc., the proposed commercial uses may not be Community Development & Environmental Services Division, Comprehensive Planning Department 4. Agenda Item No. SA September 27, 2005 compatible with the adjacent undeveloped residential PUDs west arVdW0JJWfCh12 the subject site. However, Comprehensive Planning leaves the determination of compatibility to Zoning and Land Development Review staff as part of their review of the petition in its totality. q. The maximum acreage eligible to be utilized for the Office and lnfill Commercial Subdistrict within the Urban -Mixed Use District is 250 acres. To date, approximately 112 acres have been rezoned using the OIC Subdistrict provision in the FLUE. As noted in the first part of the OIC Subdistrict, the intent of the Subdistrict is to "allow low intensity office commercial or in -fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development." The subject petition is a request to rezone 3 distinct Tax Parcels totaling ±37.5 acres. The OIC Subdistrict is intended to accommodate small parcels that may not otherwise be viable for residential development. By reconfiguring the PUD site, the 9.38 acre Tax Parcel that is eligible for commercial is no longer a separate parcel located between commercial and residential zoning; rather, it simply becomes a part of a much larger development (37.5 acres). Thus, the small property size no longer has meaning. Further, it is difficult to deem a 37.5 -acre parcel as inappropriate or incompatible for residential development. The project site is bounded by residential PUD zoning to the west and north and buffered to the south by a local road. Some of the proposed uses are from the C-4 zoning district, including C -2 and C -3 uses but without the building square feet limitation; these uses are not "lower intensity commercial uses" especially in context of transitioning from like uses on the adjacent commercial PUD. The size of the site and the intensity of commercial uses proposed are inconsistent with the intent and specific criteria of the OIC. PUD Document and Master Plan: • Statement of Compliance #2.B.: Change road classification from Arterial to Minor Arterial. This change was requested in the first submittal, but the petitioner has not modirred the PUD document. • Statement of Compliance: Remove reference to Office and In -fill Commercial Subdistrict and commercial uses or modify paragraph 2.C. to eliminate reference to reconfiguration of the commercial area. In the response letter dated June 9, 2005, the petitioner acknowledges staffs comments, but disagrees with staff's analysis and conclusions. The petitioner has not modified the PUD document as requested by staff. • Statement of Compliance #5.: Reference to Policy 3.1 is not consistent with FLUE Policy. Explain relevance or how project in consistent with Policy 3.1. In the response letter dated June 9, 2005, the petitioner acknowledges staff's comments and states that the project is consistent with FLUE Policy 3.1, presuming the Board of County Commissioners rinds the petition consistent with the 01C Subdistrict. The petitioner's statement may be deemed correct should the Board rind the petition consistent with the 01C Subdistrict. • Statement of Compliance #8.: Remove the word at after "improving"... This change was requested in the first submittal, but the petitioner has not modified the PUD document. Community Development & Environmental Services Division, Comprehensive Planning Department 5. Agenda Item No. 8A September 27, 2005 • PUD Master Plan: Eliminate commercial tracts or modify to provide a 9.38 -acre E&%%4r8iaJ 12 area in the same location as the existing Tax Parcel 11. In the response letter dated June 9, 2005, the petitioner acknowledges staff's comments, but disagrees with staff's analysis and conclusions. The PUD document has not been modified as requested by staff. • PUD Master Plan: Remove Exhibit "A" MPUD Master Plan Concept B (Plan does not correspond to PUD document). In the response letter dated June 9, 2005, the petitioner acknowledges staffs comments, but requests that the project be allowed to proceed to public hearings as submitted. The PUD document contains two Master Plans, Concept A and Concept B. CONCLUSION: Based upon the above analysis, staff concludes: 1. The proposed rezoning of 3 parcels L 37.5 acres) from Rural Agricultural (A) zoning to Planned Unit Development (PUD), to allow commercial uses on 9.38 acres and residential development and other land uses on the remaining acreage, is inconsistent with the Office and In -fill Commercial Subdistrict, both the Subdistrict's intent as well as specific criteria. (In the response letter dated June 9, 2005, the petitioner acknowledges staffs comments, but disagrees with staff's findings and requests that the project be allowed to proceed to public hearings as submitted.) 2. The proposed residential development at a density of 4 DU /A, and associated infrastructure, open space, and recreational uses, may be deemed consistent with the Density Rating System in the FLUE. 3. The PUD document should be revised as noted above. cc: Randall Cohen, AICP, Interim Comprehensive Planning Department Director Susan Murray, AICP, Zoning and Land Development Review Department Director David Weeks, AICP, Comprehensive Planning Manager File: PUDZ - 2005 -AR -7469 Community Development & Environmental Services Division, Comprehensive Planning Department 6. Agenda Item-No. 8A September 27, 20 05 Page 29 of 112 I. INTRODUCTION Metro Transportation Group, Inc. (Metro) has conducted a traffic impact statement for the proposed Tanglewood PUD. The site is located on the west side of Collier Boulevard on the south side of its intersection with Wolfe Road in Collier County, Florida. The site location is illustrated on Figure 1. The proposed Tanglewood PUD will allow for the development of approximately 112 single- family residential dwelling units in addition to 120,000 square feet of commercial floor area. Access to the site will be provided via three access locations, a full access to Wolfe Road, a full access to Loop Road and a. right in/right out access to Collier Boulevard. 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. H. ENISTING CONDITIONS The subject site is currently vacant. The site is bordered to the north by Wolfe Road. To the west, the site is bordered by the vacant Wolfe Creek RPUD. On the southern PT operty boundary, the Tanglewood PUD is bordered by the Mission Hills Boulevard Loop Road within the Mission Hills PUD. To the east, the site is bordered by Collier Boulevard. Collier Boulevard is a two -lane arterial roadway that borders the subject site to the east. Collier Boulevard has a posted speed limit of 55 mph and is under the jurisdiction of Collier County.. The 2003 Collier County 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 performed in this report for the build -out I of the site. Page 1 III:; � ■ t ■� Agenda Item No. 8A September 27, 2005 Page 31 of 112 Vanderbilt Beach Road is a two -lane arterial roadway in the vicinity of the subject site, Vanderbilt Beach Road has a posted speed limit of 45 mph and is under the jurisdiction of Collier County. The 2003 Collier County Annual Update Inventory Report (AUIR) indicates the six laning of Vanderbilt Beach Road from Airport Road to Collier Boulevard was slated to begin construction in Fiscal Year 2004. According to the. Collier County Transportation Planning Department Staff, construction of this roadway improvement has been moved to Fiscal Year 2005. Regardless of the delay, this roadway improvement is within the two -year window, so the six -laning of Vanderbilt Beach Road was accounted for in the analysis performed in this report for the build -out of the site. 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 aforementioned Collier County. ,AUIR indicates the six -laning of Immokalee, Road to the west of Collier Boulevard by Fiscal Year 2006. Additionally, construction is currently underway on the six- laving of the existing two -lane segment of Immokalee Road to the east of Collier Boulevard. Both of these roadway improvements were accounted for as a part of this analysis. M. PROPOSED DEVELOPMENT The proposed Tanglewood PUD will allow for the development of approximately 112 single family dwelling units in addition to 120,000 square feet of commercial floor area Within Collier County. Table 1 summarizes the land use utilized for trip generation purposes for the subject development. r Table 1 Tanglewood PUD Land Kum : Land Ube _ ' '. Size Single- Family Housing 112 dwelling units UC 210 General Office 40,000 square feet LUC 710) Shopping Center 80,000 square feet (LUC 820 ) . Page 3 i Agenda Item No. BA September 27, 2005 Page 32 of 112 Access to the subject site is proposed via full access points to both Wolfe Road and Loop. Road in addition to a right in/right out access to Collier Boulevard. Wolfe Road will provide full access. to Collier Boulevard.. Collier County plans. to signalize the intersection of Collier Boulevard and Wolfe Road upon the completion of the Collier Boulevard six - laning. Loop Road will provide the development traffic with directional access to Collier Boulevard. 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, 71' Edition. Trip generation calculations were performed for the development based on the proposed 112 single - family dwelling units and the 120,000 square feet of commercial floor area. Land Use Code 210 (Single- Family Detached Housing) was utilized for the residential, trip generation. The trip generation as a result of the commercial floor area was calculated based on Land Use Code 710 (General Office) and Land Use Code 820 (Shopping Center). The equations for these land uses 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 Tanglewood PUD. The daily trip generation is also indicated within Table 2. Table 2 Trip Generation. TAnalewand PTID = Eared Use Weekda r A.M. Peak:H ou : - W6ekda P.M. Peak : Hour' I}a ly In •.: Qu# . ' 'a T4 l )ia Qutl' TQta .. Single- Family 25 , 65 90 75 45 .. 120 1,155 112 dwelling units General Office 80 10 90 20 105 125 660 40,000 s . ft.) Shopping Center 85 50 135 260 280 540 , " 5,875" (80,000 Total Trips 190 125 . 315 355 430 785 . :. 7,690 The shopping. center trips shown in Table 2 will not all be new trips to the adjacent roadway system. ITE estimates that shopping center uses such as the one identified within this analysis typically attract anywhere from 8% to 89 % of its traffic from vehicles Page 4 Agenda Item too. 8A September,27, 2005 Page 33 of 112 already traveling the adjoining roadway system. This traffic, called "pass -by" traffic, reduces the development's overall impact- on the surrounding roadway system but does not decrease the actual driveway volumes. Based on the equation contained within the ITE Trip Generation' Handbook, approximately 41.5% of the proposed retail trips will originate from vehicles. already traveling the adjoining roadway network. Therefore, a 41.5% pass -by traffic reduction was applied to the retail trips as a part of this analysis. For this analysis, the "pass -by" traffic was accounted for in order to determine the number of "new" trips the development will add to the ' surrounding roadways. Table 3 summarizes the pass -by percentage for the shopping center use indicated within Table 2. Table 4 summarizes the development traffic and the breakdown between the new trips the development is anticipated to generate and the "pass -by" trips the development is anticipated to attract. Table 3 Pass -by Trip Reduction Factors T9nulewnnd P11M Table 4 Trip Generation — New Trips Tanalew""d PIM Percentage Trip Land Use: ' Redution Shopping Center 41.5% (80,000 s . ft.). Irk Table 4 Trip Generation — New Trips Tanalew""d PIM Page 5 Weekday A.M. Peak Hour Weekda P.IYi� .Peak Hour. Daily In , . Ou# : , '>Col . Irk Ou# . Tntai Trip Generation 190 125 315 355 T 430 785 7,690 Less Pass -by Traffic -35 -20. -55 -110 -115 -225 -2,440 New Trips . 155 105 260 245, 315 560 5,250 Page 5 V. TRIP DISTRIBUTION Agenda Item No. 8A September 27, 2005 Page 34 of 112 The trips shown in Table 4 were then assigned to the surrounding roadway ' system based upon the anticipated routes the drivers will utilize to approach the site. The total trips shown in Table 2 were assigned to . the proposed site access drives. The project distribution utilized for the Tanglewood PUD, was taken from traffic impact studies performed by Metro for similar PUD's along the Collier Boulevard corridor. The project distribution for the proposed development is indicated in Figure 2. It should be noted that percentages of the project traffic are shown as being "captured" by commercial developments along; the Collier Boulevard corridor that will be the destination of some of the project traffic.' Based upon the traffic distribution indicated within Figure 2, the project traffic was distributed to the projects access points to Wolfe Road and Collier Boulevard. - Figure 3 indicates the site traffic assignment for the Tanglewood PUD. This graphic also indicates the site traffic assignment to the Wolfe Road/Collier Boulevard intersection:. VI. FUTURE TRAFFIC CONDITIONS. In order to determine which roadway segments surrounding the site will be significantly impacted; Table Lk, 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 .Capacity for Peak Hour " — Peak Direction traffic conditions as defined, by the most recent Collier County Concurrency Spreadsheet. A copy of the most recent Collier County Concurrency Spreadsheet is attached in the Appendix of this report for'reference. In addition to the significant impact criteria, Table IA also includes a concurrency analysis on the Collier County Roadway network. The. current remaining capacity indicated within Table IA was taken from the Collier County Concurrency Management System online at the interactive GIS map. The project traffic was then subtracted from: Page 6 Page 35 okl 12 E s LEGEND ♦20 %—► PERCENT DISTRIBUTION 11 11k:1ijol PROJECT TRAFFIC DISTRIBUTION Figure 2 TANGLEWOOD P.U.D. as iiem NO. dA Page 36 of 112 N W S N.T.S. LEGEND -4- 000 WEEK DAY AM PEAK HOUR TRAFFIC 4-(000) WEEK DAY PM PEAK HOUR TRAFFIC - INDICATES LESS THAN 5 TRIPS SITE TRAFFIC ASSIGNMENT ft I rl U I TANr-.1 i=vvc)r)n P i i n Figure 3 c� 04 to WOLFE ROAD 4.110 (200) LU > (235) 70 o (30) 10 to w CO Ul) 00 z co n- U") C) Lo 0 U") Ul) ce) (125) 35 LO re Ln UJ cl, as C,4 J (40) 10 'n a v v 6-0 00 pcL LEGEND -4- 000 WEEK DAY AM PEAK HOUR TRAFFIC 4-(000) WEEK DAY PM PEAK HOUR TRAFFIC - INDICATES LESS THAN 5 TRIPS SITE TRAFFIC ASSIGNMENT ft I rl U I TANr-.1 i=vvc)r)n P i i n Figure 3 Agenda Item No_ 8A September 27,, 2005 Page 37 of 112 the remaining trips in order to obtain determine the remaining capacity. after the Tanglewood PUD traffic is added to the surrounding roadway network. VII. PROJECTED CONCURRENCY AND LEVEL OF SERVICE Based. upon the, information contained within Table IA, sufficient. capacity will be available on the Collier County roadway network after the addition of the Tanglewood PUD traffic. Figure 4 indicates the remaining capacity on the -significantly impacted roadway links based upon the` existing conditions as well as after the addition of the.. Tanglewood PUD traffic. As can be seen within Table 1A and Figure 4, there will be available capacity after the addition of the traffic associated. with the subject development, so there are no concurrency issues on the Collier County roadway network. Intersection analysis was required as a result of the proposed Tanglewood PUD at the Collier BoulevardlWolfe Road intersections. The Tanglewood PUD is slated to be completed by the year 2010. In order to perform the intersection analysis at these intersections at build -out, Figure 5 was created. Figure 5 indicates the 2010 build -out- turning movements at the impacted intersections. The turning volumes within Figure 5 reflect the background traffic calculated on Collier Boulevard, the Palermo Cove RPUD traffic, the Falls of Portofino PUD traffic, and the Tanglewood PUD traffic indicated within Figure 3. The Palermo Cove PUD is located on the north side of Wolfe Road, and the traffic generated by the Palermo Cove PUD will solely access Wolfe Road. - The Palermo Cove PUD turning movements can be found in the Appendix of this report for reference. The Falls of Portofino PUD is located- in the northwest comer. of the intersection of Pristine Drive and Vanderbilt Beach Road. The traffic from the Falls of Portofino PUD can also be found in the Appendix. of this report for reference. -The peak direction through volume indicated within Figure 5 on Collier Boulevard was 'taken from the total volume column within the Collier County Concurrency Spreadsheet. Additionally, off-peak direction volumes were obtained by factoring the peak direction through volume by the appropriate D- factor as in the calculation shown below.. The D- Page 9 . - 1-- -1, ---- Page 38 of 112 �f A A LEGEND XXX - CURRENT REMAINING CAPACITY (XXX) - REMAINING CAPACITY AFTER PROJECT REMAINING CAPACITY ON SIGNIFICANTLY IMPACTED LINKS Figure 4 TANGLEWOOD P.U.D. Wnl FF Rnan urnca�i�►lt�:i� ti . f l# Page 39 of n � 'V r M �- co M T T WMI (360)280-0 (60) 50' C c r .tee L �n r G u M � .o u,) :2,-C4 N X> T lfy LEGEND ♦ 000 WEEK DAY AM PEAK HOUR TRAFFIC 4-(000) WEEK DAY PM PEAK HOUR TRAFFIC - INDICATES LESS THAN 5 TRIPS 2010 BUILD -OUT TURNING MOVEMENTS TANGLEWOOD P.U.D. Figure 5 NEW JEW MINE ME" (125) 35 �. 0 ti N r O r• r Q 7 ' � J O � T 0 r m N L11 lfl T � SEE M a (4 0) 10 a o � N Q T v/ LEGEND ♦ 000 WEEK DAY AM PEAK HOUR TRAFFIC 4-(000) WEEK DAY PM PEAK HOUR TRAFFIC - INDICATES LESS THAN 5 TRIPS 2010 BUILD -OUT TURNING MOVEMENTS TANGLEWOOD P.U.D. Figure 5 Agenda Item No. 8A September 27, 2005 Page 40 of 112 factor can be found within the most recent Collier County ART -PLAN Spreadsheets for Collier Boulevard and Vanderbilt Beach Road attached in the Appendix for reference. Off -peak volume = (peak direction volume) /(D- factor) — (peak direction volume) Off -peak volume = (1,588 vehicles) /(0.568) — (1,588 vehicles) Off -peak volume = 1,210 vehicles, before the addition of other projects The intersection turning movements indicated within Figure 5 were then inputted into the latest Highway Capacity Software (HCS2000) and SYNCHRO based on the intersection conditions indicated previously within this report. It should be noted that SYNCHRO was utilized in order to analyze the unsignalized intersections to Collier Boulevard due to the, HCS2000 software's inability to analyze unsignalized intersections, on six -lane roadways. The intersection analysis results can be found in the Appendix of this report for reference. Additionally, the intersection analysis results are indicated within Table 3 below. Table 3 Intersection Level of Service Tanalewood PUD 2010 Bac round.Level of Service 2010 Buildout Level of Service Intersection ' . Approach A1VI Peak Honig . PM Peak HoQc AM Peak Haut PM Peak :Hour. Collier Boulevard A Wolfe Road B B B B. Right inMght out @ EB right N/A N/A B B Collier Boulevard Loop Road @ Collier EB right N/A N/A B B Boulevard NB left N/A N/A C C Based on the results of the intersection analyses indicated within Table 3; no intersection improvements will be required to the analyzed intersections as a result of the added Tanglewood PUD traffic. The intersection analysis for the Wolfe Road/Collier Boulevard intersection was performed based on signalized intersection conditions as previously mentioned within this report. 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... Turn lanes will be required on Collier Boulevard at its intersections with Wolfe Road, the right in/right out site access driveway, and Loop Road. The turn lanes on Collier Boulevard at Page 12 I Agenda Item No. 8A September 27, 2005 La Page 41 of 112 Wolfe Road and Loop Road will be constructed as a part of the six - laning of Collier Boulevard. A 405 -foot, southbound right turn lane will also be required on Collier Boulevard at the right in/right out site access intersection. In addition to the turn lane requirements on Collier Boulevard, a westbound left turn lane I will be required on Wolfe Road at the site access intersection.' Based on an assumed 40 mph design speed on Wolfe Road, a 155400t westbound left turn lane will be required at the site access location. No turn lane .storage was assumed at this location due to the I general lack of significant through traffic on Wolfe Road. No eastbound right turn lane will be required on Wolfe Road at the site access intersection as very little development i traffic is slated to exit/enter the subject site to /from the west, No additional turn lanes will be required as a result of the proposed Tanglewood PUD p' roject traffic. VIII. CONCLUSION. The proposed Tanglewood PUD in the southwest corner of the Collier Boulevard/Wolfe Road intersection within Collier County, Florida will not adversely impact the future' Collier County roadway network. The surrounding roadway network was analyzed based on the most recent Collier County Concurrency Management System. Based upon the analysis contained within this report, all roadway segments significantly, impacted as a result of the Tanglewood PUD will have sufficient capacity after the addition of the traffic associated with the proposed development. Therefore, no roadway link improvements, beyond the programmed County improvements, will be required as a result of the proposed Tanglewood PUD. Intersection analysis was performed at Collier Boulevard's, intersections with 'Wolfe Road, the proposed right in/right out site access, and Loop Road as a result of the proposed Tanglewood PUD. Based on the results of the intersection analysis, all of the analyzed intersections and movements are shown to operate at LOS "C" or better when the development traffic is added to the surrounding roadway network. Therefore, no intersection improvements will be required as a result of the proposed Tanglewood PUD. Page 13 Agenda Item No. 8A i September. 27, 2005 Page 42 of 112 Turn lane analysis was performed as a result of the proposed development." Based an several developments within the area, turn lanes will be required at the Wolfe Road and Loop Road intersections with Collier Boulevard. A 405 -foot southbound right turn lane will also be required on Collier Boulevard at the'right in/right out site access driveway. The necessary turn lanes are being constructed as a part, of the six- laning of Collier. Boulevard. Additionally, turn lanes will be required on Wolfe Road at the site access intersection. A 155 -f6ot westbound left turn lane will be required on Wolfe Road at the site access intersection as a result of the proposed d evelopment traffic. Based on the analysis contained within this report, the proposed Tanglewood PUTD will not adversely affect the future traffic conditions within the vicinity of the project site. Upon completion of the roadway improvements funded by Collier County within the next. . two years- all roadway links and intersections will operate acceptably. when the Tanglewood PUD development traffic is added to the surrounding roadway network. \k:\2004 \11 \15keport.doo . Page 14 Agenda Item No. 8A September 27; 2005 Page 43 of 112 APPENDIX TABLE IA Agenda Item No. SA September 27, 2005 Page 44 of 112 LO N pN O Z E N v (D -0 C;) � i a ai o. Q C%7 i z Z W W ui U. cc co Q z c~i aI v r! ! I I I Z U Q W � ui O $ U IL ggJ N a I I K Q� ' r r N y W Z V Q N � N I I I I I J m Lu z Q O Q jz 0 0 0 M 0 M 0* rn 0 v 0 co N o N a J z v r r ri O CV CV NtZ Z V W LL a co N M co ^ v O °' °' O O "4 O) 01 U a r M M V W ca W o 0 0 0 0 0 0 0 a C O U O V' O O O O O O O O T- Q W LLI N Lri N ri N W � C y LO N N li U 0 J 0 O m O M O M O M LO m M �O�pp O co O Q z z ,- Cl) M =a y Y � d F" � 3 cNn 0 0 0 0 0 0 cJO 0 0 cJc Ua s o Is > > Z ~ 0 M (07 0 W N 0 C� N to M11 II O o S M LL m m W m to n w w Z o c —°' -°' O m O o: W g > o U U U om `. a- o_ w 0 0 0 0 0 p w o 0 O O Y Y � la m CL g CL CL � Q 0 m `m_ ca m o -2 E � U E > 4Lr)N a>o� V`- W W nMMMM W OO Wr WK! Nnn O lOmr WN 10NPO! 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M W W O n W W W W W W W W7 W nN N O OW V t0 MItO� V MCOO co no NCO ltOOO rO00 E TP N C9 M M MNNNPr NT r M N r M 0 MMMrP N M M[l'�7M M M M M ra-M M r r rN O c S a m .° o E ° >> Al - a ie o ylS W O 7 _ c E t0 ty m W O !p0 L m O a a -0 o a c �eao��m� mQ g c� eEa> Wm j�c �ma dm mlE01Y m > o > R x> H > ° m a> d a 3 m glmm >c �ma > g31 a>i'om°� ��^C�a�mc� �- ut' O O c 7 O m c 7 m lab 7 v ,r 7 m Y° 7 m m .. "' m O O m j LL v; m O m c O ° m m m o m o m 5agl� a d O Oa m o vim mS ° 00 >m0O rn °�E o tC cc mCO< s m > m rnmm E >q E�t�C, tp�p6ar,,N Nrnslm� m � `gQ,U a£inma c m _ °-! = d V V O m c Tma.2 • -W OO N IOW W Np O c N m pprr m_ V_ y N O L O> m 1>b O O O am F Q' 0.' r 40g 1>0 /�9 C 4q Clo iY <ap •Sl E a O a! O fn fn Qp fn DDC91n %3_��1nO09CLUC900U- 0UZ1n1nm a;z�F- U1gm0�i E >U' cnU{9UU' DD4�C)�rDCg a m 0 a o d m ; m o ° a s° ; a s o °c EW Z3 Y Ec`cEm °afS E m p� °mE C C lag m fy m a = >' c N m> m> C G 2> >> m C > m 1� T O LL W Cab mom, C E% N s, q = �U- d m m � Tl06� m� m W to .mr moo � 2z, , is CD �s �'.1n7� ��mmmM0000p 1nz��qE�o��mEB �Qy�= 'vcw��Cy<ee Com° =d m o aT d ;,, ymw E1 f.- Trni 1Wn9a! Z(38 Nmr m 4im�OU cY� l0R m (S ycE °rr� c ° E c C) = C 'm' V >. C m 32 Y W W N N g m 0 C .� N 01 ° w m m 'O "' y Yf V O /0 V lnQQt�� >mU)m00 mlr�0: cr- Mmtomo m�lgcam EtaE$3 om cA�u�eQm �UDC7Na_�:1WMUUCLa0xDU_000x�u C9oa¢H Ulnli J3 E >c�alnc�t�(5AC7Da��s> m m m m > >> EPEE E E E E > >> t z r t t t L L � �° � a O O O N m Nt� Nt� 0 m m m m C 'L 'C i' L 'C '0 m to EEEEmmm wWWWWUrWWWZzzzzzz °z° zi m0°E xsxxi° .�, >Ly W- ix m�aaammmmmmm _[�m 0E� m m m m m m m mYYY -2 e rF- HHF- I- F- ►- rF- 1- Ht- F- r= r-�► -� o =_ r_a 61 `r m.2 :2�°- m°a°.eec mmm EEEEEEEEEEEEEEEEEEE' E �EE� '32 V1 m 0' p' LL' ° O y an rn 0 CD m m o, 0 w W N ,ls ,ls ,t� ,ls m m eo m m g m m m to E m ,E m .m m ._ 0 Q:-� 'Sc SC Om vfyyOC cE..c_°lavW 1za ml�amlcgc�I��mm�tYmRW EEEEmmEmmeEoE mcccc EoEcm mlcsEtoto Pc OCndn 6 0 a�trLL' ExtrIx nrquil)UDto nlnlnlnlnF- h- F- F- F-h� -r F- 1- F- Hhht- F-l- hl- F- » » »�i a NM 11OO �p t-ap W Or NMV In mn W NM W n Wm0, NC.) 1°�p nCO ppl!8pPNM WW nW MOTN V 1Onm i W W�t01D to W nnnnnnI - r- r- o co to co W W WO1�0) 0101 O1010101010000�00000 P r r P P T PN P P T T T P T T r r P P T r P P N m O m D- Agenda Item No. 8A September 27, 2005 Page 47 of 112 COLLIER COUNTY CONCURRENCY MANAGEMENT SYSTEM.- GIS PRINT -OUTS Identify Results FIELD NAME VALUE R d Name Immokalee Road oa Remaining Peak Hour/Peak Direction 310 _'rips Segment From I -75 Segment To CR 951 Agenda Item DRAI of 1 September 27, 2005 Page 48 of 112 http:// gis .colliergov.net/website/lib /cf common/tablesbelow.cfm? query_output= Immokalee %20RoadI... 4/8/2005 Identify Results FIELD NAME Agenda Item I�og Al of 1 VALUE September 27, 2005 Road Name Collier Boulevard Page 49 of 112 Remaining Peak Hour/Peak Direction 1662 Trips Segment From Immokalee Road Segment To Golden Gate Boulevard http:// gis .colliergov.net/website/lib /cf commonhablesbelow.cfm ?query_ output= Collier%20BoulevardI... 4/8/2005 Agenda Item No. 8A September 27, 2005 Page 50 of 112 COLLIER COUNTY ART -PLAN LEVEL OF SERVICE SPREADSHEETS i Agenda Item No. 8A ART-PLAN 4.0 Pa Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation ..t Systems Planning Office - May 2000 [—Collier Boulevard From: Golden Gate Blvd. To: Immokalee Road User Notes: K Factor. 0.097 PHF: 0.910 Arterial AADT: 14,708 Posted Speed: 55 mph Area Type: Transition i ng/Urban Arterial Class: 1 Study Period: PM PEAK Adj. Sat. Flow Rate: 1,850 Section Length: 3.10 mi. Signal Type: Semiactuated Peak Direction B 40.7 AADT Maximum Service Volume % Turns A B C D E Level of Service B AADT 10,800 15,700 . 16,800 16,800 16,800 Arterial Speed 38.9 mph P HV 600 870 930 930 930 T% No Cycle Length Arrival Flow Vic control ift Link Level of Service Arterial Speed From To B 40.7 AADT mph PHV % Turns No Lanes cycle Length gic Off -Peak Direction Ma)dmum sertdoe volumes are not calculated for the off-peak direction. Length Arrival Flow Vic Control Int. Type Rate Ratio Delay LOS Spend Link LOS Immokalee Vanderbilt - 12609 529 12 1.0 120 0.44 110881 3 1511.6 44.0 A Vanderbilt Golden Gate 14708 616 12 1.0 120 0.44 5280 3 iut± 35.1 B Printed:09 /11 /2401 01:04:47 PM Agenda Item No. SA September 27, 2005 Page 52 of 112 PALERMO COVE PUD TRAFFIC 1 1 1 1 .� 0 1 1 Ln 1 M 1 O L LO c 00`' i �• 50 (175) ° M 1 15 (40) 1 1 ♦ 10 (5) �% 1 ♦ 50 (175) WOLF RD. (70)25-0 (15) 51 (15)5-00. (105) 180 Z O to Z W O w LL O L September 27, 2005 Page 53 of 112 0 co �; (105) 170 .A *% t (30) 40 N kn M v 0 J O m u.t J J O U c M LL� LO `D 10 (25) 44'; y (60) 20 1 VANDERBILT BEACH ROAD LEGEND ♦ 000 WEEK DAY AM PEAK HOUR TRAFFIC ♦(000) WEEKDAY PM PEAK HOUR TRAFFIC SITE TRAFFIC ASSIGNMENT PALERMO COVE Figure 3 Agenda Item No, 8A September 27, 2005 Page 54 of 112 FALLS OF PORTOFINO PUD TRAFFIC 0 0 v cv N 5 (25) �► �- - c -} (2 0) 5 1 N E LEGEND 4- 000 WEEK DAY AM PEAK HOUR TRAFFIC ♦(000) WEEK DAY PM PEAK HOUR TRAFFIC VANDERBILT BEACH ROAD W S N.T.S. SITE TRAFFIC ASSIGNMENT FALLS OF PORTOFINO September 27; 2005 Page 55 of .112 0 o v r � (20) 401 -1 0 w J O G1 0= W J J 0 U 0 l (5) 5 1 _l (5) 20 Figure 3 w v° o 0 z In a (20) 401 0 (20) 45 0 0 v cv N 5 (25) �► �- - c -} (2 0) 5 1 N E LEGEND 4- 000 WEEK DAY AM PEAK HOUR TRAFFIC ♦(000) WEEK DAY PM PEAK HOUR TRAFFIC VANDERBILT BEACH ROAD W S N.T.S. SITE TRAFFIC ASSIGNMENT FALLS OF PORTOFINO September 27; 2005 Page 55 of .112 0 o v r � (20) 401 -1 0 w J O G1 0= W J J 0 U 0 l (5) 5 1 _l (5) 20 Figure 3 i Agenda Item No. 8A September 27, 2005 Page 56 of 112 ITE TRIP GENERATION HANDBOOK - FIGURE 5.5 SHOPPING CENTER PASS- BY EQUATION i i Data Plot w r.. U N D_ c. i= !n r� d m 4 H Agenda Item No. 8A September 27, 2005 Page 57 of 112 Figure 5.5 Shopping Center (820) Average Pass -By Trip Percentage vs: 1,000 Sq. Feet Gross Leasable Area On a: Weekday, P.m. Peak Period Number of Studies: 100 Average 1,000 Sq. Feet GLA: 329 120 110 100 go 60 70 60 50 40 90 20 10 ........................... ...... ...... ...................... ...... . . • . .. ' . . . . . 4 . . . . . . . . • . . . . • .. . . . . . . ' . . . . . . . . • . . . . .. . . • X. ... .... ...... ...... i ... ...• ! .... .... • .... .... • .... ........... ._.. ... .... . ... .... .... .... .... . .... .... x_. x. .... .... .... .... .... .... .... .... . .... .... X; X F X ; -w: ..X. , X . ... X ... X .... ... .....i .... ... X SC X X Xx : X X .. X . X .. x :j� ... . X....... X ...........: .... ... x ... . XX ;X 'X >X X X X: X �C X X: .......X..... .... .... ......... 0 100 200 3D0 400 Soo 800 700 ao0 X =1,000 Sq. Feet Gross Leasable Area X Actual Data Points Fitted Curve Fitted Curve Equation: LnM = -0.291 Ln(X) + 5.001 900 tow 1100 1200 1 A2 = 0.37 Trip Generation Handbook Chapter 6 ■ ITS 43 Agenda Item No. 8A September 27, 2005 Page 58 of 112 HCS2000 CAPACITY ANALYSIS Agenda Item No. 8A September 27, 2005 Page 59 of 112 WOLFE ROAD @COLLIER BOULEVARD Short Report Agenda Item R#9! ;A1 of 1 Wolfe Road @ Collier Boulevard All other areas Collier County 2010 Background SHORT REPORT TH General Information Site Informati nalyst RLP Intersection ,gency or Co. Metro Transportation Group, In Area Type Date Performed 41812005 urisdiction ime Period AM Peak Hour nalysis Year Volume and Timing Input Agenda Item R#9! ;A1 of 1 Wolfe Road @ Collier Boulevard All other areas Collier County 2010 Background LT TH RT LT TH RT LT I TH RT LT TH I RT Num. of Lanes 1 0 1 0 0 0 1 3 0 0 3 1 Lane group L R L T T R olume (v ph) 210 40 10 1215 1588 65 %a Heavy veh PHF 0 0.95 0 0.95 0 0.95 0 0.95 0 0.95 0 0.95 ctuated (P/A) startup lost time Ext. eff. green rrival type A 2.0 2.0 3 A 2.0 2.0 3 A 2.0 2.0 3 A 2.0 2.0 3 A 2.0 2.0 3 A 2.0 2.0 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 Ped /Bike /RTOR Volume 0 0 1 0 0 5 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 Parking /Grade /Parking N 0 N N N N 0 N N 0 N Parking /hr Bus stops /hr 0 0 0 0 0 0 Unit Extension 13.0 3.0 3.0 3.0 3.0 3.0 '.:Ihasing EB Only 02 03 04 NB Only Thru & RT 07 08 G= 25.0 iming Y= 5 G= G= G= I G= 10.0 G= 50.0 G= G= Y= Y= Y= IY= 5 Y= 5 Y= Y= Duration of Anal sis (hrs) = 0.25 Cycle Length C = 100.0 Lane Group Capacity, Control Delay. and LOS Determination EB WB NB SB Adj. flow rate 221 42 11 1279 1672 63 Lane group cap. 451 404 181 3364 2588 808 /c ratio 0.49 0.10 0.06 0.38 0.65 0.08 Green ratio 0.25 0.25 0.10 0.65 0.50 0.50 Unif. delay dl 32.1 28.9 40.7 8.1 18.5 13.0 Delay factor k 0.11 0.11 0.11 0.11 1 0.22 0.11 Increm. delay d2 0.8 0.1 1 0.1 0.1 0.6 0.0 PF factor 1.000 1.000 1.000 1.000 1.000 1.000 Control delay 32.9 29.0 40.9 8.2 19.0 113.0 Lane group LOS C C D A B B pprch. delay 32.3 8.5 18.8 pproach LOS C A B Intersec. delay 15.8 Intersection LOS B .- HCS2000TM Copyright O 2000 University of Florida, All Rights Reserved file://C:\Documents and Settines\rin \Local Settings \Tema \s2kA2.tmn Version 4.1 e 4/8/2005 Short Report Aaencia ftPm RaW Al of 1 SHORT REPORT ep emeaer / , General Information Site Information Ragio Analyst RLP Agency or Co. Metro Transportation Group, In Date Performed 41812005 rime Period AM Peak Hour Intersection Wolfe Road @ Collier Boulevard Area Type All other areas Jurisdiction Collier County Analysis Year 2010 Buildout Volume and Timing Input EB WB NB SB LT I TH RT LT TH RT LT TH RT LT TH RT Num. of Lanes 1 0 1 0 0 0 1 3 0 0 3 1 Lane group L R L T T R Volume (v ph) % Heavy veh PHF Actuated (P/A) Startup lost time Ext. eff. green Arrival type 280 0 0.95 A 2.0 2.0 3 50 0 0.95 A 2.0 2.0 3 55 0 0.95 A 2.0 2.0 3 1215 0 0.95 A 2.0 2.0 3 1628 1 0 0.95 A 2.0 2.0 3 130 0 0.95 A 2.0 2.0 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 Ped /Bike /RTOR Volume 0 0 0 0 5 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 Parking /Grade /Parking N 0 N N N N 0 N N 0 N Parking/hr Bus stops/hr 0 0 0 0 0 0 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 Phasing EB Onl 02 03 04 NB Onl Thru & RT 07 08 riming G= 25.0 G= G I G= I G= 10.0 G= 50.0 G 1Y= JG= Y= 5 ly= Y IY= JY= 5 Y= 5 Y= Duration of Analysis hrs = 0.25 Cycle Length C = 100.0 Lane Group Capacity, ontrol Delay, and LOS Determination EB WB NB SB Adj. flow rate 295 53 58 1279 11714 132 Lane group cap. 451 404 181 3364 12588 808 /c ratio 0.65 0.13 0.32 0.38 10.66 0.16 Green ratio 0.25 0.25 0.10 0.65 1 10. 50 0.50 Unif. delay dl 33.6 29.1 41.8 8.1 118.7 13.6 Delay factor k 0.23 0.11 0.11 0.11 10.24 0.11 Increm. delay d2 3.4 0.1 1.0 1 0.1 10.6 0.1 PF factor 1.000 1.000 1.000 11..000 11.000 1.000 Control delay 37.0 29.2 42.9 8.2 19.3 13.7 Lane group LOS D C D A B B pprch. delay 35.8 9.7 18.9 Approach LOS D A B Intersec. delay 17.1 Intersection LOS B t-opyngnt ® imu University of Florida, All Rights Reserved file:HCADocuments and Settings\r1p\Local Settings \Temp \s2k8A.tmp Version 4/8/2005 Short Report Agenda ItemNeBA of 1 SHORT REPORT e r f inalyst neral Information he Information RLP Metro Transportation Group, .gency or Co. In Date Performed 4M005 1me Period PM Peak Hour Intersection Wolfe Road @ Collier Boulevard rea Type All other areas Jurisdiction Collier County nalysis Year 2010 Background Volume and Timing Input LT EB TH RT WB NB LT TH RT LT TH RT LT SB TH RT Num. of Lanes 1 0 1 0 0 0 1 3 0 0 3 1 Lane group L R L T T R Volume (v ph) % Heavy veh PHF Actuated PIA green rAval ost time e 125 0 0.95 A 2.0 2.0 3 30 0 0.95 A 2.0 2.0 3 35 0 0.95 A 2.0 2.0 3 1593 0 0.95 A 2.0 2.0 3 1220 1220 0 0.95 A 2.0 2.0 3 0 0.95 A 2.0 2.0 3 ension 3.0 3.0 3.9 3.0 3.0 3.0 e /RTOR Volume 0 0 0 0 20 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 Parking /Grade/Parking N 0 N N N N 0 N N 0 N Parking /hr Bus stops/hr 0 0 0 0 0 0 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 "3hasin lming EB Only_ G= 25.0 02 G= 03 G= 04 NB Only G= G= 10.0 Thru & RT G= 50.0 07 G= 08 G= Y= 5 Y= Y= Y= Y= 5 Y= 5 Y= Y= Duration of Anal sis hrs = 0.25 Cycle Length C = 100.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB Adj. flow rate 132 32 37 1677 1284 211 Lane group cap. 451 404 181 3364 2588 808 /c ratio 0.29 0.08 0.20 0.50 0.50 0.26 Green ratio 0.25 0.25 0.10 0.65 0.50 0.50 Unif. delay dl 30.3 28.7 41.3 9.1 16.6 14.4 Delay factor k 0.11 0.11 0.11 0.11 0.11 0.11 Increm. delay d2 0.4 0.1 0.6 0.1 0.2 0.2 PF factor 1.000 1.000 1.000 1.000 11.000 1.000 Control delay 30.7 28.8 41.9 19.2 16.8 14.6 Lane group LOS C I C D I A B B pprch. delay 30.3 9.9 16.5 Approach LOS C A B Intersec. delay 13.8 Intersection LOS B ~' HCS2000TM Copyright G 2000 University of Florida, All Rights Reserved i i file: //C :\Documents and Settings\rlp\Local Settings \Temp \s2k96.tmp Version 4.1e 4/8/2005 Short Report Page 1 of 1 AIIPrtria Itpm Nn RZ SHORT REPORT September 27, 2005 General Information Site Information rdyu 15t of 1 12 Analyst RLP Agency or Co. Metro Transportation Group, In Date Performed 41WO05 Time Period PM Peak Hour Intersection Wolfe Road @ Collier Boulevard Area Type All other areas Jurisdiction Collier County nalysis Year 2010 Buildout Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT I TH RT Num. of Lanes 1 0 1 0 0 0 1 3 0 0 1 3 1 Lane group L R L T T R Volume (v ph) % Heavy veh 360 0 60 0 115 0 1593 0 1 11295 0 340 0 PHF 0.95 0.95 0.95 0.95 0.95 0.95 Actuated (P/A) A A A A A A Startup lost time 2.0 2.0 2.0 2.0 2.0 2.0 Ext. eff. green 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 Ped /Bike /RTOR Volume 0 0 0 0 20 Lane Width 12.0 12.0 12.0 12,0 12.0 12 0 Parking /Grade /Parking N 0 N N N N 0 N N 0 N Parking /hr Bus stops/hr 0 1 0 1 0 0 1 1 1 0 0 Unit Extension 3.0 13.0 3.0 3.0 3.0 3.0 Phasing EB Only 02 03 04 NB Only Thru & RT 07 08 lmi. G= 25.0 G= 1Y= G= G= G= 10.0 G= 50.0 G= 1Y= �Y_ G= Y= 5 Y= Y= Y= 5 Y= 5 Duration of Analysis (hrs) = 0.25 Cycle Length C = 100.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB Adj. flow rate 379 63 121 1677 1363 337 Lane group cap. 451 404 181 3364 2588 808 /c ratio 0.84 0.16 0.67 0.50 0.53 0.42 Green ratio 0.25 0.25 1 0.10 0.65 0.50 0.50 Unif, delay dl 35.6 29.3 43.4 9.1 17.0 15.8 Delay factor k 0.38 0.11 0.24 0.11 0.13 0.11 Increm. delay d2 13.3 0.2 9.1 0.1 0.2 0.4 PF factor 1.000 1.000 1.000 1.000 1.000 1.000 Control delay 48.9 29.4 52.5 9.2 17.2 16.1 Lane group LOS D C D A S B pprch. delay 46.1 12.1 17.0 Approach LOS D B B Intersec. delay 18.0 Intersection LOS B HCS2000' 'vi Copyright O 2000 University of Florida, All Rights Reserved Version e ' i file:HCADocuments and Settings\rlp \Local Settings \Temp \s2k74.tmp 4/8/2005 Agenda Item No. 8A September 27, 2005 Page 64 of 112 RIGHT IN/RIGHT OUT @COLLIER Baseline Synchro 6 Report Metro Transportation Page 1 Agenda Item No. 8A HCM Unsignalized Intersection Capacity Analysis September 27, 2005 Tanglewood R tP64k 3: Rt in /Rt out & Collier Boulevard 4/8/2005 -ZA, M614 Lane Configurations ttf tom` Sign Control _ Stop Free Free Grade 0% 0% 0% Volume (veh /h) 0 35 0 1270 1643 35 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 0 38 0 _ 1380 1786 38 Pedestrians Lane Width (ft) Walking Speed (f /s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume. 2246 595 1824 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 2246 595 1824 tC, single (s) 6.8 6.9 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 100 91 100 cM capacity (veh /h) 35 447 332 E8 �~ Volume Total 38 460 460 460 595 595 595 38 Volume Left 0 0 0 0 0 0 0 0 Volume Right 38 0 0 0 0 0 0 38 cSH 447 1700 1700 1700 1700 1700 1700 1700 Volume to Capacity 0.09 0.27 0.27 0.27 0.35 0.35 0.35 0.02 Queue Length 95th (ft) 7 0 0 0 0 0 0 0 Control Delay (s) 13.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Lane LOS B Approach Delay (s) 13.8 0.0 0.0 Approach B eeLOS �� ^� ral C�it1��fi^� �Ni Nwd' y� Average Delay 0.2 Intersection Capacity Utilization 41.7% ICU Level of Service A Analysis Period (min) 15 Baseline Synchro 6 Report Metro Transportation Page 1 Agenda Item No. 8A September 27, 2005 HCM Unsignalized Intersection Capacity Analysis Tanglewood ICI �'1�ak 3: Rt in /Rt out & Collier Boulevard 41$12005 Lane Configurations (A' +++ Sign Control Stop Free Free; Grade 0% 0% 00% Volume (veh/h) 0 125 0 1708 1300 55 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 0 136 0 1857 1413 60 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 2032 471 1473 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 2032 471 1473 tC, single (s) 6.8 6.9 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 100 75 100 cM capacity (veh /h) . 50 539 454 r•F.r _; Darectton -:Lane ^ -. E8, �.:` IY ',l.c � 1 � i•D•':+GT `9 Ill< 'aG-. � -_ . '�..• �7.*-.+7�_:� SB ('.i'. ., ::. ,. Volume Total 136 619 619 619 471 471 471 60 Volume Left 0 0 0 0 0 0 0 0 Volume Right 136 0 0 0 0 0 0 60 cSH 539 1700 1700 1700 1700 1700 1700 1700 Volume to Capacity 0.25 0.36 0.36 0.36 0.28 0.28 0.28 0.04 Queue Length 95th (ft) 25 0 0 0 0 0 0 0 Control Delay (s) 13.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Lane LOS B Approach Delay (s) 13.9 0.0 0.0 Approach LOS B It'ti #ersi�n Sursitnary(` x c Average Delay 0.5 Intersection Capacity Utilization 39.5% ICU Level of Service A Analysis Period (min) 15 Baseline Synchro 6 Report Metro Transportation Page 1 Agenda Item No. 8A HCM Unsignalized Intersection Capacity Analysis TanglewoodPPtQee Mop 3: Loop Road & Collier Boulevard 4/8/2005 t --v 4\ I �► Lane Configurations ttt ttt Sign Control Stop Free Free Grade 0 %c 0% 0% Volume (veh /h) 0 10 40 1270 1673 5 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 0 11 43 1380 1818 5 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 2366 606 1824 vC 1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 2366 606 1824 tC, single (s) 6.8 6.9 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 100 98 87 cM capacity (veh /h) 25 440 332 Direci�- Lane ` E13r 1:.;« Ni3.. "r;. NBZ NB 3', NB Sid: f . 8131-'i SB 3 ,' S Volume Total 11 43 460 460 460 606 606 606 5 Volume Left 0 43 0 0 0 0 0 0 0 Volume Right; 11 0 0 0 0 0 0 0 5 cSH 440 332 1700 1700 1700 1700 1700 1700 1700 Volume to Capacity 0.02 0.13 0.27 0.27 0.27 0.36 0.36 0.36 0.00 Queue Length 95th (ft) 2 11 0 0 0 0 0 0 0 Control Delay (s). 13.4 17.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Lane LOS B C Approach Delay (s) 13.4 0.5 0.0 Approach LOS B lnteiRsec�ot) Su`nai�iar3t'� rr� 1 u - a.. _ �. Average Delay 0.3 Intersection Capacity Utilization 42.3% ICU Level of Service A Analysis Period (min) 15 Baseline Synchro 6 Report Metro Transportation Page 1 Baseline Synchro 6 Report Metro Transportation Page 1 Agenda Item No. 8A September 27, 2005 HCM Unsignalized Intersection Capacity Analysis Tanglewood TRIM- 'PAk 3: Loop Road & Collier Boulevard 4/8/2005 yyam�,�, t ":��q r,n { Q r{ �'='vK. '"",�,.tn w k:tidg�„ `, £�• �i 5.� 'tA:�+,��#'.��a4;.�� 1x��+�4��!� ��b�" sf��'! �''s�� "hi•..'�-r°ar..c.;._`;,, ta.,�:�::.+�F,: +"`'��+- - l��X�S� Lane Configurations Sign Control stop, Free Free; Grade 0% 0% 0% Volume (veh1h) 0 40 80 1708 1405 20 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 0- 43' 87 185.7 1527 22 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked _ vC, conflicting volume 2320 509 1549 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 2320 509 1549 tC, single (s) 6.8 6.9. 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 100 91 79 cM capacity (vehlh) 25 509 424 D fctio ).ane #`:. �... '" EB 1: =,` X16, t'._ NB 2 . Volume Total 43 87 619 619 619 509 509 509 22. Volume Left 0 87 0 0 0 0 0 0 0 Volume Right , 43 0 0 0 0 0 0 0 22 cSH 509 424 1700 1700 1700 1700 1700 1700 1700 Volume to Capacity 0.09 0.21 0.36 0.36 0.36` 0.30 0.30 0.30 0.01 Queue Length 95th (ft) 7 19 0 0 0 0 0 0 0 Control Delay {s) 12.7 15.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Lane LOS B C Approach Delay (s) 12.7 0.7 0.0 Approach LOS B -.4 V -. {S l �'�' x s.f 4 44 �.y �,•q(, 9Ykt: � �., k 4.: Average Delay 0.5 Intersection Capacity Utilization 38.2% ICU Level of Service A Analysis Period (min) 15 Baseline Synchro 6 Report Metro Transportation Page 1 Agenda Item No. 8A September 27, 2005 Page 69 of 112 TRIP GENERATION EQUATIONS n Agenda Item No. 8A September 27, 2005 Page 70 of 112 TRIP GENERATION EQUATIONS TANGLEWOOD PUD ITE TRIP GENERATION REPORT, 7" EDITION Land Use Weekday AM Peak Hour Weekday PM Peak Hour Daily (2 -way) Single - Family Detached Housing LUC 210) T = 0.70 (X) + 9.43 Ln (T) = 0.90 Ln (X) + 0.53 Ln (T) = 0.92 Ln (X) + 2.71 T = Trips, X = Units General Office LUC Off Ln (T) = 0.80 Ln (X) + 1.55 T = 1.12 (X) + 78.81 Ln (T) = 0.77 Ln (X) + 3.65 T = Trips, X = 1,000 s . ft, of GFA Shopping Center LUC 820 Ln (T) = 0.60 Ln (X) + 2.29 Ln (T) = 0.66 Ln (X) + 3.40 Ln (T) = 0.65 Ln (X) + 5.83 T = Trips, X = 1,000 s . ft. of GLA Agenda Item No. 8A September 27. 2005 Page 71 of 112 ORDINANCE NO. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURE (A) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) KNOWN AS SONOMA OAKS MPUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY % MILE NORTH OF VANDERBILT BEACH ROAD (CR 862), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.5 ACRES; AND PROVIDE AN EFFECTIVE DATE. WHEREAS, Richard and Frances Craig, and CDN Properties, LLC, represented by Robert Mulhere, AICP, of RWA, Inc. and R. Bruce Anderson, of Roetzel and Andress, petitioned the Board of County Commissioners to change the zoning classification of the subject real property, pursuant to Petition PUDZ- 2005 -AR -7469. 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 located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture (A) to Mixed Use Planned Unit Development (MPUD) in accordance with the PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. Agenda Item No. 8A September 27. 2005 Page 72 of 912 PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ns Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney FRED W. COYLE, CHAIRMAN Agenda Item No. 8A September 27, 2005 Page 73 of 112 SONOMA OAKS MPUD A MIXED -USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE SONOMA OAKS MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: CARL M. NAGEL, AGENT FOR CDN PROPERTIES, LLC 711 FIFTH AVENUE SOUTH, SUITE 209 NAPLES, FLORIDA 34102 and THOMAS R. CRAIG, AGENT FOR RICHARD & FRANCES CRAIG 2770 S. HORSESHOE DRIVE, SUITE 4 NAPLES, FLORIDA 34104 PREPARED BY: -PUT ANC. C(,)NSUL "1'1NG L ♦ V_L _EL 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 and R. BRUCE ANDERSON, ESQUIRE ROETZEL & ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE -THIRD FLOOR NAPLES, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT "A" 08/18/05 G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 74 of 112 TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES 1 STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 1 -1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS II -1 SECTION III RESIDENTIAL DEVELOPMENT STANDARD III - I SECTION IV COMMERCIAL TRACT (C) IV -1 SECTION V PRESERVE TRACT (P) V -1 SECTION VI DEVELOPMENT COMMITMENTS VI -1 G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 75 of 112 LIST OF EXHIBITS, TABLES AND APPENDIX EXHIBIT "A" MPUD MASTER PLAN EXHIBIT "B" LEGAL DESCRIPTION TABLE I PROJECT LAND USE TRACTS TABLE II RESIDENTIAL DEVELOPMENT STANDARDS TABLE III COMMERCIAL DEVELOPMENT STANDARDS G: \CurrentlWilliams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 76 of 112 STATEMENT OF COMPLIANCE The development of 37.5± acres of property in Collier County, Florida, as a Mixed -Use Planned Unit Development (MPUD) to be known as Sonoma Oaks MPUD, complies with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan (GMP). The development of Sonoma Oaks MPUD will be consistent with and further the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). More specifically, the Sonoma Oaks MPUD will be consistent with the GMP goals, objectives and policies, and with the Collier County Land Development Code (LDC), and other applicable regulations for the following reasons: The subject property is designated Urban on the Future Land Use Map (FLUM) and lies within the Urban — Mixed Use District, Urban Residential Subdistrict. A 9.38± acre portion of the subject property qualifies for commercial zoning under the Office and In -fill Commercial Subdistrict provisions of the Urban — Mixed Use District in the Future Land Use Element (FLUE), as amended. The remaining 28.12± acres qualify for residential development at up to 4.0 dwelling units per acre. The PUD provides for a maximum of 112 dwelling units and a maximum of 120,000 square feet of commercial office and retail use. 2. The purpose and intent of the Office and Infill Commercial Subdistrict provisions of the GMP reads as follows: The intent of this Subdistrict is to allow low intensity office commercial or in -fill commercial development on small parcels within the Urban -Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right -of -way, except for an intervening local street; and "commercial " refers to C -1 through C -S zoning districts and commercial components of PUDs. A. The proposed MPUD is within the Urban — Mixed Use District. B. The proposed MPUD abuts Collier Boulevard (C.R. 951), which is classified as an Arterial on the Collier County Functional Classification Map. C. This MPUD designates 9.38 acres along Collier Boulevard for Commercial use as set forth under the Office and Infill Commercial Subdistrict. Although the commercial area has been reconfigured from an east -west orientation along Mission Hills Loop Road to a north -south orientation along Collier Boulevard, the commercial area is limited to 9.38± acres, and is consistent with all other criteria and provisions as set forth in the Office and Infill Commercial Subdistrict. Moreover, the proposed uses are generally lower intensity uses, and thus are compatible with adjacent and nearby residential and commercial development. u G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD\PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 77 of 112 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's requested density and intensity as described in Objective 2 of the Future Land Use Element. 4. The development will be compatible and complimentary to existing and planned surrounding land uses as required by Policy 5.4 of the FLUE. 5. The development of the Sonoma Oaks MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The native vegetation provisions of the Sonoma Oaks MPUD implements Policy 6. 1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. 7. By virtue that the project must comply with the provisions of Chapter 6 of the LDC, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub - Element, and Objective 1.5 of the Recreation and Open Space Element. The project provides a roadway connecting Wolfe Road and the Loop Road, allowing access for the public to the shopping center (immediately to the south) and to Wolfe Road (which is the site of a future traffic signal at Collier Boulevard), thereby reducing traffic volumes and improving at the intersection of Vanderbilt Beach Road and Collier Boulevard. In addition, the connection road provides an alternate route for emergency vehicles from the Golden Gate Fire Station 73, located immediately north of Sonoma Oaks PUD across Wolfe Road, which will allow them to avoid the intersection when traveling west. As a result, the Project furthers Goal 1 of the Transportation Element, and specifically the following Objectives: 2, 3, 4, 5, and 7. 9. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 10. All final local development orders for this project are subject to the County's Adequate Public Facilities, Section 6.02.00, as amended, of the Collier County Land Development Code. iii G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE Agenda Item No. 8A September 27, 2005 Page 78 of 112 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 Sonoma Oaks MPUD. 1.2 LEGAL DESCRIPTION THE SUBJECT PROPERTY BEING 37.5± ACRES, IS COMPRISED OF 3 ADJOINING PARCELS THAT ARE LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND IS FULLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT -OF -WAY (PARCEL 1). THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT -OF -WAY (PARCEL 2). THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO EXISTING RESTRICTIONS AND RESERVATIONS OF RECORD; AND EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT -OF -WAY (PARCEL 3). 1.3 PROPERTY OWNERSHIP The subject property is owned by: Parcels 1 and 2 are owned by: CDN Properties, LLC, 711 Fifth Avenue South, Suite 209, Naples, Florida 34103. Parcel 3 is owned by: Richard D. and Frances A. Craig, P.O. Box 899, Edwards, Colorado 81632. I -1 1.4 DEVELOPER GXurrent \Williams \PUDZ - Planned Unit Development Zoning\Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2- 05.doc Agenda Item No. 8A September 27, 2005 Page 79 of 112 The Sonoma Oaks MPUD property is intended to be developed by the applicants. All reference to the "Developer" as may be contained in this MPUD Document shall mean the applicants, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Developer to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance, or assignment. 1.5 GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the west side of Collier Boulevard, approximately'/ mile north of Vanderbilt Beach Road, Section 34, Township 48 south, Range 26 east (unincorporated) Collier County, Florida. The zoning classification of the subject property prior to the date of the approved PUD was "A," Rural Agricultural. The co- applicants have demonstrated unified control of the subject property with the submission of an affidavit of unified ownership. 1.6 PHYSICAL DESCRIPTION The Project site is primarily located within the Harvey Drainage Basin, according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the south through the Mission Hills PUD water management system. The discharge point from the Mission Hills PUD is the existing swale, located along the northern side of Vanderbilt Beach Road. Natural ground elevation typically varies from 12.9 to 13.5 NGVD; average site elevation is 13.2 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment will be accomplished by an on -site lake system prior to discharge into the Mission Hills PUD stormwater management system. The water management system will be permitted by the South Florida Water Management District ( SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre- treatment, and wetland hydrology maintenance. I -2 Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is #2 — Holopaw Fine Sand, Limestone Substratum. G: \Cwrent \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 80 of 112 The subject property is mostly cleared. The remaining vegetation consists predominantly of pine flatwoods and woodlands with a mix of different vegetation types. 1.7 PROJECT DESCRIPTION The Sonoma Oaks MPUD shall be a mixed -use development. The eastern 9.38± acres of the property, shall allow for a variety of office and low intensity commercial uses. The remainder of the property shall be developed as a residential community. The developer will provide a public road that will interconnect Wolfe and Loop Roads and separate the Commercial and residential components of the MPUD. Access to the property will be provided via a right in along Collier Boulevard, and a full- access opening along Wolfe and two access points along Loop Road. The Commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The Sonoma Oaks MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Sonoma Oaks Mixed -Use Planned Unit Development Ordinance ". I -3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 81 of 112 2.1 PURPOSE The purpose of this section is to generally describe the project plan of development, relationships to applicable County Ordinances, the respective land use tracts within the Sonoma Oaks MPUD, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Sonoma Oaks MPUD shall be in accordance with the contents of this document, the PUD- Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Sonoma Oaks MPUD shall become part of the regulations that govern the manner in which the MPUD site may be developed. D. Unless modified, waived, or excepted through the approval of a deviation stated herein, 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 MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.00, Adequate Public Facilities, at the earliest or next -to -occur of either Site Development Plan approval, Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit "A," MPUD Master Plan. There shall be three land tracts, portions of which may include water management lakes or facilities, and private rights -of -way. A breakdown of the Sonoma Oaks MPUD land use tracts and their respective acreages is presented in Table I. II -1 TABLE I PROJECT LAND USE TRACTS TRACT TYPE' ACREAGE G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doe Agenda Item No. 8A September 27, 2005 Page 82 of 112 *Remaining 0.39 acres of required preserve will be provided at first of SDP or Plat approval. B. Areas illustrated as lakes by 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, lakes and intermittent wet and dry 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 Plat or Site Development Plan approval, subject to the provisions of Sub - Section 10.02.05 C. and Section 10.02.12, respectively, of the LDC, or as otherwise permitted by this MPUD 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& INTENSITY A maximum of 112 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial /office development is approximately 28.13 acres. The gross project density, therefore, will be a maximum of 4 dwelling units per acre. The Commercial Tract will be limited to 9.38± acres, and the maximum development intensity shall be limited to a maximum of 120,000 square feet of commercial uses as set forth in Section 4.2 of this MPUD. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to Final Local Development Order issuance for all or part of the MPUD, final plans of all required improvements shall receive approval from the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan and the LDC. B. Exhibit "A," MPUD Master Plan, constitutes the required MPUD Development Plan. Any division of property and development of the land shall be in compliance with Sections 10.02.03 & 10.02.05 of the Collier County LDC, and the platting laws of the State of Florida. II -2 C. The provisions of Section 10.02.03 of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc 9.38± (excluding ac. for ROW TRACT "C" COMMERCIAL reservation) 12.41± (excluding ac. for ROW RACT "R" RESIDENTIAL reservation and lake) RACT "P" PRESERVE 5.32 ±* *Remaining 0.39 acres of required preserve will be provided at first of SDP or Plat approval. B. Areas illustrated as lakes by 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, lakes and intermittent wet and dry 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 Plat or Site Development Plan approval, subject to the provisions of Sub - Section 10.02.05 C. and Section 10.02.12, respectively, of the LDC, or as otherwise permitted by this MPUD 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& INTENSITY A maximum of 112 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial /office development is approximately 28.13 acres. The gross project density, therefore, will be a maximum of 4 dwelling units per acre. The Commercial Tract will be limited to 9.38± acres, and the maximum development intensity shall be limited to a maximum of 120,000 square feet of commercial uses as set forth in Section 4.2 of this MPUD. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to Final Local Development Order issuance for all or part of the MPUD, final plans of all required improvements shall receive approval from the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan and the LDC. B. Exhibit "A," MPUD Master Plan, constitutes the required MPUD Development Plan. Any division of property and development of the land shall be in compliance with Sections 10.02.03 & 10.02.05 of the Collier County LDC, and the platting laws of the State of Florida. II -2 C. The provisions of Section 10.02.03 of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 83 of 112 D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. E. In the case of zero lot line units and development tracts using the 4 and 8 -foot setback option, at the time of subdivision plat for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 2.6 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Changes and amendments may be made to this MPUD Ordinance or MPUD Master Plan, Exhibit "A," as provided for in Section 10.02.13. of the LDC. Minor changes and refinements, as described in Section 6.3.C. of this MPUD document, may be made in connection with any type of development or permit application required by the LDC. 2.7 COMMON AREA MAINTENANCE Should tracts or parcels be created with ownership and maintenance responsibility common to all owners of property within this MPUD, appropriate legal instruments shall be provided for the establishment of a Property Owners Association. The functions of the Property Owners Association shall include provisions for the perpetual care and maintenance of all common areas and facilities, including open space and native preservation areas, subject to the provisions of LDC Section 2.2.20.3.8. set forth as follows: "Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan or development, the development services director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If II -3 deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the development services director shall call upon any public or private agency to maintain the common open space for a period of one year. When the development services director determines that the subject organization is not prepared or able to maintain the common open space or G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 84 of 112 common facilities, such public or private agency shall continue maintenance for yearly periods. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties." This Section of the original codification of the LDC was unintentionally omitted from the re- codified LDC, and is intended to be added, but is nonetheless still presently effective. 2.8 MODEL, SALES/RENTAL 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 Sonoma Oaks MPUD subject to the requirements of Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the Collier County Land Development Code. Temporary Use Permits for sales centers and model homes may be approved subsequent to zoning approval. Temporary Use Permit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted, and approved pursuant to Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04. of the LDC, with applications for improvement plans and final subdivision plat, to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. B. Temporary uses for sales centers may be serviced by temporary well and septic systems. 2.9 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. Site Development Plan (SDP) application(s) for the clubhouse and related facilities may be submitted concurrently with applications for improvement plans and final subdivision plat to depict the location of the clubhouse and related facilities within a future platted tract. The approval of the clubhouse SDP is not dependant on final plat approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. II -4 2.10 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.8 of this MPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but shall not be expanded in size. G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 85 of 112 2.11 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed -use residential projects maintain open space at a minimum of 30% of the entire MPUD (excluding R.O.W reserved for Wolfe Road and Collier Boulevard). The MPUD Master Plan identifies preserves, lakes, and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Chapter 4.02.01 (B) of the LDC for mixed -use developments. 2.12 RIGHTS -OF -WAY At the discretion of the developer, the minimum right -of -way width to be utilized for all project streets may be fifty feet (50'). Deviation 1 from LDC Section 6.06.01 (0) (Section III of the proposed Construction Standards Manual intended to be adopted as part of the County's Administrative Code) that requires right of way for local roads to be a least sixty feet (60'). Utilization of lands 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. 2.13 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sonoma Oaks MPUD except in the Preserve Area. General permitted uses are those uses that generally serve the Developer, owners, and tenants of the Sonoma Oaks MPUD and are typically part of the common infrastructure. A. General Permitted Uses: Essential services as set forth under LDC, Section 2.01.03. 2. Water management facilities and related structures. 3. Irrigation treatment and distribution facilities. 4. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Il -5 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in Section 2.19 of this MPUD. G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 86 of 112 2.14 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or B. Redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.03.06. C. The Sonoma Oaks MPUD is a planned mixed -use development and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality for the commercial uses and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, pavement treatments, roadway medians, fences, walls, buffers, berms, and other similar facilities. The MPUD will comply with all applicable provisions of LDC Chapter 5, unless a deviation from these standards is authorized as a condition of a subsequent development order. II -6 G: \Current \Williams\PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUDTUD Document, 9- 2 -05.doc SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE Agenda Item No. 8A September 27, 2005 Page 87 of 112 The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the MPUD Master Plan, Exhibit "A ". Infrastructure, perimeter land use buffers, signage, as well as project recreational /social facilities will occur within this Tract "R ". The residential portion of this PUD will not be developed or operated as a rental community. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 112 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: A. Principal Uses: 1. Single- family attached dwellings (including townhouses intended for fee simple conveyance) 2. Zero lot line dwellings 3. Single- family detached dwellings 4. Two - family dwellings 5. Multiple - family dwelling 6. Patio homes (as defined in footnote 1, Table II of this section) B. Accessory Uses: Customary accessory uses and structures including, but not limited to clubhouses, private garages, swimming pools with, or without screened enclosures, tennis courts, tot lots, playgrounds and other outdoor recreation facilities, along with the following: Model Homes (See Section 2.8 of this MPUD Document). III -1 G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 88 of 112 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. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. OFF - STREET PARKING AND LOADING REQUIREMENTS: As required by Section 4.03.01 of the Collier County Land Development Code in effect at the time of building permit application. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO - FAMILY, 2 STORIES SINGLE- FAMILY PATIO''` & CLUBHOUSE/ FAMILY ATTACHED & ZERO LOT MULTI RECREATION DETACHED TOWNHOUSE LINE FAMILY BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 10,000 S.F. MINIMUM LOT WIDTH MINIMUM FLOOR AREA MIN FRONT YARDS MIN SIDE YARD MIN REAR YARD MIN PRESERVE SETBACK MIN. DIST. BETWEEN STRUCTURES MAX. BLDG. HT. 4 NOT TO EXCEED ACCESSORY STRUCTURES FRONTS SIDE REAR PRESERVE SETBACK MAX. BLDG. HT. 4 NOT TO EXCEED PER UNIT 35 FEET 1,000 S.F. 15 FEET 6 FEET 15 FEET 25 FEET 12 FEET 2 STORIES 35 FEET 10 FEET 5 FEET 5 FEET' 10 FEET 2 STORIES 35 FEET PER UNIT 20 FEET 1,000 S.F. 15 FEET 0 FEET or 6 FEET 15 FEET 25 FEET PER UNIT 35 FEET 1,000 S.F. 15 FEET 0 FEET or 6 FEET 15 FEET 25 FEET 12 FEET 12 FEET 2 STORIES 2 STORIES 35 FEET 35 FEET 10 FEET 5 FEET 5 FEET' 10 FEET 2 STORIES 35 FEET III -2 10 FEET 5 FEET 5 FEET' 10 FEET 2 STORIES 35 FEET 100 FEET N/A 1,000 S.F/D.U. N/A 15 FEET N/A 15 FEET N/A 20 FEET N/A 25 FEET 25 FEET 15 FEET or N/A '/z BH, WHIC]HEVER IS GREATER 3 STORIES 2 STORIES 45 FEET 45 FEET 10 FEET 5 FEET 5 FEET' 10 FEET 3 STORIES 45 FEET BH: Building Height G: \Current \Williams\PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2- 05.doc 20 FEET /2 BH 10 FEET' 10 FEET 2 STORIES 45 FEET Agenda Item No. 8A September 27, 2005 Page 89 of 112 Notes: Front yards shall be measured as follows: If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. If the parcel is served by a private road, setback is measured from the back of curb (f curbed) or edge of pavement (f not curbed). 1) A Patio Home is a detached or semi - detached single - family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. 2) Setback may be either zero feet (0) on one side and six feet (6 ) on the other side in order to provide a minimum separation between principal structures of twelve feet (12 ). Alternatively, if the zero foot (0 ) setback option is not utilized, then the minimum setback shall not be less than four feet (4 ) and the combined setback between principal structures shall be at least hvelve feet (12'). At the time of subdivision platfor each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 3) Setback from preserve areas shall be twenty -five feet (25 ) for principal structures and ten feet (10 ) for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. 4) Building height is measured as set forth in LDC Section 1. 08.02 Definitions "zoned height of building. " 5) Front loading garages shall have a minimum front yard setback twenty -three feet (23 ), as measured from the back of sidewalk. Side loaded garages may be located less than twenty -five feet (23 ) feet from the back of sidewalk-provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk These provisions apply to a garage whether- attached or detached to the principal structure. 6) Setback from lake easements, for all accessory uses and structures may be zero feet (0 ). 7) No structure, other than those permitted within the LDC to be located within a required landscape buffer - tract or easement, shall encroach into a required landscape buffer tract or easement. 8) Actual Height, as defined in the LDC, shall not exceed 40 feet for single-family attached, single-family detached, two family attached and zero lot line development, or 45 feet for multi family and clubhouse development. III -3 SECTION IV G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc COMMERCIAL TRACT (C) 4.1 PURPOSE Agenda item No. 8A September 27, 2005 Page 90 of 112 The purpose of this Section is to set forth the development plan for areas designated as Tract "C," Commercial on Exhibit "A," MPUD Master Plan. The general function and purpose of this tract is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions, to many segments of the population. 4.2 MAXIMUM COMMERCIAL /OFFICE SQUARE FEET The 9.38± acre Commercial (Tract "C "), shall not be developed with more than 120,000 square feet of commercial /office uses, and in no case shall a retail use or uses, or an office use be permitted if the trip generation rate for said use or uses exceeds the trip generation rate for Land Use Code (LUC) 820 Shopping Center or LUC 710 General Office, respectively, as set forth in the Institute of Transportation Engineers (ITE) Report in effect at time of SDP review. 4.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses I: 1. 5231 — Paint Glass, and Wallpaper Stores; 2. 5331 —Variety Stores 3. 5399 — Miscellaneous General Merchandise Store 4. 5441 — Candy, Nut and Confectionary Stores 5. 5451 — Dairy Product Stores 6. 5499 — Miscellaneous Food Stores 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. IV -1 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Industry Group 571, 572 and 573 in the Standard Industrial Classification Manual. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. GXurrem \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 91 of 112 9. 5812 — Eating Places, except that a maximum of one free standing fast food restaurant, as defined in the LDC, shall be permitted, not to exceed 5,000 square feet of gross leasable floor area. 10. 5912 — Drug Stores and Proprietary Stores 11. 5941 — Sporting Goods and Bicycle Shops 12. 5942 — Book Stores 13. 5943 — Stationary Stores 14. 5944 — Jewelry Stores 15. 5945 — Camera and Photographic Supply Store 16. 5947 — Gift, Novelty and Souvenir Shops 17. 5943 — Luggage and Leatherworks Store 18. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 19. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 722 — Photographic Portrait studios b. 723 — Beauty Shops C. 724 — Barber Shops d. 725 — Shoe Repair Shops and Shoeshine Parlors e. 729 — Miscellaneous Personal Services, only including 7291 Tax Return Preparation Services, and 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Industry Number 7384, Photofinishing Laboratories. IV -2 21. Establishments engaged in miscellaneous repair services, only including Industry Numbers 7631 — Watch, Clock, and Jewelry Repair and 7699 — Repair Shops and Related Services, Not Elsewhere Classified. G: \Current \Williams\PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doe IV Agenda Item No, 8A September 27, 2005 Page 92 of 112 22. 7841 — Video Tape Rental. 23. 7991 — Physical Fitness Facilities 24. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Industry Groups: a. 801 — Offices and Clinics of Doctors of Medicine; b. 802 — Offices and Clinics of Dentists; C. 803 — Offices and Clinics of Doctors of Osteopathy; d. 804 — Offices and Clinics of Other Health Practitioners. 25. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 26. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 27. Establishment operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711 —Engineering Services b. 8712 — Architectural Services C. 8713 — Surveying Services d. 8721 — Accounting, Auditing and Bookkeeping Services e. 8741 — Management Services f. 8742 — Management Consulting Services g. 8743 — Public Relations Services h. 8748 — Business Consulting Services. 28. Any other Permitted use set forth in the LDC in the C -3 district, except 5411 free standing Grocery Stores only, and 5813 Drinking Places. Conditional Use Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). IV -3 G: \Current \Williams\PUDZ - Planned Unit Development Zonine\Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 93 of 112 C. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this MPUD Document. 2. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 3. One caretaker's residence. 4.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Sonoma Oaks MPUD Commercial Tract. Standards not specified herein shall be those specified in applicable sections of the LDC in effect in effect at the time of site development plan or subdivision plat review and approval. B. Architectural Uniformity: Development within the Commercial Tract of this MPUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture may be derived from Section 5.05.08 of the LDC, or may be unique to the MPUD, in conformance with the applicable guidelines and standards of Section 5.05.08 of the LDC, unless an exception, waiver, or variance from those guidelines or standards is granted. IV -4 G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 94 of 112 TABLE III COMMERCIAL DEVELOPMENT STANDARDS s,y 2f" In PR1fiCIPAL J�LJSrAV VOR W'SEiii: INIMUM LOT AREA 10,000 sq. ft. N/A AVERAGE LOT WIDTH 100 ft. N/A INIMUM YARDS (External) From Wolfe Road 25 ft. SPS From Future Collier Blvd. 25 ft. SPS From Loop Road 25 ft. SPS MINIMUM YARDS (Internal) Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. akes 25 ft. 10 ft. Preserves 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 10 ft. or 1/2 the sum of building heights* 10 ft. MAXIMUM HEIGHT * ** Retail Buildings 1 story and 42 ft. 42 ft. Office Buildings 3 stories and 42 ft. 42 ft. MINIMUM FLOOR AREA 1,000 sq. ft. ** N/A MAXIMUM GROSS LEASABLE AREA 120,000 sq. ft. N/A * whichever is greater ** per principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of twenty-five (25) square feet and are not subject to setback requirements set forth above. * ** Actual Height as Defined in the LDC shall not Exceed 50 feet. C. Lightinz Lighting shall be located so that no light is aimed directly toward a property designated residential, where such lighting is located within two hundred (200) feet of any residential property. Said lighting shall be shielded where necessary to prevent glare onto adjacent residential property. IV -5 SECTION V G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2- 05.doc PRESERVE AREA 5.1 PURPOSE Agenda Item No. 8A September 27, 2005 Page 95 of 112 The purpose of this Section is to set forth the development plan for areas designated as Tract "P," Preserve Area on Exhibit "A," MPUD 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. 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: Open spaces/Nature preserves. B. Accessory Uses: 1. Water management structures. 2. Mitigation areas. 3. Footpaths and boardwalks, provided any clearing required to facilitate these uses does not impact the minimum required vegetation. V -1 G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE Agenda Item No. 8A September 27, 2005 Page 96 of 112 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, Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section 4.02.00 of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the MPUD, 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 any commitments within this agreement. 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. 6.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A," MPUD 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 site development plan application. Subject to the provisions of Section 10.02.13 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. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Sonoma Oaks MPUD Master Plan upon written request of the Developer. VI -1 1. The following limitations shall apply to such requests: G: \Current \Williams\PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda item No. 8A September 27, 2005 Page 97 of 112 a. The minor change or refinement shall be consistent with the GMP, and the Sonoma Oaks MPUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13 of the 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 MPUD boundaries. 2. The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C.1 of this document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area below the amount required in this MPUD document. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the SFWMD and Collier County. C. Internal realignment of roadways and interconnection to off -site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the MPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of MPUD tract boundaries when there is no proposed encroachment into Preserve Area, except as provided for in "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 from, and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee'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 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION G: \Current \Wllliams\PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 98 of 112 A. This MPUD is subject to the Sunset Provisions of Section 10.02.13 of the LDC. B. An annual MPUD monitoring report shall be submitted pursuant to Section 10.02.13 of the LDC and be in the form of an affidavit by the property owner or designated agent. 6.5 TRANSPORTATION The development of this MPUD Master Development Plan 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 (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with the LDC. 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) for the units /square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the MPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan, at the discretion of the developer; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. Site related improvements shall be in place by phase, and available for access, prior to the issuance of the first CO of that phase. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended, and Section 6.02.01 of the LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. VI -3 G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to G: \Current \Williams\PUDZ - Planned Unit Development Zoning\Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda item No. 8A September 27, 2005 Page 99 of 112 be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in /right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities, except for the reverse connector road between Wolfe and Loop Roads that may be dedicated to the County. J. If any required turn lane improvement requires the use of existing County right -of- way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the fair share cost of such improvement shall be borne by the developer. L. The applicant has agreed to convey right -of -way for Collier Boulevard and Wolfe Road: (1) Collier Boulevard - a strip of land 65 feet in width and running the entire length of the property's frontage on Collier Boulevard; and (2) Wolfe Road — a strip of land 80 feet in width and 540 feet in length along the projects Wolfe Road Frontage. M. No Certificates of Occupancy shall be granted for improvements within this PUD prior to October 1, 2007, with the exception of certificates of occupancy for construction trailers and a sales facility. 6.6 WATER MANAGEMENT The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: VI -4 G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No. 8A September 27, 2005 Page 100 of 112 A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. 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 will be required for the proposed lakes in accordance with the LDC and SFWMD Rules. C. The project developer must obtain an ERP or Early Work Permit from the SFWMD prior to Site Development Plan approval. 6.7 UTILITIES The development of this MPUD 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. 01 -057, 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. C. The development will be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. D. The Developer will provide Collier County with an easement or fee simple title for a parcel of land generally located in the southeast quadrant of the site for a well and pump- house. The size of the well and pump -house parcel shall be the minimum necessary to accommodate these improvements and shall not exceed 10,000 square feet. The precise location shall be determined at the time of first site development plan or subdivision plat approval. It shall be the responsibility of Collier County to design and construct the pump- house, fencing, signage, and lighting, and any other site improvements so as to conform to, and be harmonious with, the architecture of the commercial or residential site location, depending upon the final site location. 6.8 ENVIRONMENTAL The development of this MPUD 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 ERP Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. VI -5 G: \Current \Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Agenda Item No, 8A September 27, 2005 Page 101 of 112 B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, those found in Section 704.06, of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowner's association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Development must 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, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. D. The MPUD shall be consistent with the environmental sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. E. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to Plat/Construction Plan approval. 6.9 ADDITIONAL DEVELOPMENT COMMITMENTS A. Developer shall make a payment of one thousand dollars ($1000), at the time of the first and each subsequent closing on the sale of each dwelling unit constructed on the PUD property, to the Empowerment Alliance of Southwest Florida Community Development Corporation. This commitment and the subsequent payments may be credited against any subsequently adopted affordable, work force, and/or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, linkage fees and/or other similar tax or charge which would otherwise be applicable to the PUD property, as may be so contemplated and provided for by such subsequently adopted provisions. VI -6 G: \Current\Williams \PUDZ - Planned Unit Development Zoning \Sonoma Oaks (Tanglewood) MPUD \PUD Document, 9- 2 -05.doc Nd rd ��r.Sd:�Q�drN vre caoarola s a pusznsHOD Q!l dW SCIY0 Y tONOS TYS SraN aNd aadx�r� �'° a" 1 �,� S�LL2r9d02rd NOS Sw PC 'JNI W'A1M1]W u 4= 4444I" 6C� t6 H X] E Hui W! p 3 Sq�S+E� Z L^ � B tit UkL��yn �n e Sto Ohl s y�7L � 5 .415 z 111 M 50; zzQ oil $ a a4 mWW�R$ Ryt4: SM Q a �n �a �a �W H z 0 ----------- w p � w a U p O Oaw w o w Z a � 0 � U 500 U E w Z Agenda Item No. 8A September 27, 2005 Page 103 of 112 EXHIBIT B LEGAL DESCRIPTION THE SUBJECT PROPERTY BEING 37.5± ACRES, IS COMPRISED OF 3 ADJOINING PARCELS THAT ARE LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND IS FULLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT -OF -WAY (PARCEL 1). THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT - OF -WAY (PARCEL 2). THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO EXISTING RESTRICTIONS AND RESERVATIONS OF RECORD; AND EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT -OF -WAY (PARCEL 3). Agenda Item No. 8A September 27, 2005 Page 104 of 112 EXHIBIT SCHEDULE OF DEVIATIONS Deviation 1 seeks relief from LDC Section 6.06.01(0) and LDC Appendix B, in order to allow 50 feet of right -of -way for local roads rather than the required 60 -foot width (throughout). A 50 -foot right -of -way is permitted in this MPUD to provide for flexibility in development design. The 50 -foot foot right -of -way width still allows for all necessary improvements within the ROW and safe vehicular travel ways. If needed, easements for required utilities can be provided generally parallel to the right -of -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. RECEIVeDLEGAL PROFESSIONAL ASSOCIATION SEP 0 6 2005 ZONING DEPARTMENT VIA E -MAIL AND U.S. MAIL Heidi Williams, Principal Planner Collier County Government Center 3301 Tamiami Trail East Naples, FL. 34112 August 31, 2005 850 PARK Silba@DkKk of 112 TRIANON CENTRE - THIRD FLOOR NAPLES, FL 34103 239.649.2708 DIRECT 239.649.6200 MAIN 239.261.3659 FAX bandeson@ralaw.com Re: September 27, 2005 Agenda: Petition PUDZ- 2005 -AR- 7469 -PUD Sonoma Oaks Mixed Use PUD, F/K/A Nagel Craig Business Park Dear Ms. Williams: On August 30`h I sent the attached letter to each of the County Commissioners regarding the matter referenced above. Please note that I have inserted an additional sentence at the end of the second paragraph. I would appreciate it if you would amend the agenda package sent to you by Bob Mulhere for this item to include this new first page. Thank you for assistance on this matter. Please contact me if you have any questions or concerns. Sincerely, R. Bruce Anderson For the Firm Enc. RBA/ca 480024.1.103453.0002 August 30, 2005 VIA E -MAIL AND U.S. MAIL Board of County Commissioners Collier County Government Center 3301 Tamiami Trail East Naples, FL. 34112 850 PARK SH60MR109 Of 112 NAPLES, FL 34103 239.649.2708 DIRECT Re: September 27, 2005 Agenda: Petition PUDZ- 2005 -AR- 7469 -PUD Sonoma Oaks Mixed Use PUD, F/K/A Nagel Craig Business Park Dear Commissioners: You may recall that about a year ago the County Commission was scheduled to hear a - Business Park PUD Rezone petition for this 37 acre assemblage of property on the west side of Collier Boulevard next to the Mission Hills shopping center at the intersection with Vanderbilt Beach Road. Residents of Vanderbilt Beach Country Club opposed the Business Park rezone because of the industrial uses allowed. The residents and members of the Commission encouraged our clients to seek approval of a mixed use retail, office and residential project instead. It was this encouragement from residents and Commissioners, and the request by County Transportation for a north -south connector road through the project, that resulted in the current PUD application for a retail, office and residential PUD master site plan. Comprehensive Planning staff now recommends denial of this PUD, unless the Commission makes a policy interpretation that the project, which relocates in the PUD the acreage already eligible for commercial infill, meets the criteria of the Office and Commercial Infill provisions of the Comprehensive Plan. Staff agrees that it is a policy decision for the Commission to make. The Planning Commission recommends approval of this PUD. Set forth below is a comparison of the applicants and Comprehensive Planning staff's findings and recommendations on how the criteria for commercial infill have been met by this project. The subject parcel consisting of + 9.38 acres eligible for commercial zoning is identified as Parcel I on the attached Exhibit 1. The MPUD Master Plan which relocates the 9.38 acres to the frontage along Collier Boulevard is attached as Exhibit 2. Agenda Item No. 8A September 27, 2005 Page 107 of 112 Board of County Commissioners August 30, 2005 Page 2 6. Office and In -fill Commercial Subdistrict The intent of this Subdistrict is to allow low intensity office commercial or in -fill commercial development on small parcels within the Urban -Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right -of -way, except for an intervening local street; and "commercial' refers to C -1 through C -5 zoning districts and commercial components of PUDs. a. The subject site is in the Urban-Mixed Use District. (YES) - Staff agrees this criteria is met. b. The subject site abuts a road classified as an arterial or collector on the Collier County Functional Class Map, as adopted in the Transportation Element. (YES) - Staff agrees this criteria is met. C. A rezone to commercial zoning is requested for the subject property in its entirety, up to a maximum of 12 acres. For a property greater than 12 acres in size, the balance of the property in excess of 12 acres is limited to an environmental conservation easement or open space. Under this provision, "open space" shall not include water management facilities unless said facilities are incorporated into a conservation or preservation area for the purpose of enhancement of the conservation or preservation area._ (YES) — Disagreement with staff. The subject parcel is less than 12 acres, only 9.38 acres. The other two parcels in the PUD total 2813 acres but do not abut commercial zoning. Staff incorrectly treats the northern two parcels as also abutting Mission Hills Commercial. d. The site abuts commercial zoning: (i) On one side and non - commercial zoning on the other side; (YES) - Only the southern 9.38 acre site abuts commercial zoning in the form of the developing Mission Hills PUD. or, (ii) On both sides. e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring jurisdiction. (YES) — Staff agrees the property is in the unincorporated area. Agenda Item No. 8A September 27, 2005 Page 108 of 112 Board of County Commissioners August 30, 2005 Page 3 f. The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case by case basis. (YES) — Staff agrees the death of the 9.38 acre southern parcel is equal to the death of the Mission Hills commercial development. g. Project uses are limited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides, the project uses may include those of the highest intensity abutting commercial zoning district. (YES) — We believe we are in aereement with staff that this criteria has been met as a result of Planning Commission stipulations for approval. I The subject property in its entirety was not created to take advantage of this provision, evidenced by its creation prior to the adoption of this provision in the Growth Management Plan on October 28,1997. This is the criterion that staff and we disagree most about The commercial area of this PUD meets this criterion in the following three ways: 11 The subject property is 9.38 acres abutting the Mission hills Sh000ing Center and was created as a separate tax parcel prior to 1997. The size of this pre - existing parcel limits the amount of acreage eligible for commercial inftU zoniny to 9.38 acres rather than the maximum of 12 acres allowed by GMP. The relocation of the eligible 9.38 acres to frontage along Collier Boulevard is caused by the County's request for a new public north -south connector road alone Collier Boulevard that splits in two the 9.38 acre parcel and the other two parcels that make up the PUD. Comprehensive Planning staff mistakenly views the relocation of the 9.38 acres when combined with other parcels in the PUD as creating a new parcel to take advantage of the infiU provision The 9.38 acre parcel already exists. MovLn g that parcel's commercial acreage when it becomes unified in a PUD does not create a new parceL Ownership patterns and eli iibble commercial acreage are the same before and after PUD zoning. Agenda Item No. 8A September 27, 2005 Page 109 of 112 Board of County Commissioners August 30, 2005 Page 4 2) If we were seeking approval for a 12 acre commercial Parcel rather than inst the 9.38 acres of the eligible parcel acreage, that would be creation of a new Parcel to take advantage of the infill provision 3) Even if PUD approval could eventually result in the creation of a new parcel down the road. the creation is as a result of and to accommodate a County road network, not to take advantage of the commercial infill provision, and therefore this criterion is satisfied. (i) For those sites that have existing commercial zoning abutting one side only: (i) commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met; (YES) — Staff agrees that this criteria has been met. and, (ii) uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non - commercial zoning on the other side. (YES) — We believe we are in agreement with staff that this criteria has been met as a result of Planning Commission stipulations for approval. j. For those sites that have existing commercial zoning abutting both sides, commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met. Staff and applicant agree these criteria are not applicable. k. Lands zoned for support medical uses pursuant to the "1/4 mile support medical uses" provision in the Urban designation shall not be deemed "commercial zoning" for purposes of this Subdistrict. Staff and applicant agree these criteria are not applicable. 1. For properties zoned commercial pursuant to any of the Infill Subdistricts in the Urban-Mixed Use District or in the Urban- Commercial District, said commercial zoning shall not qualify to cause the abutting property(s) to become eligible for commercial zoning under this Office and Infill Commercial Subdistrict. Staff and applicant agree these criteria are not applicable M. Land adjacent to areas zoned C -l/T on the zoning atlas maps, or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE, shall not be eligible for a rezone under the Office and Infill Commercial Subdistrict, except through aggregation as provided in Paragraphs i. and j. above. Staff and applicant agree these criteria are not applicable Agenda Item No. 8A September 27, 2005 Page 110 of 112 Board of County Commissioners August 30, 2005 Page 5 n. For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD, or abutting lands zoned for Business Park uses pursuant to the Business Park Subdistrict, or abutting lands zoned for Research and Technology Park uses pursuant to the Research and Technology Park Subdistrict, shall also qualify for commercial zoning so long as all other criteria under the Office and Infill Commercial Subdistrict are met. Staff and applicant agree these criteria are not applicable. o. At time of development, the project will be served by central public water and sewer. (YES) — Staff agrees this criterion is met. P. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. (YES) — We believe we are in agreement with staff that this criteria has been met as a result of Planning Commission stipulations for approval. q. The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban-Mixed Use District is 250 acres. Approval of this PUD wilt add 9.38 acres to the existing 112 acres previously rezoned as infill —. commercial. Thank you for your consideration. Please contact me if you have any questions or concerns. Sincerely, 1 R. Bruce Anderson For the Firm Robert Mulhere, AICP RWA, Inc. cc: Joe Schmitt Michelle Mosca David Weeks Susan Murray Heidi Williams Enc. 2 as stated RBA/ca 450013.2.103453.0002 Exhibit " 1 " i QtoN o �- O N O r C4 E 0) N d� Q in A.z., 3TgTM YJd3�NOl� M/'ld Y�ISYW QMW WAMMVW Mm _ 5`N6'o d1�1ION arraaQNYQmiala ..s 1 <<V 1101HX11 f ?lift= :1' :11! 911! 1 kill I �•� �! s +- -- �� T� V1 �a OH 0 z 0 V) II; I I I� I I II$ -- I $ 41 - -- - -- Z7 1 jb4j 3. II II 0 i1 uR R f" Agenda Item No. 88 September 27, 2005 Page 1 of 73 EXECUTIVE SUMMARY Approval of an amendment to the existing Flood Ordinance of Collier County, Florida (Ordinance No. 86 -28 as amended by Ordinance 87 -80 and Ordinance 90 -31) to repeal and replace certain sections, add new sections, adopt the new Flood Insurance Rate Maps prior to the Federal Emergency Management Agency's effective date of November 17, 2005, and add provisions to improve the County's scoring in the Community Rating System of the National Flood Insurance Program. OBJECTIVE: To obtain approval of changes and additions to the existing Flood Ordinance, including an ordinance title change to emphasize the County's interest in preventing flood damage on a long term basis, allow the Building Review and Permitting Department to begin implementing the new base flood elevation information that the Federal Emergency Management Agency (FEMA) will place into effect on November 17, 2005, and make effective some recommendations from the Community Rating System of the National Flood Insurance Program that will help improve the County's scoring and possibly allow for better flood insurance premium cost reductions. CONSIDERATIONS: The proposed Flood Damage Prevention Ordinance has been developed using the Model Flood Damage Prevention Ordinance prepared by the Florida Department of Community Affairs in April 2005. The Model Ordinance contained the basic requirements for compliance with the National Flood Insurance Program. It also contained some recommendations to promote safety and reduce flood damage potential. Local communities are encouraged to incorporate these recommendations, or other regulations that exceed the minimum requirements of the National Flood Insurance Program, as best fits the needs of the communities. Collier County, Florida has been a participant in the National Flood Insurance Program since 1979. The County also applied and became a participant in the Community Rating System (CRS) program of the National Flood Insurance Program. The CRS is designed to give local communities the opportunity to promote floodplain management and other flood protection and damage reduction activities by offering financial incentives in the form of discounted flood insurance premiums. Participating communities choose which CRS activities they want to implement and receive credit points based upon how well their programs fulfill the specified requirements. A listing of the various classifications, the required credit point score, and the percentage of flood insurance premium discount available are shown below. Credit points earned, classification awarded, and premium reductions given for communities in the National Flood Insurance Program Community Rating System. Premium Reduction Credit Points Class SFHA* _ Non- SFHA** 4,500+ 11 F10% 14,000 — 4,499 F2 A0% 110% 13,500 — 3,999 135% 10% 13,000 — 3,499 14 30% 110% ;2,500 — 2,999 15 25 % 10% Executive Summary Flood Damage Prevention Ordinance Page 2 F1 2,000 — 2,499 6_ j20% 110% , 1 500 -1,999 (7 115% 15% 1,000 —1,499 8 110% t5% 500 — 999 _ 9— 15% i5 % — 10 40 10 0-499 10 *Special Flood Hazard Area * *Preferred Risk Policies are available only in B, C, and X Zones for properties that are shown to have a minimal risk of flood damage. The Preferred Risk Policy does not receive premium rate credits under the CRS because it already has a lower premium than other policies. Although they are in SFHAs, Zones AR and A99 are limited to a 5% discount. Premium reductions are subject to change. Agenda Item No. 813 September 27, 2005 Page 2 of 73 Collier County is currently rated as a Class 7 community with a Credit Point score of 1692. This allows the flood insurance policy holders within unincorporated Collier County to have up to a fifteen percent (15 %) discount on their flood insurance premiums. Both the City of Naples and the City of Marco Island are Class 6 communities, and that allows their flood insurance policy holders to have up to a twenty percent (20 %) discount on their flood insurance premiums. The two main issues for the Board of County Commissioners to consider in the adoption of this Ordinance are: • Adoption and Implementation of the New FIRMs; and • Higher Regulatory Standards Adoption and Immnlementation of the New FIRMS — In December 1998, the Federal Emergency Management Agency (FEMA) issued a preliminary Flood Insurance Study (FIS) for Collier County, Florida, along with preliminary Flood Insurance Rate Map (FIRM) for comment and subsequent finalization. Since that time, the County and FEMA engaged in an ongoing effort to resolve their differences, including the County's undertaking of an effort to produce a more detailed Flood Insurance Study that addresses both coastal surge flooding and rainfall- induced rising water flooding. The County was not able to complete its Flood Insurance Study in the time limit established by FEMA. As a result, FEMA issued a Letter of Final Determination (LFD) dated May 17, 2005 to Collier County and in doing so officially notified the County that FEMA now considers the Base (I% annual chance) Flood Elevations (BFEs) on the Preliminary FIRMS and Flood Insurance Study (FIS) 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 that were in effect prior to that date. Based upon the `Best Available Information" criteria within the National Flood Insurance Program, those areas of special flood hazard on the preliminary FIRM panels for Collier County identified as "Approximate A Zones ", or Zone A, became effective immediately upon issuance of the LFD. The other flood zones will become effective on November 17, 2005 unless the County chooses to adopt and implement the preliminary FIRMS on an earlier date. As a participant in the Community Rating System of the National Flood Insurance Program, the County must adopt the new FIRMS by November 17, 2005. Staff recommends that the County adopt the new FIRMS for floodplain management purposes with an effective date of November Executive Summary Flood Damage Prevention Ordinance Page 3 Agenda Item No. 8B September 27, 2005 Page 3 of 73 1, 2005, so that the Building Review and Permitting Department Director can begin to enforce the new floodplain construction requirements. Early adoption of the new FIRMs for floodplain management purposes will have no effect on the November 17, 2005 FEMA effective date for mandatory purchase of flood insurance for those properties that will have a change in their flood zone designation or base flood elevation. Higher Re ug latory Standards — In accordance with some of the recommendations in Section 430 and Section 450 of the Community Rating System Coordinator's Manual, the new Flood Damage Prevention Ordinance includes several new concepts that not only provide for safer construction above the floodplain, but also provide for assurances that the constructed stormwater facilities are able to function as originally designed. Freeboard — Freeboard is the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Including a freeboard requirement in the Flood Damage Prevention Ordinance not only provides an additional factor of safety against greater than anticipated rainfall amount/intensity, original calculation errors, blocked drainage outfalls, and wave action of vehicles driving through flooded streets, but it also provides for reductions in flood insurance premiums and provides additional credit points to improve the community's scoring in the Community Rating System. The method of construction used to attain freeboard would have an impact on the cost of -- construction. Within the VE Zone the additional elevation would be obtained by extending the height of the posts, piers, columns, piles, shear walls, etc. Within the AE Zone the additional elevation could be obtained by utilizing a number of methods (e.g. increased fill, stemwall, elevated foundation, etc.). Staff's recommendation for AE Zone construction would be to utilize stemwall or other elevated foundation methods, and not to simply increase the amount of fill placed on the lot. Placement of the additional fill would promote increased encroachment into the floodplain storage. Cost estimates of staff, as well as contractors, varied widely based upon the type of construction and the size of the building. For a house of approximately three thousand (3000) square feet in area, the consensus of the estimates was in the $5,000 or less price range. Without including the potential for increases in premium rates, the home owner would see a flood insurance savings, by building at one foot of freeboard for this example, to recoup that cost in seventeen years while providing a greater level of protection against flooding. Staff originally developed the Flood Damage Prevention Ordinance with the requirement of one foot (1') of freeboard above the base flood elevation, or other determined method of identifying the anticipated elevation of the one percent chance storm. Both the Collier Building Industry Association and the Development Services Advisory Committee expressed strong opposition to the requirement of freeboard and the increased flooding safety it would provide to building owners. Additional building cost and potential impacts on building height were two major factors in their opposition, but much of the discussion opposed any additional requirements to achieve a higher CRS Credit Point score. At the direction of both the Collier Building Industry Association and the Development Services Executive Summary Flood Damage Prevention Ordinance Page 4 Agenda Item No. 8B September 27, 2005 Page 4 of 73 Advisory Committee, the requirement for freeboard was removed from the Flood Damage Prevention Ordinance. Development Services Advisory Committee (DSAC) recommendation: Unanimously disapproved, and as such, all references to freeboard, other than including the definition as in the Model Ordinance, have been removed from this Ordinance. Potential CRS Credit: The credit points for freeboard are calculated as one hundred (100) points multiplied by the freeboard (in feet) multiplied by the percentage of the community where the freeboard will be implemented. For Collier County one foot of freeboard could produce between forty -nine (49) to one hundred (100) credit points. Staff Recommendation: Include in the Ordinance. Foundation Protection — Foundation protection requirements have been added to document the required design and compaction of fill pads for buildings, ensure that if a fill pad is used for supporting the building foundation, it is constructed to a height at or above the base flood elevation to protect the building from flood damage. Development Services Advisory Committee (DSAC) recommendation: Unanimous disapproval. ,— Potential CRS Credit: The foundation protection requirements in the Ordinance provide up to twenty (20) additional credits to improve the community's scoring in the Community Rating System. Staff Recommendation: Include in the Ordinance. Cumulative Substantial Improvements — The inclusion of cumulative substantial improvements means that the Building Review and Permitting Department will officially be tasked with keeping a running total of the cost of improvements, modifications, additions, reconstruction and damage repairs to existing buildings within the areas of special flood hazard (flood zones beginning with "A" or "V ") over a rolling five (5) year period. If the sum total of these numbers equals or exceeds forty -nine percent (49 %) of the value of the building, the entire building would have to be brought into compliance with the floodplain management requirements. The use of cumulative substantial improvements is designed to prevent an owner from trying to avoid the substantial improvement threshold of a major work effort on the building by spreading the cost over a couple of years and continuing to increase the value of a non - compliant building Development Services Advisory Committee (DSAC) recommendation: Unanimous disapproval. Potential CRS Credit: The Cumulative Substantial Improvements requirements in the Ordinance provide up to seventy (70) additional credit points to improve the community's scoring in the Community Rating System. Executive Summary Flood Damage Prevention Ordinance Page 5 Staff Recommendation: Include in the Ordinance. Agenda Item No. 8B September 27, 2005 Page 5 of 73 Lower Substantial Improvements Threshold — Under the minimum requirements of National Flood Insurance Program, the threshold for substantial improvements or repair of substantial damage is 50% of the value of the building before the improvements or damage. Reducing the threshold below the 50% level gives the community additional CRS credit points, depending upon the amount of reduction. This Ordinance proposes to lower the threshold to forty -nine percent (49 %). Development Services Advisory Committee (DSAC) recommendation: Unanimous disapproval Potential CRS Credit: The Lower Substantial Improvements Threshold requirements in the Ordinance provide ten (10) additional credit points to improve the community's scoring in the Community Rating System. Staff Recommendation: Include in the Ordinance. Protection of Critical Facilities — The Flood Damage Prevention Ordinance identifies critical facilities as fire stations, Sheriff department stations /substations, Emergency Medical Services stations, the Collier County Emergency Operations Center, emergency evacuations centers, water treatment plants, pump stations, and wells, wastewater treatment plants and pump stations, electric power substations, telephone communication centers /switching stations, and hospitals. These facilities are all vital in their ability to function during times of flooding when considering the health, safety, and welfare of the citizens and residents of Collier County. The Ordinance provides that these critical facilities must be protected against flooding up to the 500 -year storm event, or one foot above the base flood elevation, whichever is higher. Development Services Advisory Committee (DSAC) recommendation: Unanimous disapproval. Potential CRS Credit: The Protection of Critical Facilities up to the 500 -year storm event requirements in the Ordinance provide up to fifty (50) additional credit points to improve the community's scoring in the Community Rating System. Staff Recommendation: Include in the Ordinance. Protection of Floodplain Storage Capacity — The extremely flat topography in Collier County creates a very wide area of floodplain that is negatively impacted every time a development activity fills in their property located in the floodplain. Current South Florida Water Management District (SFWMD) regulations require developments to address floodplain compensation during their permitting review and approval process. However, past experience has shown that this only addresses developments requiring a SFWMD permit and only when the SFWMD decides that the issue needs to be addressed. Including Executive Summary Flood Damage Prevention Ordinance Page 6 Agenda Item No. 8B September 27, 2005 Page 6 of 73 the protection of floodplain storage capacity in this Ordinance provides a means to require all development activity to address filling in the floodplain. Development Services Advisory Committee (DSAC) recommendation: Unanimous disapproval. Potential CRS Credit: The Protection of Floodplain Storage Capacity requirements in the Ordinance provide up to seventy (70) additional credit points to improve the community's scoring in the Community Rating System. Staff Recommendation: Include in the Ordinance. Manufactured Home Parks —The existing Flood Ordinance contained criteria for placement of manufactured homes in the floodplain. This Flood Damage Prevention Ordinance requires that all manufactured homes placed in the floodplain be required to meet the base flood elevations. Development Services Advisory Committee (DSAC) recommendation: Unanimous disapproval. Potential CRS Credit: The Manufactured Home Parks requirements in the Ordinance provide up to fifty (50) additional credit points to improve the community's scoring in the Community Rating System. However, since there is no provision for including freeboard requirements, the scoring can be anticipated to be substantially less. Staff Recommendation: Include in the Ordinance. Stormwater Management Facilities Inspection and Maintenance — A major factor to consider for a reliable flood protection system is the assurance that the system is able to function at design capacity. This Flood Damage Prevention Ordinance has added provisions to require periodic inspection, maintenance, and certification that the stormwater management facilities, both public and private, are able to function to design capacity for both water quantity and water quality treatment. Inclusion of this provision will necessitate the identification and/or establishment of a County department responsible to oversee this inspection and certification program, along with sufficient staffing and funding. The need for this type of program is emphasized by FEMA. Past experience in Collier County has demonstrated the impacts of not ensuring that both public and private stormwater management facilities are well maintained. Additionally, the benefits of implementing this type of program would be incorporated into compliance with the County's National Pollutant Discharge Elimination System (NPDES) permit requirements. Development Services Advisory Committee (DSAC) recommendation: Unanimous disapproval. Potential CRS Credit: The Stormwater Management Facilities Inspection and Maintenance requirements in the Ordinance provide up to one hundred ten (I10) Executive Summary Flood Damage Prevention Ordinance Page 7 additional credit points to improve the community's scoring in the Community Rating System. Agenda Item No. 8B September 27, 2005 Page 7 of 73 Staff Recommendation: Include in the Ordinance. Flood Hazard Disclosure — According to the CRS Coordinator's Manual, current federal law requires only that a lender advise a person of the flood hazard ten (10) days before closing on the loan. This could be well after the buyer has put down earnest money, has lost interest in other properties, and has become committed to purchasing a property without knowing all the facts. The objective of this activity is to prevent all the troubles that can arise from failing to advise potential purchasers or renters of a flood hazard. Such a program can protect the seller, the agent, the buyer, and the renter from potential lawsuits, and in many cases will prevent unwise development of vacant land. Development Services Advisory Committee (DSAC) recommendation: Unanimous disapproval. Potential CRS Credit: The Flood Hazard Disclosure requirements in the Ordinance provide up to sixty -one (61) additional credit points to improve the community's scoring in the Community Rating System. Staff Recommendation: Include in the Ordinance. A summary of the possible CRS credit points is as follows: Higher Standard Category Freeboard Foundation Protection Cumulative Substantial Improvements Lower Substantial Improvements Threshold Protection of Critical Facilities Protection of Floodplain Storage Capacity Manufactured Home Parks Potential CRS Points 49 to 100 Stormwater Mgmt. Facilities Inspection & Maintenance Flood Hazard Disclosure TOTAL POTENTIAL POINTS 20 70 10 50 70 50 110 61 490 As previously stated, Collier County's current CRS credit point score is 1692. To achieve a Class 6 rating, the County needs to have a score of at least 2000 points, which means we need to earn at least 308 additional points. The above point listings are the maximum points allowed, but it is common for only a portion of the points to be credited to a community based upon the various pro- ration factors used by the CRS program reviewers as they estimate the community's effectiveness in implementing the various activities. There are additional ways to earn CRS credit points (e.g. public information and outreach programs, floodplain mapping activities, stormwater management planning and construction implementation directed at the 100 -year Executive Summary Flood Damage Prevention Ordinance Page 8 storm level, acquisition and relocation of properties in the floodplain, etc.) The current County CRS credit point score includes ongoing efforts in many of these additional areas. Agenda Item No. 8B September 27, 2005 Page 8 of 73 Adoption of the above listed higher regulatory standards, taken from a list in the CRS Coordinator's Manual, could provide over four hundred (400) additional credit points for Collier County. This would enable the County's rating to increase to a Class 6 community. Coupled with other non - regulatory CRS activities that are being, or could be, implemented and documented by staff, Collier County has the potential to increase its rating to a Class 5 community within a couple of years. These potential credit points depend upon how pro - active the County desires to be in its floodplain management program and how high the submitted documentation is scored. FISCAL IMPACT: There will be no fiscal impact created by the adoption of this Flood Damage Prevention Ordinance except for the cost to staff a program to oversee the inspection and certification of the public and private stormwater management facilities. It is estimated that within two years of the startup of that program there would be a need for a program manager, a secretary, a GIS technician, and two engineering inspectors, along with the necessary facilities and equipment. A rough annual budget estimate would be in the order of $120,000 for the first year, and $330,000 for following years. The County Manager would determine funding for this program as the decision is made on where this program would be placed within the organizational structure of the County Manager's agency. .— GROWTH MANAGEMENT IMPACT: The adoption of this Ordinance has no Growth Management Impact, although accurate floodplain information is vital to insure an effective planning and implementation process in the National Flood Insurance Program. RECOMMENDATION: That the Board of County Commissioners, (1) direct the County Manager or his designee to adopt the new Flood Insurance Rate Maps for floodplain management purposes with an effective date of November 1, 2005, so that the Building Review and Permitting Department Director can begin to enforce the new floodplain construction requirements, and (2) consider staff's recommendation to include a minimum one foot freeboard requirement to the Ordinance, adopt the Flood Damage Protection Ordinance after including the one foot freeboard requirement, and authorize the Chairman to sign the adopted Ordinance. Prepared by: Robert C. Wiley, P.E., C.F.M., Principal Project Manager Engineering Services Department, CDES Division ,I Agenda Item No. 813 September 27, 2005 Page 9 of 73 PROPOSED FLOOD DAMAGE PREVENTION ORDINANCE WITHOUT 31 X r , . ' 11 For Discussion on the September 27, 2005 Board of County Commissioners Agenda Aaenda Item No. 86 September 27, 2005 Page 10 of 73 ORDINANCE 2005- AN ORDINANCE REPEALING, REPLACING AND ADDING CERTAIN PROVISIONS IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; PERTAINING TO DEFINITIONS, SEC. 62 -27; PERTAINING TO ENFORCEMENT PENALTIES, SEC. 62 -28; PERTAINING TO PURPOSE, SEC. 62 -29; PERTAINING TO FINDINGS OF FACT AND OBJECTIVES, SEC. 62 -31; PERTAINING TO APPLICABILITY, SEC. 62 -32; PERTAINING TO A BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SEC. 62 -34; PERTAINING TO A WARNING AND DISCLAIMER OF LIABILITY, SEC. 62 -36; DESIGNATION OF FLOODPLAIN ADMINISTRATOR, SEC. 62 -46; PERTAINING TO AN APPEALS PROCEDURE, SEC. 62 -47; PERTAINING TO A VARIANCE PROCEDURE, CRITERIA, AND NOTICE, SEC. 62 -48; PERTAINING TO APPLICATION PROCEDURE FOR PERMIT, SEC. 62 -50; PERTAINING TO GENERAL STANDARDS, SEC. 62 -61; PERTAINING TO SPECIFIC STANDARDS FOR A -ZONES WITH BASE FLOOD ELEVATIONS AND WITH OR WITHOUT REGULATORY FLOODWAYS, SEC. 62- 62; PERTAINING TO SPECIFIC STANDARDS FOR A -ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS, SEC. 62 -63; PERTAINING TO SPECIFIC STANDARDS FOR AO- ZONES, SEC. 62 -64; PERTAINING TO SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V- ZONES), SEC. 62 -65; ADDING SEC. 62 -66, PERTAINING TO SPECIFIC STANDARDS FOR CUMULATIVE SUBSTANTIAL IMPROVEMENT; ADDING SEC. 62 -67, PERTAINING TO SPECIFIC STANDARDS FOR SUBDIVISION PLATS; ADDING SEC. 62 -68, PERTAINING TO SPECIFIC STANDARDS FOR CRITICAL FACILITIES; ADDING SEC. 62 -69, PERTAINING TO SPECIFIC STANDARDS FOR STORMWATER MANAGEMENT FACILITIES INSPECTION AND MAINTENANCE; ADDING SEC. 62 -70, PROVIDING FOR SPECIFIC STANDARDS FOR FLOOD HAZARD DISCLOSURE; PROVIDING FOR CONFLICT AND SEVERABILITY, LIBERAL CONSTRUCTION, INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, Chapter 125, Florida Statutes, established the right and power of counties to provide for the health, welfare and safety of existing and future residents by enacting and enforcing regulations necessary for the protection of the public including flood damage prevention ordinances; and WHEREAS, Chapter 163, Part II, (Local Government Comprehensive Planning and Land Development Regulations Act), Florida Statutes, provides that counties shall have the power and responsibility to plan comprehensively for their future development and growth including the adoption and implementation of appropriate land development regulations which are necessary or desirable to implement a comprehensive plan, Words s 14-19h are deleted, words underlined are added. 1 Agenda Item No. 8B September 27, 2005 Page 11 of 73 including the regulations of areas subject to seasonal and periodic flooding as provided in Section 153.3202(2)(d), Florida Statutes; and WHEREAS, Collier County is a participant in the Community Rating System program of the National Flood Insurance Program (NFIP) which is administered by the Federal Emergency Management Agency (FEMA) of the U.S. Department of Homeland Security; and WHEREAS, Collier County, Florida had previously adopted a Flood Ordinance (Ordinance 86 -28, as subsequently amended by Ordinance 87 -80 and Ordinance 90 -31) that required extensive amending to comply with changes in the National Flood Insurance Program and meet certain criteria in the Community Rating System program; and WHEREAS, FEMA has issued a Letter of Final Determination dated May 17, 2005 wherein Collier County, Florida was notified of FEMA's intention to produce revised Flood Insurance Rate Map (FIRM) panels with an effective date of November 17, 2005; and WHEREAS, some of the revised Flood Insurance Rate Map (FIRM) panels to be issued by FEMA contain areas identified as Flood Zone A which became effective on May 17, 2005, the date of the issuance of the Letter of Final Determination; and WHEREAS, Collier County, Florida, as a participant in the National Flood Insurance Program, is required to adopt the latest FIRM revisions established by FEMA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article II, Section 62 -27, Definitions, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: See. 62-27. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Accessory structure (Appurtenant structure) means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds. This does not include a guest house which is defined in the Collier County Land Development Code as an accessory dwelling structure. Act means the National Flood Insurance Act of 1968 and any amendments to it. Anchored means adequately secured to prevent flotation, collapse, or lateral movement by floodwaters. Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. Area of shallow flooding means a designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Words swmk thmao are deleted, words underlined are added. Agenda item No. 8B September 27, 2005 Page 12 of 73 Area of special flood hazard is the land in the floodplain within a community subject to a one - percent or greater chance of flooding in any given year. This term is synonymous with the phrase "special flood hazard area." A Zones means any type of Special Flood Hazard Area flood zone designation that begins with the letter "A ". It is not intended to refer to only the specific designation of Zone A which does not have an established base flood elevation. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100 -year flood" and the "regulatory flood "). Base flood is the term used throughout this ordinance. Base Flood Depth means the depth shown on the Flood Insurance Rate Map (FIRM) for Zone AO that indicates the depth of water above highest adjacent grade resulting from a flood that has a 1 percent chance of equaling or exceeding that level in any given year. Base Flood Elevation (BFE) means the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, Al -A30, AR, AR/A, AR/AE, AR/A1 -A30, AR/AH, AR/AO, V 1 -V30, and VE that indicates the water surface elevation resulting from a flood that has a 1 percent chance of equaling or exceeding that elevation in any given year. Basement means any area of a building, including any sunken room or sunken portion of a room, having its floor below ground level (subgrade) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building — see Structure. Chief Administrative Official means the County Manager Coastal floodplain means the floodplain area identified by an analysis of the base flood from coastal surge. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone Vl — V30, VE, or V. Community means all area within the boundaries of Collier County, Florida, including the incorporated municipalities. Community Rating System (CRS) means a program developed by FEMA to provide incentives for those communities in the Regular Program of the National Flood Insurance Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding. County means unincorporated Collier County, Florida. Datum A reference surface used to ensure that all elevation records are properly related. Many communities have their own datum that was developed before there was a national standard. The current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum (NAVD) of 1988. The new FIRMs being prepared by FEMA with a FEMA effective date of November 17, 2005 are based upon the NAVD of 1988. Development means any man -made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of materials or equipment. Words 64"O 4hfoagh are deleted, words underlined are added. Agenda Item No. 8B September 27, 2005 Page 13 of 73 Development permit means any County permit that must be approved by the County prior to proceeding with any "Development". Elevated building means a structure that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, columns, or pilings. Elevation means the measured vertical distance of a location in relation to an official, established datum. Elevation datum may be the National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum of 1988 (NAVD), whichever is specified on the effective FIRM at the time of measurement. Enclosure means that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing Construction means, for the purposes of floodplain management, structures for which the "start of construction" commenced before September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86 -28). "Start of Construction" means the date of approval of the structure's building permit, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date as more fully defined below. This term may also be referred to as "existing structures ". Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before September 14, 1979 (the effective date of the first FIRM for Collier County and as previously stated in Ordinance 90 -31). Expansion to an existing manufactured home park or subdivision means the preparation of additional sites at an existing manufactured home park or subdivision by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means the federal agency under which the National Flood Insurance Program (NFIP) is administered. In March 2003, FEMA became part of the newly created U.S. Department of Homeland Security. Flood or flooding means: (1) A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the affected policy holder's property) from: (a) The overflow of inland or tidal waters. (b) The unusual and rapid accumulation or runoff of surface waters from any source. (c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. Words swmk thmogk are deleted, words underlined are added. Agenda Item No, 8B September 27, 2005 Page 14 of 73 (2) The collapse or subsidence of land along a shore of a lake or similar body of water as the result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1) (a) of this definition. Flood Insurance Rate Map (FIRM) means an official map, or map series, of the community, issued by FEMA, which delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood Insurance Study (FIS) is the official hydraulic & hydrologic report provided by FEMA. The study contains an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and other flood - related erosion hazards. The study may also contain flood profiles, as well as the FIRM, FHBM (where applicable), and other related data and information. Floodplain means any land area susceptible to being inundated by flood waters from any source (see definition of "flooding "). Collier County, Florida, being a coastal community, has areas of floodplain from coastal surge flooding and areas of floodplain from interior basin riverine rising water flooding. Floodplain Administrator means the person, including subordinate staffing, designated by the County Manager to be responsible for the administration, implementation and enforcement of the floodplain management regulations of the County. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power which control development in flood -prone areas. This term describes Federal, State of Florida, or local regulations in any combination thereof, which provide standards for preventing and/or reducing flood loss and damage. Floodproofing means any combination of structural and non - structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, or structures and their contents. Dry floodproofing utilizes construction materials and techniques able to withstand the hydrostatic and hydrodynamic loads and buoyancy forces and keep floodwaters from entering the building up to the required floodproofing elevation. Wet floodproofing utilizes construction materials and techniques able to withstand prolonged submergence without damage and readily allow floodwaters to enter the building up to the required floodproofing elevation. Floodway means the channel of a river, canal or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than twenty hundredths of a foot (0.20'). Floodway fringe means that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted without additional hydraulic and/or hydrologic analysis. Freeboard means the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors, such as wave action, bridge openings and Words stiusk thFeugh are deleted, words underlined are added. Agenda Item No. 813 September 27, 2005 Page 15 of 73 hydrological effect of urbanization of the watershed, that could contribute to flood heights greater than the height calculated for a selected frequency flood and floodway conditions. Functionally dependent use means a use that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long -term storage, manufacture, sales, or service facilities. Hardship as related to variances from this ordinance means the exceptional hardship associated with the land that would result from a failure to grant the requested variance. The community requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure. Historic Structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district: (3) Individually listed on the Florida inventory of historic places, which has been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) By the approved Florida program as determined by the Secretary of the Interior, or (b) Directly by the Secretary of the Interior. Letter of Map Amendment (LOMA) means an amendment to the currently effective FIRM that establishes that a property is not located in a Special Flood Hazard Area. A LOMA is issued only by FEMA. Letter of Map Revision (LOMR) means an official amendment to the currently effective FIRM. It is issued by FEMA and changes flood zones, delineations, and/or elevations. Lowest adjacent grade means the lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest Words std three are deleted, words underlined are added. 6 I Agenda Item No. 8B September 27, 2005 Page 16 of 73 floor, provided that such enclosure is built so as to not render the structure in violation of the non - elevation design standards of this ordinance. Mangrove Stand means an assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above ground and which contain one or more of the following species: Black mangrove (Avicennia Nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta). Manufactured home means a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Manufactured (mobile) home" does not include recreational vehicles. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. A manufactured home park or subdivision includes the construction of facilities for servicing the lots on which the manufactured (mobile) homes are to be affixed including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of the concrete pads. Map means the Flood Insurance Rate Map (FIRM) for Collier County, Florida issued by FEMA having an effective date of June 3, 1986, as may be amended, and includes the new FIRM to be issued by FEMA with an effective date of November 17, 2005. Market value means the building value, which is the real property value excluding the land value and that of the detached accessory structures and other improvements on site (as agreed to between a willing buyer and seller) as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), Actual Cash Value (replacement cost depreciated for age and quality of construction of building), or adjusted tax- assessed values. Mean Sea Level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with the North American Vertical Datum (NAVD) of 1988. The National Geodetic Vertical Datum (NGVD) of 1929 may also be used provided that a conversion to NAVD is included and clearly identified as to which elevation relates to which datum. National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a reference for establishing varying elevations within the floodplain in relation to mean sea level. Natural grade means the pre - construction ground elevation unaffected by previous construction techniques such as filling, landscaping, or berming. New Construction means, for floodplain management purposes, any structure for which the "start of construction" commenced on or after September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86 -28). The term also includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86 -28). Words sU%ek4hEeugq are deleted, words underlined are added. Agenda Item No. 8B September 27, 2005 Page 17 of 73 Non - Residential means small business concerns, churches, schools, farm buildings (including grain bins and silos), pool houses, clubhouses, recreational buildings, mercantile structures, agricultural and industrial structures, warehouses, hotels and motels with normal room rentals for less than six (6) months' duration. Non - Residential does not include nursing homes or any buildings used as emergency evacuation centers in accordance with the Collier County Hazard Mitigation Plan. North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference for establishing varying elevations within the floodplain in relation to mean sea level. Obstruction means any type of lower area enclosure or other construction element that will obstruct the flow of velocity water and wave action beneath the lowest horizontal structural member of the lowest floor of an elevated building during a base flood event. This requirement applies to the structures in velocity zones (Zone V1 — V30, VE, or V). Program deficiency means a defect in the community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards required by the National Flood Insurance Program. Public safety and nuisance means anything which is injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Recreational vehicle means a vehicle that is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self - propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than twenty hundredths of a foot (0.20'). Remedy a deficiency or violation means to bring the regulation, procedure, structure or other development into compliance with State of Florida, Federal or local floodplain management regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Riverine floodplain means the floodpWn area identified by an analysis of the base flood from rainfall. Sand dune means naturally occurring accumulations of sand in ridges or mounds landward of the beach. Shallow flooding means the same as area of shallow flooding. Special flood hazard area means the same as area of special flood hazard. Words stmek 04ough are deleted, words underlined are added. Agenda Item No. 8B September 27, 2005 Page 18 of 73 Start of construction For other than new construction or substantial improvements under the Coastal Barrier Resources Act P. L. 97 -348, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Storm cellar means a place below grade used to accommodate occupants of the structure and emergency supplies as a means of temporary shelter against severe tornadoes or similar windstorm activity. Structure means: (1) for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. (2) for insurance purposes, means: (a) A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site; (b) A manufactured home (also known as a mobile home), is a structure: built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation; or (c) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, which is regulated under the community's floodplain management and building ordinances or laws. For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (2)(c) of this definition, or a gas or liquid storage tank. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 49 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cumulative cost of which equals or exceeds 49 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 49 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a grant of relief from the requirements of this ordinance. Violation means the failure of a structure or other development to be fully compliant with the requirements of this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Words are deleted, words underlined are added. Agenda Item No, 813 September 27, 2005 Page 19 of 73 ordinance is presumed to be in violation until such time as that documentation is provided. V Zones means any type of Special Flood Hazard Area flood zone designation that begins with the letter "V ". V Zones are velocity zones where velocity flow and wave height of three feet (Y) or greater is anticipated to occur during a base flood event. It is not intended to refer to only the specific designation of Zone V that does not have an established base flood elevation. Watercourse means a lake, river, creek, stream, canal, wash, channel or other topographic feature within, on, or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. SECTION TWO: Article II, Section 62 -28, Enforcement; penalties, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -28. Enforcement; penalties. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this article, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in the County jail, or both, in the discretion of the Court. Each violation or non - compliance shall be considered a separate and distinct offense. Each day of continued violation or non - compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non - compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Nothing in this section shall be construed to prohibit the County from prosecuting any violation of this article by means of a Code Enforcement Board or Special Master established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Subsection shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION THREE: Article II, Section 62 -29, Statement of Purpose, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -29. Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights and velocities; (2) Require that uses vulnerable to floods including facilities which serve such uses be protected against flood damage throughout their intended life span; Words mFwk dweeglr are deleted, words underlined are added. 10 Agenda item No. 88 September 27. 2005 Page 20 of 73 (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. SECTION FOUR: Article II, Section 62 -31, Findings of fact, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -31. Findings of fact and objectives. (a) The findings of fact are: (1) The flood hazard areas of Collier County, Florida are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood - proofed, or otherwise unprotected from flood damages. (b) The objectives of this ordinance are to: (1) Protect human life, health and to eliminate or minimize property damage; (2) Minimize expenditure of public money for costly florid rontrol projects; (3) Minimize the heed for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, roadways, and bridges and culverts located in floodplains; (6) Maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (7) Ensure that potential homebuyers are notified that property is in a flood hazard area. SECTION FIVE: Article 11, Section 62 -32, Lands to which this chapter applies, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -32. Lands to which this chapter applies. This article shall apply to all areas of unincorporated Collier County, including areas of special flood hazard, within the jurisdiction of the Board of County Commissioners of Collier County, Florida. SECTION SIX: Article 11, Section 62 -34, Basis for establishing the areas of special flood hazard, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -34. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Study (FIS) for the unincorporated area of Collier County, Words suaek thfeugh are deleted, words underlined are added. 41 Agenda item No. 86 September 27, 2005 Page 21 of 73 Florida, dated June 3, 1986 and subsequent amendments and/or revisions and including the forthcoming revision to be effective November 17, 2005, with the accompanying maps and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this Ordinance. The Flood Insurance Study and Flood Insurance Rate Map are on file at the Collier County Community Development and Environmental Services Division, 2800 North Horseshoe Drive, Naples, FL 34104. SECTION SEVEN: Article II, Section 62 -36, Warning and disclaimer of liability, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -36. Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the Board of County Commissioners of Collier County, Florida or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. SECTION EIGHT: Article I1, Section 6246, Designation of chief administrative official, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-46. Designation of floodplain administrator. (a) The County Manager or his designee(s) is appointed to administer and implement the provisions of this article and this designated person is herein referred to as the Floodplain Administrator. (b) Duties of the Administrator shall include, but are not be limited to: • Review permits to assure sites are reasonably safe from flooding; • Review all development permits to assure that the permit requirements of this ordinance have been satisfied; • Advise permittee that additional Federal, State of Florida, or local permits may be required, and if such additional permits are necessary, especially as it relates to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065, and 553, Part IV, Florida Statutes, require that copies of such permits be provided and maintained on file with the development permit; • Require the permittee to notify adjacent communities, the Department of Community Affairs, Division of Emergency Management, the South Florida Water Management District, the Federal Emergency Management Agency and other Federal and/or State of Florida agencies with statutory or regulatory authority prior to any capacity alteration or relocation of a watercourse; • Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood - carrying capacity is maintained; • Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (Zones A, Al -A30, AE, AH, or AO) or bottom of the lowest horizontal structural member of the lowest floor (Zones V, V1 -V30, or VE) of all new or substantially improved buildings, in accordance with Section 62 -62 (1) and (2) and Subsection 62 -65 (2), respectively; • Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved non - residential buildings have been floodproofed, in accordance with Section 62 -62 (2); • Review certified plans and specifications for compliance; • Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict between a mapped boundary and actual field conditions, the FloodpWn Administrator shall make the necessary interpretation. Words swaak tkreug are deleted, words underlined are added. 12 Agenda Item No, 88 September 27, 2005 Page 22 of 73 The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article; When base flood elevation data or floodway data have not been provided in accordance with Section 62 -34, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State of Florida, or any other reliable and properly documented source, in order to administer the provisions of Section 62 -61 through 62 -70 (and including all other sections of this article); Coordinate all change requests to the FIS and FIRM with the requester, the State of Florida, and FEMA, and Where Base Flood Elevation is utilized, obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements in accordance with Section 62 -62 (1) and (2), respectively and make provisions for the records to be open for public inspection. SECTION NINE: Article 11, Section 62-47, Appeals procedure, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -47. Appeals procedure. (a) The Board of Zoning Appeals as established by the Board of County Commissioners of Collier County, Florida pursuant to LDC Section 8.04.00, shall hear and decide all appeals of determination made by the floodplain administrator when it is alleging an error by the floodplain administrator in the enforcement or administration of this article. (b) An appeal shall be filed by the Appellant with the County Manager within ten (10) business days of the alleged error by the floodplain administrator. (c) The filing fee for each appeal shall be that adopted in the Community Development and Environmental Services Fee Schedule, Section A -6 (approved 7- 26 -05, Resolution 05 -269) as may be amended, replaced or superseded. . (d) A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. The board of zoning appeals shall hold an advertised public hearing on the appeal and shall consider the appeal of the alleged error by the floodplain administrator decision in light of the criteria set forth in this article. The board of zoning appeals shall adopt the floodplain administrator's decision or determination, whichever is applicable, with or without modifications or conditions, or reject his decision or determination. The board of zoning appeals shall not be authorized to modify or reject the floodplain administrator's decision or determination unless such board finds that the decision or determination is not supported by substantial competent evidence or that the decision or determination is contrary to the specific provisions of this article. (e) Any appeal that has not been acted upon within six months of the applicant filing the appeal, due to the applicant's request to not schedule the required hearing, will be determined withdrawn and cancelled. (f) Any person aggrieved by the appellate decision of the Board of Zoning Appeals may appeal such decision to the Circuit Court, as provided by law. SECTION TEN: Article II, Section 62-48, Variance procedure, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-48. Variance procedure, criteria and notice. (a) The Board of Zoning Appeals as established by the Board of County Commissioners of Collier County, Florida pursuant to LDC Section 8.04.00 shall Words X13 are deleted, words underlined are added. 13 Agenda Item No. 813 September 27. 2005 Page 23 of 73 hear and decide requests for all variances from the substantive requirements of this article, except as specifically allowed below. (b) The Floodplain Administrator is authorized to make the final determination on a request for variance from the requirements of this article solely for repair or restoration of "historic" structures as defined in this article upon a finding that the proposed repair or rehabilitation will not preclude the structure's continued designation as a "historic" structure. All other variances will be heard by the Board of Zoning Appeals. (c) A request for a variance to any requirement of this article shall follow the procedure described in the Collier County Land Development Code Section 10.04.07, for Applications Subject to Type III Review. (d) The filing fee for each variance request shall be that adopted and in effect in Community Development and Environmental Services Fee Schedule, Section K- 19 at the time of filing the variance. (e) In acting upon such applications, the Board of Zoning Appeals shall consider the following criteria, including: (1) whether the failure to grant the variance would result in an exceptional hardship to the applicant; (2) whether granting the variance would result in increased flood heights, additional threats to public safety or expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; (3) whether the variance would be the minimum necessary deviation from the requirements of this article; and (4) shall also consider the following technical factors as they may be applicable: (i) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger of life and property due to flooding or erosion damage; (iii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) The importance of the services provided by the proposed facility to the community; (v) The necessity to the facility of a waterfront location, where applicable; (vi) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles; (x) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; Words wwk thfeegh are deleted, words underlined are added. 14 Aaenda Item No. 8B September 27, 2005 Page 24 of 73 roviding governmental services during and after flood �,,,,uding maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (f) Variances shall not be issued without any designated floodway if any impact in flood conditions, or increase in flood levels during the base flood discharge would result; (g) Variances may only be issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level and for other development necessary for the conduct of a functionally dependent use. (h) Upon consideration of the criteria and factors listed in subsection (e) above, the board of zoning appeals may deny or approve such variance and attach such conditions to the granting of variances, as it deems necessary to further the purposes of this article. (i) Any person aggrieved by the decision of the board of zoning appeals may appeal such decision to the Circuit Court, as provided by law. (j} Any applicant to whom a variance is granted shall be given written notice under the signature of the County Manager that: (i) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance commensurate with the increased risk resulting from the reduced lowest floor elevation, and (ii) Such construction below the base flood level increases risks to life and property. (iii) A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Clerk of Court and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (k) The Floodplain Administrator shall maintain the records of all variance actions, including justification for their issuance or denial, and report such variances in the community's NFIP Biennial Report or upon request to FEMA and the State of Florida, Department of Community Affairs, NFIP Coordinating Office. SECTION ELEVEN: Article II, Section 62 -50, Application procedure for permit, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -50. Application procedure for permit. Application for a Development Permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the construction plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Application Stage: (a) Elevation in relation to the North American Vertical Datum (NAVD) of the proposed lowest floor (including basement) of all buildings; (b) Elevation in relation to the North American Vertical Datum (NAVD) to which any non - residential building will be flood - proofed; Words st-ok thfou are deleted, words underlined are added. 15 Agenda Item No. 8B September 27, 2005 Page 25 of 73 (c) Certification from a licensed Florida professional engineer or registered Florida architect that the non - residential flood - proofed building will meet the flood - proofing criteria in Section 62 -61 through 62-64; (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (e) Elevation in relation to the North American Vertical Datum (NAVD) of the bottom of the lowest horizontal structural member of the lowest floor and provide a properly signed and sealed certification from a licensed Florida professional engineer or registered Florida architect indicating that they have developed and/or reviewed the structural designs, specifications and plans of the construction and all of these items are in accordance with accepted standards of practice in Coastal High Hazard Areas. (f) Location and NAVD elevation of a temporary bench mark on site, that has been established by a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrative Code, will remain until the final Certificate of Occupancy has been issued. (2) Construction Stage: Upon placement of the lowest floor, or flood - proofing by whatever construction means, or bottom of the lowest horizontal structural member it shall be the duty of the permit holder to submit, within ten (10) calendar days, to the Floodplain Administrator a certification of the NAVD elevation of the lowest floor or flood - proofed elevation, or bottom of the lowest horizontal structural member as built. professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrative Code. When flood proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrative Code. Any additional work undertaken within the ten (10) calendar day period and/or prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the lowest floor and flood - proofing elevation survey data submitted for conformance. The permit holder immediately, and prior to further progressive work being permitted to proceed, shall correct deficiencies and/or violations detected by such review. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop -work order for the project. Prior to the issuance of a Final Certificate of Occupancy, the applicant shall furnish the Floodplain Administrator with the following: (a) A signed and sealed certification by a licensed Florida professional engineer, professional land surveyor, or professional surveyor and mapper that the finished structure meets the minimum base flood elevation indicated on the effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study as issued by FEMA, including any effective Letter of Final Determination; and (b) A signed and sealed certification by a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrative Code that the construction of all foundation walls, shear walls, posts, piers, columns, pilings, breakaway walls, equalization vents, and required floodproofing are in compliance with this ordinance. SECTION TWELVE: Article II, Section 62 -61, General standards, of the Code of Laws .. and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-61. General standards. Words swmk dtfeugh are deleted, words underlined are added. 16 Agenda Item No. 8B September 27, 2005 Page 26 of 73 In all areas of unincorporated Collier County, including areas of special flood hazard, all development sites including new construction and substantial improvements shall be reasonably safe from flooding, and meet the following provisions: (1) New construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State of Florida requirements for resisting wind forces; (3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. See the applicable FEMA Technical Bulletin or Bulletins for guidance; (4) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. See the applicable FEMA Technical Bulletin or Bulletins for approved methods and practices. (5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components or causing damage to the components during conditions of flooding; (6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (8) On -site waste disposal systems (including septic tanks) shall be located and constructed to avoid impairment to them or contamination from them during flooding; (9) All meter enclosures for self - contained electric kilowatt hour meters serving buildings shall be located no lower than the base flood elevation, depth or flooding, or other identified flood level indicator. If complying with this regulation results in a vertical distance from finished grade to the center of the meter or meters of more than six (6) feet, the meter enclosure shall be located on the outside of an exterior wall with an unobstructed and ready access from an open exterior stairway. When it is necessary to use a stairway for access to a meter, the vertical distance from the tread of the stairway to the center of the meter shall be four (4) to six (6) feet. The meter shall be placed in a position that will not obstruct stairway traffic. On multi -unit buildings, meters and meter enclosures will be allowed within the building provided they are no lower than the base flood elevation, depth of flooding, or other identified flood level indicator, and located in meter rooms. (10) Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this article shall meet the requirements of "new construction" as contained in this article; (11) Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this ordinance, shall be undertaken only if said non - conformity is not furthered, extended, or replaced; Words swmsk"eugh are deleted, words underlined are added. 17 Agenda Item No. 813 September 27, 2005 Page 27 of 73 (12) All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted to the Floodplain Administrator. Copies of such permits shall be maintained on file with the development permit. State of Florida permits may include, but not be limited to the following: (a) South Florida Water Management District: in accordance with Chapter 373.036 Florida Statutes, Section (2)(a) — Flood Protection and Floodplain Management. (b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of Critical State Concern, and Chapter 553, Part N F.S., Florida Building Code. (c) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage Treatment and Disposal Systems. (d) Department of Environmental Protection, Coastal Construction Control Line: in accordance with Chapter 161.053 F.S. Coastal Construction and Excavation. (13) Standards for Subdivision Proposals and other Proposed Development (including manufactured homes): (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, (c) and water systems located and constructed to minimize or eliminate flood damage; (d) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (14) Elevation Standards (a) Elevation within A Zones may be achieved by the placement of the building on properly designed and compacted fill (ASTM D -698 or equivalent) that extends beyond the building walls before dropping below the base flood elevation and has appropriate protection from erosion and scour. The total volume of fill placement within the riverine floodplain must be compensated by the establishment of an equivalent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain Administrator. (b) Elevation within A Zones may be achieved by use of stemwall construction with the interior portion of the stemwall being bacltf°ulled with a properly designed and compacted fill (ASTM D -698 or equivalent). Additional fill for aesthetic or landscaping purposes may be placed outside of the stemwall with appropriate protection from erosion and scour. The total volume of stemwall and fill placement within the riverine floodplain must be compensated by the establishment of an equivalent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain w. Administrator. (c) Elevation within A Zones may be achieved by use of solid foundation perimeter walls, shear walls, posts, piers, columns, or pilings. Should Words swwle dweegh are deleted, words und tined are added. 18 Agenda Item No. 8B September 27, 2005 Page 28 of 73 solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62 -62 (3). Fill for aesthetic or landscaping purposes adjacent to the building may be placed on the property with appropriate protection from erosion and scour. The total volume of fill placement within the riverine floodplain must be compensated by the establishment of an equivalent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain Administrator. (d) Elevation within V Zones may be achieved by use of foundation walls, shear walls, posts, piers, columns, or pilings so that no obstruction to the passage of waves and high velocity water is created. Elevation within V Zones must be achieved in accordance with Section 62 -65 of this ordinance. (15) Development utilizing a designed stormwater management system to contain the runoff and discharge through a control structure shall be designed to meet or exceed the minimum water quantity and quality established by the South Florida Water Management District. SECTION THIRTEEN: Article H, Section 62 -62, Specific standards for construction within coastal high hazard areas, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -62. Specific standards for A -zones with base flood elevations and with or without regulatory floodways. In all A -Zones where base flood elevation data has been provided (Zones AE, Al -30, and AH), as set forth in Section 62 -34 the following provisions shall apply: (1) Residential Construction All new construction or substantial improvement of any residential building (including manufactured home) shall have the lowest floor, including basement, elevated to no lower than the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62- 62(3). Where stem wall construction is utilized and the interior area of the stem wall is filled with compacted fill able to resist flood hydrostatic forces on the exterior of the stem wall, openings to allow automatic equalization of flood hydrostatic forces are not required. (2) Non- Residential Construction All new construction or substantial improvement of any commercial, industrial, or non - residential building (including manufactured home) shall have the lowest floor, including basement, elevated to no lower than the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62 -62 (3). Where stem wall construction is utilized and the interior area of the stem wall is filled with compacted fill able to resist flood hydrostatic forces on the exterior of the stem wall, openings to allow automatic equalization of flood hydrostatic forces are not required. If sufficient information is provided to the Floodplain Administrator to clearly demonstrate the unique site limitations that pose a hardship in meeting the minimum elevation requirements, and the Floodplain Administrator agrees with this information, non - residential buildings located in A -Zones may be dry flood- Words stmak through are deleted, words underlined are added. 19 Agenda item No. 8B September 27, 2005 Page 29 of 73 proofed, in lieu of being elevated, provided that all areas of the building components below the base flood elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Additionally, for certain "open" non - residential buildings (e.g. car wash) where there is not a total enclosure of the building area, wet floodproofing is allowable provided that the wet floodproofing extends to no lower than the base flood elevation. A licensed Florida professional engineer or registered Florida architect shall certify that the standards of this subsection are satisfied using the FENIA Floodproofing Certificate. Such certification along with the corresponding engineering data, and the operational and maintenance plans shall be provided to the Floodplain Administrator. (3) Elevated Buildings New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for complying with this requirement must be certified by a licensed Florida professional engineer or registered Florida architect and meet the following minimum criteria: (i) Provide a minimum of two openings, both of which may not be on the same exterior wall, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above foundation adjacent interior grade (which must be equal to or higher in elevation than the adjacent exterior grade); and (iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they provide the required net area of the openings and permit the automatic flow of floodwaters in both directions. (b) Fully enclosed areas below the lowest floor shall solely be used for parking of vehicles, storage, and building access and constructed of materials able to withstand submergence, without damage, for prolonged periods of time. Access to the enclosed area shall be minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the living area (stairway or elevator); and (c) The interior portion of such enclosed area shall not be finished or partitioned into separate rooms. Any electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be located no lower than the base flood elevation unless designed to withstand fully submerged conditions for prolonged periods of time or enclosed in waterproof housings designed for fully submerged conditions at a depth equal or greater than the hydrostatic and hydrodynamic load created by flooding. (4) Manufactured Homes and Recreational Vehicles (a) All manufactured homes that are placed, or substantially improved, within Zones Al -30, AH, and AE, on sites: (i) outside of an existing manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, Words stfaak dweugh are deleted, words underlined are added. 20 Agenda item No. 8B September 27, 2005 Page 30 of 73 (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on and securely anchored to a permanent foundation system so that the lowest floor is no lower than the base flood elevation. The permanent foundation system must be able to withstand flotation, collapse, and lateral movement. (b) All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision within Zones Al -30, AH, and AE, that are not subject to the provisions of paragraph 4 (a) of this Section, must be elevated so that: (i) The lowest floor of the manufactured home is elevated to no lower than the base flood elevation, and (ii) The manufactured home chassis is supported by reinforced piers, or other foundation elements of at least an equivalent strength, that are no less than 36 inches in height above the grade and securely anchored to an adequate foundation system to withstand flotation, collapse, and lateral movement. (c) All recreational vehicles placed on sites within Zones Al -30. AH, and AE must either: (i) Be on the site for fewer than 180 consecutive days and, (ii) Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions), with a plan for removal in case of a flooding threat, or (iii) If not able to comply with items (i) and (ii), meet all the requirements for new construction, including anchoring and elevation requirements in accordance with provisions (4) (a) and (b) of this Article. (5) Site Drainage Adequate drainage facilities around structures shall be provided on slopes to guide water away from structures. No significant stormwater drainage is permitted to flow from the subject premises onto abutting properties or into adjoining waters that are not County - approved drainage systems. (6) Watercourses with Established Base Flood Elevations, but Without Identified Regulatory Floodways Located within the areas of special flood hazard established in Section 62 -34 where watercourses exist for which base flood elevation data has been provided by the Federal Emergency Management Agency without the delineation of the regulatory floodway (Zones AE and Al -30), the following additional provisions shall also apply. (a) Until a regulatory floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within one quarter mile (1320') of the nearest limit of the watercourse within the areas of special flood hazard, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water Words stmak tkreugk are deleted, words underlined are added. 21 Agenda Item No. 8B September 27, 2005 Page 31 of 73 surface elevation of the base flood more than twenty hundredths foot (0.201) at any point within the community. (b) Development activities which increase the water surface elevation of the base flood by more than twenty hundredths foot (0.20') may be allowed, provided that the developer or applicant first applies — with the community's endorsement — for a conditional FIRM revision, and receives the approval of the Federal Emergency Management Agency. (7) Floodways Located within areas of special flood hazard established in Section 62 -34 are areas designated as floodways. Since a floodway is vital for the passage of the major percentage of flood waters and is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and have significant erosion potential, the following additional provisions shall also apply for development within a floodway: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other developments, within the regulatory floodway unless certification (with supporting technical data) by a licensed Florida professional engineer is provided through hydraulic and hydrologic analyses performed in accordance with standard engineering practice demonstrating that the proposed encroachments would not result in any increase in flood levels during occurrence of the base flood discharge. (b) Prohibit the placement of manufactured homes (mobile homes), except in existing manufactured home (mobile home) parks or subdivisions. A manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Section 62- 61 (2); and the elevation standards of Subsection 62- 62(4); and the encroachment standards of Section 62- 62(7)(a), are met. (c) Development activities, including new construction and substantial improvements, that increase the water surface elevation of the base flood may be allowed, provided that the developer or applicant first applies — with the community's endorsement — for a conditional FIRM revision, and receives the approval of FEMA. (d) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, within the regulatory floodway, the development permit shall not be issued unless certification (with supporting technical data) by a licensed Florida professional engineer is provided through hydraulic and hydrologic analyses performed in accordance with standard engineering practice demonstrating that the proposed encroachments would not increase the water surface elevation of the base flood in accordance with Section 62- 62(7)(a) or Section 62- 62(7)(c). (8) Structures Located Seaward of the Coastal Construction Control Line For all structures located seaward of the Coastal Construction Control Line (CCCL), the lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or at least the base flood elevation established by FEMA in accordance with Section 62 -34, whichever is higher. All non - elevation design requirements of Section 62 -65 shall apply. .... SECTION FOURTEEN: Article II, Section 62 -63, Regulations within the floodways, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Words stack - through are deleted, words underlined are added. 22 Agenda Item Nc. 88 September 27, 2065 Page 32 of 73 Sec. 62 -63. Specific standards for A -zones without base flood elevations and regulatory floodways. Located within the areas of special flood hazard established in Section 62 -34, may be A Zones for which no base flood elevation data and regulatory floodways have been provided or designated by the Federal Emergency Management Agency, and the following provisions apply: (1) Require standards of Section 62 -61. (2) The Floodplain Administrator shall obtain, review, and reasonably utilize the base flood elevation and floodway data available from a Federal, State of Florida, or any other reliable and properly documented source, in order to administer the provisions of this ordinance. When such data is utilized, provisions of Section 62 -62 shall apply. The Floodplain Administrator shall: (a) Obtain the NAVD elevation (in relation to the mean sea level) of the lowest floor, including the basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of all new and substantially improved structures, (b) Obtain, if the structure has been floodproofed in accordance with the requirements of Section 62- 62(2), the NAVD elevation in relation to the mean sea level to which the structure has been floodproofed, and (c) Maintain a record of all such information. (3) Require the permittee to notify, in riverine situations, adjacent communities, the State of Florida, Department of Community Affairs, NFIP Coordinating Office, and the South Florida Water Management District prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. (4) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (5) Manufactured homes shall be installed using methods and practices that minimize flood damage and shall be elevated on and securely anchored to a permanent foundation system so that the lowest floor is no lower than the elevation established in Section 62- 63(2). The permanent foundation system must be able to withstand flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable State of Florida and local anchoring requirements for resisting wind forces. (6) When the data is not available from any source as in paragraph (2) of this Subsection, the lowest floor, including basement, of the structure shall be elevated to no lower than three feet above the highest adjacent grade. (7) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data. SECTION FIFTEEN: Article II, Section 62 -64, Regulations for manufactured homes and recreational vehicles, of the Code of Laws'and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-64. Specific standards for AO- zones. Located within the areas of special flood hazard established in Section 62 -34 may be areas designated as shallow flooding areas. These areas have flood hazards associated with base flood depths of one to three feet, where a clearly defined channel does not exist Words stdek EhFeag}3 are deleted, words underlined are added. 23 Agenda Item No. 8B September 27, 2005 Page 33 of 73 and the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures in all AO Zones shall have the lowest floor, including basement, no lower than the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than three feet above the highest adjacent grade, or equal to the flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source, whichever is higher. (2) All new construction and substantial improvements of non - residential structures in all AO Zones shall: (a) Have the lowest floor, including basement, no lower than the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than three feet above the highest adjacent grade, or equal to the flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source, whichever is higher, or (b) Together with attendant utility and sanitary facilities, be completely floodproofed to the elevation specified in paragraph (2)(a) of this subsection utilizing the floodproofing standards specified in Section 62- 62(2). (3) Adequate drainage facilities around structures shall be provided on slopes to guide water away from structures. No significant stormwater drainage is permitted to flow from the subject premises onto abutting properties or into adjoining waters that are not County - approved drainage systems. SECTION SIXTEEN: Article II, Section 62 -65, Standards for subdivision plats, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62.65. Specific standards for coastal high hazard areas (V- zones). Located within areas of special flood hazard established in Section 62 -34 are Coastal High Hazard Areas, designated as Zones VI-30, VE, or V (with BFE). The following provisions shall apply for all development activities: (1) Meet the Requirements of Section 62 -50 and Section 62 -61, Section 62 -62 (except 62- 62(7)), Section 62 -63 and Section 62 -64. (2) All new construction and substantial improvements in Zones VI—V30, VE, and V (with BFE) shall be elevated on shear walls, posts, piers, pilings or columns so that: (a) The bottom of the lowest horizontal structural member of the lowest floor (excluding the shear walls, posts, piers, pilings or columns is elevated to no lower than the base flood elevation whether or not the structure contains a basement; and (b) The shear wall, post, pier, pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading will be those values associated with the base flood. Wind loading values will be those required by applicable State of �.- Florida or local, if more stringent than those of the State of Florida, building standards. Utility service risers shall be located and designed for protection against wind, water, waves and debris impacts anticipated with the base flood. Words stFusk thmagh are deleted, words underlined are added. 24 Agenda Item No. 8B September 27, 2005 Page 34 of 73 (3) A licensed Florida professional engineer or registered Florida architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. (4) Obtain the NAVD elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding shear walls, posts, piers, pilings and columns) of all new and substantially improved structures. The Floodplain Administrator shall maintain a record of all such information. (5) All new construction and substantial improvements shall be located landward of the reach of mean high tide. (6) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non- supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than (ten)10 and no more than (twenty) 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local codes) may be permitted only if a licensed Florida professional engineer or registered Florida architect certifies that the designs proposed meet the following conditions: (a) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (b) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). The water loading shall be those values associated with the base flood. The wind loading values shall be those required by applicable Florida or local, if more stringent than those of the State of Florida, building standards. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage and shall not be finished, partitioned into multiple rooms, or temperature- controlled. (7) Prohibit the use of fill for structural support. No development permit shall be issued for development involving fill in coastal high hazard areas unless it has been demonstrated through appropriate engineering analyses that the subject fill does not cause any adverse impacts to the structure on site or adjacent structures. Placement of fill that would result in an increase in the base flood elevation or cause adverse impacts by wave ramping and deflection may be permitted, provided that the permit applicant first applies for and receives a conditional FIRM revision, fulfilling the requirements for such revisions as established by FEMA. (8) All swimming pools within the Coastal High Hazard Area, as defined by this Ordinance, shall be anchored to a shear wall, post, pier, pile or column foundation to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on the pool. An exception to this is for above ground pools for the private use of a one or two family dwelling that is constructed with a vinyl liner as the main component. Words §Wd8k k4FOUgh are deleted, words underlined are added. 25 Agenda Item No. 813 September 27. 2005 Page 35 of 73 (9) Prohibit man-made alteration of sand dunes and mangrove stands that would increase potential flood damage. (10) Standards for Manufactured Homes (a) No manufactured home shall be placed in the Coastal High Hazard Area except in an existing manufactured home park or existing manufactured home subdivision. (b) All manufactured homes to be placed or substantially improved on sites in the Coastal High Hazard Area: (i) In an expansion to an existing manufactured home park or subdivision, or, (ii) In an existing manufactured home park or subdivision in which a manufactured home has incurred "substantial damage" as the result of a flood, must meet the standards of Section 62 -65(2) though (8), (c) All manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision shall meet the requirements of Section 62 -62(4) (b). (11) Recreational vehicles placed on sites within Zones VE, V1 —V30, V (with base flood elevation) on the FIRM must be within an existing recreational vehicle park or recreational vehicle subdivision and either (a) Be on the site for fewer than 180 consecutive days, and (b) Be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions) with a plan for removal in case of a flooding threat; or (c) Meet the requirements of Section 62 -65(2) through (8). (12) For all structures located seaward of the Coastal Construction Control Line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or at least the base flood elevation, whichever is the higher. All non - elevation design requirements Section 62- 655(2) through (11) shall apply. (13) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in a coastal high hazard area, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not be subject to damage and erosion by the base flood, nor increase the water surface elevation of the base flood, nor cause any adverse impacts to adjacent properties by wave ramping and deflection. SECTION SEVENTEEN: Article II, Section 62 -66, Specific standards for cumulative substantial improvement, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62 -66. Specific standards for cumulative substantial improvement. (1) The total cost of the repair of damage of any origin sustained by a structure to restore it to its before damaged condition shall be kept on file by the Floodplain Administrator and shall be counted cumulatively for a rolling five (5) year period. This cumulative total is one factor to be used in determining whether or not a structure has reached the substantial damage threshold. (2) The total cost of the reconstruction, rehabilitation, addition, or other improvement of a structure, shall be kept on file by the Floodplain Administrator and shall be counted cumulatively for a rolling five (5) year period. This cumulative total is one factor to be used in determining whether or not a structure has reached the substantial improvement threshold. This cumulative total does not, however, Words swaak &Foagh are deleted, words underlined are added. 26 Agenda Item No. $B September 27. 2005 Page 36 of 73 include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. (3) The sum total of both the (five) 5 -year cumulative damage and (five) 5 -year cumulative improvement costs will be the cost used to determine whether or not a structure has reached the substantial damage or substantial improvement threshold for compliance with the National Flood Insurance Program (4) Any addition to a structure must be protected from damage from the base flood SECTION EIGHTEEN: Article U, Section 62 -67, Specific standards for subdivision plats, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62 -67. Specific standards for subdivision plats. (1) All subdivision plats shall be consistent with the need to minimize flood damage. (2) All subdivision plats shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (3) All subdivision plats shall have adequate drainage provided to reduce exposure to flood hazards. (4) Base flood elevation data and all areas of special flood hazard (flood zones beginning with "A" or "V ") shall be shown on the Master Subdivision Plan. (5) All final plats presented for approval shall clearly indicate areas of special flood hazard, the finished elevation above NAVD of the roads, the average finished elevation above NAVD of the lots or home site, and the minimum base flood elevation above NAVD as required in this Ordinance. SECTION NINETEEN: Article II, Section 62 -68, Specific standards for critical facilities, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62 -68. Specific standards for critical facilities. (1) Certain public and privately owned facilities are considered as critical facilities when considering the health, safety, and welfare of the citizens and residents of Collier County, Florida. Critical facilities require flood protection to a greater extent than most properties to reduce damage to these vital facilities, reduce pollution of flood waters by potentially hazardous materials, and ensure that the facilities will be operable during most flood emergencies. Critical facilities, for purposes of this article, are identified as • Fire stations • Sheriff department stations/substations • Emergency Medical Service stations • Collier County Emergency Operations Center • Emergency evacuation centers • Water treatment plants, pump stations, and wells • Wastewater treatment plants and pump stations • Electric power substations • Telephone communication centers /switching stations • Hospitals Words s"sk t#eugh are deleted, words underlined are added. 27 Agenda Item No, 813 September 27, 2005 Page 37 of 73 (2) New, substantially improved, reconstructed, and substantially damaged/repaired critical facilities are required to be protected from flooding up to the 0.02 percent chance (500 -year) flood event or at least one foot (1') above the base flood elevation, depth of flooding, or any other flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source. (3) New critical facilities must use elevation as the method of providing the required level of flood protection. Substantially improved, reconstructed, and substantially damaged/repaired critical facilities may use dry floodproofing as the method of providing the required level of flood protection when elevation is not a practical or fiscally sound option. SECTION TWENTY: Article II, Section 62 -69, Specific standards . for stormwater management facilities inspection and maintenance, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: See. 62-69. Specific standards for stormwater management facilities inspection and maintenance. (1) Periodic inspection and maintenance of stormwater facilities is essential to ensure their adequacy to function properly and provide the level of flood protection as originally designed and constructed. The training and experience of the individuals performing the inspection and maintenance is important to ensure proper recognition and understanding of problems that may be encountered. (2) The owners or responsible entities of all new stormwater management facilities (i.e. those developments with a start of construction date occurring after the effective date of this Ordinance) are responsible to perform at least an annual maintenance of the development's complete stormwater management system and have a licensed Florida professional engineer, knowledgeable with stormwater management design and regulations, perform an annual inspection and certify that the maintenance has been done. Maintenance activity will remove all large objects that could obstruct or hinder flow capacity, and remove all sediment accumulations when they have accumulated to reduce the water quality and/or quantity capacities by more than 20 %. (3) The owners or responsible entities of all existing stormwater management facilities (i.e. those developments with a start of construction date occurring before the effective date of this Ordinance) are responsible to perform at least a bi -annual (every other year) maintenance of the development's complete stormwater management system and have a licensed Florida professional engineer knowledgeable with stormwater management design and regulations perform an annual inspection and certify that the maintenance has been done. Maintenance activity will remove all large objects that could obstruct or hinder flow capacity, and remove all sediment accumulations when they have accumulated to reduce the water quality and/or quantity capacities by more than 20 %. • For all development south of the centerline of Golden Gate Parkway [including the extension of an imaginary alignment due east of the intersection of Golden Gate Parkway /Collier Blvd. (CR- 951)], the initial maintenance and inspection certification are due October 1, 2006. • For all development north of the centerline of Golden Gate Parkway [including the extension of an imaginary alignment due east of the intersection of Golden Gate Parkway /Collier Blvd. (CR- 951)], the initial maintenance and inspection certification are due October 1, 2007. (4) The certified stormwater management facility maintenance and inspection report will include, at a minimum, • a name, location and description of the development, • name of the owner or responsible entity, • any local, State of Florida, or Federal permit number (if applicable), • a drawing showing the location of the stormwater management facilities, Words swaak dwaugh are deleted, words underlined are added. 28 Aaenda Item No, 8B September 27. 2005 Page 38 of 73 • details as necessary to identify the existing facility components, cross sections, profiles, shapes, etc. of swales, ditches, pipes, lakes, control structures, or other components of the approved facilities, • an explanation of the condition of the facilities (e.g. observed sediment accumulations, rusting pipes, cracked concrete, etc.), • an explanation of the specific efforts undertaken to perform the inspection, and • the engineer's signed and sealed certification in accordance with Chapter 471, Flori da Statutes and Chapter 61G -15, Florida Administrative Code. • If no physical changes have been made to the development's stormwater management facilities since the last certified maintenance and inspection report, clearly understood references to the location and physical descriptions of the applicable facilities can be made by the engineer in subsequent certified reports up to a maximum of 10 years. (5) The certified stormwater management facility maintenance and inspection report will be submitted to the Floodplain Administrator in a format acceptable to him. SECTION TWENTY -ONE: Article II, Section 62 -70, Specific standards for flood hazard disclosure, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62 -70. Specific standards for flood hazard disclosure. Current federal law (The National Flood Insurance Act of 1968, as amended) requires that a federal lender advise a purchaser if a property is located in an area of special flood hazard and ensure that adequate flood insurance is available for the life of the loan before closing on the loan. This could be well after the buyer has put down earnest money, has lost interest in other properties, and/or has become committed to purchasing the property without knowing all the facts. To better inform and protect the seller, agent, and purchaser, the following flood hazard disclosure requirements have been developed for all real estate transactions. (1) All real estate agents must notify those interested in purchasing properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V ") about the flood hazard and the flood insurance purchase requirement. The notice must clearly state whether the property is in the Foodplain and, if so, that flood insurance purchase requirements are applicable. The flood hazard disclosure document must be provided to the potential purchaser with the initial face to face contact, showing, or mailing of information (including electronic mail and facsimile transmissions) but is not required when the only contact is a telephone call with no follow -up communication. (2) All individual sellers of real estate (when a real estate agent is not involved) must notify those interested in purchasing properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V ") about the flood hazard and the flood insurance purchase requirement. The notice must clearly state whether the property is in the Foodplain and, if so, that flood insurance requirements are applicable. The flood hazard disclosure document must be provided to the potential purchaser prior to the initiation of the preparation of a sales/purchase contract document. (3) All real estate agents and individual sellers of real estate (when a real estate agent is not involved) must advise potential purchasers in writing whether "to the best of their knowledge and belief' the property has ever been flooded. This written notification must occur at the same time as the notification of the flood hazard and flood insurance purchase requirement. (4) All landlords must notify those interested in renting properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V ") about the flood hazard, whether they have purchased flood insurance on the Words stFuek threugq are deleted, words underlined are added. 29 Agenda Item No. 86 September 27, 2005 Page 39 of 73 building and contents, and the ability of the renter to individually purchase flood ` insurance on building contents. The notice must clearly state whether the property is in the floodplain. The flood hazard disclosure document must be provided to the potential renter prior to the initiation of the preparation of a rental contract document. Additionally, the landlord is required to advise the potential renter in writing whether "to the best of their knowledge and belief' the property has ever been flooded. (5) All property boundary and individual lot surveys are required to show the flood hazard area if the property is located within an area of special flood hazard (flood zones beginning with the letter "A" or "V ") and include the base flood elevation, if applicable. SECTION TWENTY -TWO: 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 court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY - THREE: Liberal Construction. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION TWENTY -FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the words "code" or "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION TWENTY -FIVE: Effective Date This ordinance shall become effective upon filing with the Florida Secretary 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 COMNESSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: Approved as to form and legal sufficiency: JE R A. BELP O Assistant County AttorMy FRED W. COYLE, Chairman Words swark t4sagh are deleted, words underlined are added. 30 Agenda Item No. 8B September 27, 2005 Page 40 of 73 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8B Item Summary: Approval of an amendment to the existing Flood Ordinance of Collier County, Florida (Ordinance No, 86 -28 as amended by Ordinance 87 -80 and Ordinance 90 -31) to repeal and replace certain sections, add new sections, adopt the new Flood Insurance Rate Maps prior to the Federal Emergency Management Agencys effective date of November 17; 2005, and add provisions to improve the Countys scoring in the Community Rating System of the National Flood Insurance Program. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Robert C. Wiley, P.E. Prinicipal Project Manager Date Community Development & Environmental Services CDES Engineering Services 9/16/2005 10:32:28 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/16/2005 11:23 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/1612005 1:35 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/16/2005 3:24 PM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 9/19/2005 8:09 AM Approved By Jennifer A. Beipedio Assistant County Attorney Date County Attorney County Attorney Office 9/20/2005 2:37 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/20/2005 2:53 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/20/2005 3:56 PM Approved By Michael Smykowski Management & Budget Director Date Agenda Item No. 813 September 27, 2005 Page 41 of 73 County Manager's Office Office of Management & Budget Approved By James V. Mudd County Manager 9/2012005 4:47 PM Date Board of County County Manager's Office 912012005 9:42 PM Commissioners Agenda Item No. 8B September 27, 2005 Page 42 of 73 PROPOSED FLOOD DAMAGE PREVENTION ORDINANCE WITH FREEBOARD For Discussion on the September 27, 2005 Board of County Commissioners Agenda Agenda Item No. 813 September 27, 2005 Page 43 of 73 ORDINANCE 2005 -. AN ORDINANCE REPEALING, REPLACING AND ADDING CERTAIN PROVISIONS IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; PERTAINING TO DEFINITIONS, SEC. 62 -27; PERTAINING TO ENFORCEMENT PENALTIES, SEC. 62.28; PERTAINING TO PURPOSE, SEC. 62-29; PERTAINING TO FINDINGS OF FACT AND OBJECTIVES, SEC. 62 -31; PERTAINING TO APPLICABILITY, SEC. 62 -32; PERTAINING TO A BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SEC. 62 -34; PERTAINING TO A WARNING AND DISCLAIMER OF LIABILITY, SEC. 62 -36; DESIGNATION OF FLOODPLAIN ADMINISTRATOR, SEC. 62 -46; PERTAINING TO AN APPEALS PROCEDURE, SEC. 62 -47; PERTAINING TO A VARIANCE PROCEDURE, CRITERIA, AND NOTICE, SEC. 62 -48; PERTAINING TO APPLICATION PROCEDURE FOR PERMIT, SEC. 62 -50; PERTAINING TO GENERAL STANDARDS, SEC. 62-61; PERTAINING TO SPECIFIC STANDARDS FOR A -ZONES WITH BASE FLOOD ELEVATIONS AND WITH OR WITHOUT REGULATORY FLOODWAYS, SEC. 62- 62; PERTAINING TO SPECIFIC STANDARDS FOR A -ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS, SEC. 62 -63; PERTAINING TO SPECIFIC STANDARDS FOR AO- ZONES, SEC. 62 -64; PERTAINING TO SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V- ZONES), SEC. 62 -65; ADDING SEC. 62 -66, PERTAINING TO SPECIFIC STANDARDS FOR CUMULATIVE SUBSTANTIAL IMPROVEMENT; ADDING SEC. 62 -67, PERTAINING TO SPECIFIC STANDARDS FOR SUBDIVISION PLATS; ADDING SEC. 62 -68, PERTAINING TO SPECIFIC STANDARDS FOR CRITICAL FACILITIES; ADDING SEC. 62 -69, PERTAINING TO SPECIFIC STANDARDS FOR STORMWATER MANAGEMENT FACILITIES INSPECTION AND MAINTENANCE; ADDING SEC. 62 -70, PROVIDING FOR SPECIFIC STANDARDS FOR FLOOD HAZARD DISCLOSURE; PROVIDING FOR CONFLICT AND SEVERABILITY, LIBERAL CONSTRUCTION, INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, Chapter 125, Florida Statutes, established the right and power of counties to provide for the health, welfare and safety of existing and future residents by enacting and enforcing regulations necessary for the protection of the public including flood damage prevention ordinances; and WHEREAS, Chapter 163, Part II, (Local Government Comprehensive Planning and Land Development Regulations Act), Florida Statutes, provides that counties shall have the power and responsibility to plan comprehensively for their future development and growth including the adoption and implementation of appropriate land development regulations which are necessary or desirable to implement a comprehensive plan, Words mmek dwou are deleted, words underlined are added. Agenda Item No. 8B September 27, 2005 Page 44 of 73 including the regulations of areas subject to seasonal and periodic flooding as provided in Section 153.3202(2)(d), Florida Statutes; and WHEREAS, Collier County is a participant in the Community Rating System program of the National Flood Insurance Program (NFIP) which is administered by the Federal Emergency Management Agency (FEMA) of the U.S. Department of Homeland Security; and WHEREAS, Collier County, Florida had previously adopted a Flood Ordinance (Ordinance 86 -28, as subsequently amended by Ordinance 87 -80 and Ordinance 90 -31) that required extensive amending to comply with changes in the National Flood Insurance Program and meet certain criteria in the Community Rating System program; and WHEREAS, FEMA has issued a Letter of Final Determination dated May 17, 2005 wherein Collier County, Florida was notified of FEMA's intention to produce revised Flood Insurance Rate Map (FIRM) panels with an effective date of November 17, 2005-,and WHEREAS, some of the revised Flood Insurance Rate Map (FIRM) panels to be issued by FEMA contain areas identified as Flood Zone A which became effective on May 17, 2005, the date of the issuance of the Letter of Final Determination; and WHEREAS, Collier County, Florida, as a participant in the National Flood Insurance Program, is required to adopt the latest FIRM revisions established by FEMA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article II, Section 62 -27, Definitions, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-27. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Accessory structure (Appurtenant structure) means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds. This does not include a guest house which is defined in the Collier County Land Development Code as an accessory dwelling structure. Act means the National Flood Insurance Act of 1968 and any amendments to it. Anchored means adequately secured to prevent flotation, collapse, or lateral movement by floodwaters. Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. Area of shallow flooding means a designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Words sWuek dhreugh are deleted, words underlined are added. Agenda item No. 813 September 27, 2005 Page 45 of 73 Area of special flood hazard is the land in the floodplain within a community subject to a one - percent or greater chance of flooding in any given year. This term is synonymous with the phrase "special flood hazard area." A Zones means any type of Special Flood Hazard Area flood zone designation that begins with the letter "A ". It is not intended to refer to only the specific designation of Zone A which does not have an established base flood elevation. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100 -year flood" and the "regulatory flood "). Base flood is the term used throughout this ordinance. Base Flood Depth means the depth shown on the Flood Insurance Rate Map (FIRM) for Zone AO that indicates the depth of water above highest adjacent grade resulting from a flood that has a 1 percent chance of equaling or exceeding that level in any given year. Base Flood Elevation (BFE) means the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, Al -A30, AR, AR/A, AR/AE, AR/Al -A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a 1 percent chance of equaling or exceeding that elevation in any given year. Basement means any area of a building, including any sunken room or sunken portion of a room, having its floor below ground level (subgrade) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. r Building — see Structure. Chief Administrative Official means the County Manager. Coastal floodplain means the floodplain area identified by an analysis of the base flood from coastal surge. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1 — V30, VE, or V. Community means all area within the boundaries of Collier County, Florida, including the incorporated municipalities. Community Rating System (CRS) means a program developed by FEMA to provide incentives for those communities in the Regular Program of the National Flood Insurance Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding. County means unincorporated Collier County, Florida. Datum A reference surface used to ensure that all elevation records are properly related. Many communities have their own datum that was developed before there was a national standard. The current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum (NAVD) of 1988. The new FIRMs being prepared by FEMA with a FEMA effective date of November 17, 2005 are based upon the NAVD of 1988. Development means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of materials or equipment. Words swmk *mugh are deleted, words underli are added. Agenda Item No. 8B September 27. 2005 Page 46 of 73 Development permit means any County permit that must be approved by the County prior to proceeding with any "Development". Elevated building means a structure that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, columns, or pilings. Elevation means the measured vertical distance of a location in relation to an official, established datum. Elevation datum may be the National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum of 1988 (NAVD), whichever is specified on the effective FIRM at the time of measurement. Enclosure means that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing Construction means, for the purposes of floodplain management, structures for which the "start of construction" commenced before September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86 -28). "Start of Construction" means the date of approval of the structure's building permit, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date as more fully defined below. This term may also be referred to as "existing structures ". Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before September 14, 1979 (the effective date of the first FIRM for Collier County and as previously stated in Ordinance 90 -31). Expansion to an existing manufactured home park or subdivision means the preparation of additional sites at an existing manufactured home park or subdivision by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means the federal agency under which the National Flood Insurance Program (NFIP) is administered. In March 2003, FEMA became part of the newly created U.S. Department of Homeland Security. Flood or flooding means: (1) A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the affected policy holder's property) from: (a) The overflow of inland or tidal waters. (b) The unusual and rapid accumulation or runoff of surface waters from any source. (c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. Words s dreugh are deleted, words underlined are added. Agenda Item No. 8B September 27, 2005 Page 47 of 73 (2) The collapse or subsidence of land along a shore of a lake or similar body of water as the result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1) (a) of this definition. Flood Insurance Rate Map (FIRM) means an official map, or map series, of the community, issued by FEMA, which delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood Insurance Study (FIS) is the official hydraulic & hydrologic report provided by FEMA. The study contains an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and other flood - related erosion hazards. The study may also contain flood profiles, as well as the FIRM, FHBM (where applicable), and other related data and information. Floodplain means any land area susceptible to being inundated by flood waters from any source (see definition of "flooding "). Collier County, Florida, being a coastal community, has areas of floodplain from coastal surge flooding and areas of floodplain from interior basin riverine rising water flooding. Floodplain Administrator means the person, including subordinate staffing, designated by the County Manager to be responsible for the administration, implementation and enforcement of the floodplain management regulations of the County. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power which control development in flood -prone areas. This term describes Federal, State of Florida, or local regulations in any combination thereof, which provide standards for preventing and/or reducing flood loss and damage. F000dproofing means any combination of structural and non - structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, or structures and their contents. Dry floodproofing utilizes construction materials and techniques able to withstand the hydrostatic and hydrodynamic loads and buoyancy forces and keep floodwaters from entering the building up to the required floodproofing elevation. Wet floodproofing utilizes construction materials and techniques able to withstand prolonged submergence without damage and readily allow floodwaters to enter the building up to the required floodproofing elevation. F000dway means the channel of a river, canal or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than twenty hundredths of a foot (0.20'). F000dway fringe means that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted without additional hydraulic and/or hydrologic analysis. Freeboard means the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors, such as wave action, bridge openings and Words swask through are deleted, words underlined are added. Agenda Item No. 8B September 27. 2005 Page 48 o` 73 hydrological effect of urbanization of the watershed, that could contribute to flood heights greater than the height calculated for a selected frequency flood and floodway conditions. Functionally dependent use means a use that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long -term storage, manufacture, sales, or service facilities. Hardship as related to variances from this ordinance means the exceptional hardship associated with the land that would result from a failure to grant the requested variance. The community requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure. Historic Structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district: (3) Individually listed on the Florida inventory of historic places, which has been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) By the approved Florida program as determined by the Secretary of the Interior, or (b) Directly by the Secretary of the Interior. Letter of Map Amendment (LOMA) means an amendment to the currently effective FIRM that establishes that a property is not located in a Special Flood Hazard Area. A LOMA is issued only by FEMA. Letter of Map Revision (LOMR) means an official amendment to the currently effective FIRM. It is issued by FEMA and changes flood zones, delineations, and/or elevations. Lowest adjacent grade means the lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest Words Mwk are deleted, words underlined are added. Agenda Item No, 88 September 27, 2005 Page 49 of 73 floor, provided that such enclosure is built so as to not render the structure in violation of the non - elevation design standards of this ordinance. Mangrove Stand means an assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above ground and which contain one or more of the following species: Black mangrove (Avicenna Nitida); red mangrove (Rhizophora mangle); white mangrove (L.anguncularia Racemosa); and buttonwood (Conocarpus Erecta). Manufactured home means a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Manufactured (mobile) home" does not include recreational vehicles. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. A manufactured home park or subdivision includes the construction of facilities for servicing the lots on which the manufactured (mobile) homes are to be affixed including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of the concrete pads. Map means the Flood Insurance Rate Map (FIRM) for Collier County, Florida issued by FEMA having an effective date of June 3, 1986, as may be amended, and includes the new FIRM to be issued by FEMA with an effective date of November 17, 2005. Market value means the building value, which is the real property value excluding the land value and that of the detached accessory structures and other improvements on site (as agreed to between a willing buyer and seller) as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), Actual Cash Value (replacement cost depreciated for age and quality of construction of building), or adjusted tax - assessed values. Mean Sea Level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with the North American Vertical Datum (NAVD) of 1988. The National Geodetic Vertical Datum (NGVD) of 1929 may also be used provided that a conversion to NAVD is included and clearly identified as to which elevation relates to which datum. National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a reference for establishing varying elevations within the floodplain in relation to mean sea level. Natural grade means the pre - construction ground elevation unaffected by previous construction techniques such as filling, landscaping, or berming. New Construction means, for floodplain management purposes, any structure for which the "start of construction" commenced on or after September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86 -28). The term also includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86 -28). Words stFueldseegh are deleted, words underlined are added. 7 Agenda Item No, 8B September 27, 2005 Page 50 of 73 Non - Residential means small business concerns, churches, schools, farm buildings (including grain bins and silos), pool houses, clubhouses, recreational buildings, mercantile structures, agricultural and industrial structures, warehouses, hotels and motels with normal room rentals for less than six (6) months' duration. Non - Residential does not include nursing homes or any buildings used as emergency evacuation centers in accordance with the Collier County Hazard Mitigation Plan. North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference for establishing varying elevations within the floodpWn in relation to mean sea level. Obstruction means any type of lower area enclosure or other construction element that will obstruct the flow of velocity water and wave action beneath the lowest horizontal structural member of the lowest floor of an elevated building during a base flood event. This requirement applies to the structures in velocity zones (Zone V1— V30, VE, or V). Program deficiency means a defect in the community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards required by the National Flood Insurance Program. Public safety and nuisance means anything which is injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Recreational vehicle means a vehicle that is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self- propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than twenty hundredths of a foot (0.20'). Remedy a deficiency or violation means to bring the regulation, procedure, structure or other development into compliance with State of Florida, Federal or local floodplain management regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Riverine floodplain means the floodplain area identified by an analysis of the base flood from rainfall. Sand dune means naturally occurring accumulations of sand in ridges or mounds landward of the beach. Shallow flooding means the same as area of shallow flooding. Special flood hazard area means the same as area of special flood hazard. Words swaek dwegk are deleted, words underlined are added. Agenda Item No. 813 September 27, 2005 Page 51 of 73 Start of construction For other than new construction or substantial improvements under the Coastal Barrier Resources Act P. L. 97 -348, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Storm cellar means a place below grade used to accommodate occupants of the structure and emergency supplies as a means of temporary shelter against severe tornadoes or similar windstorm activity. Structure means: (1) for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. (2) for insurance purposes, means: (a) A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site; (b) A manufactured home (also known as a mobile home), is a structure: built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation; or (c) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, which is regulated under the community's floodplain management and building ordinances or laws. For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (2)(c) of this definition, or a gas or liquid storage tank. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 49 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cumulative cost of which equals or exceeds 49 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 49 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a grant of relief from the requirements of this ordinance. �. Violation means the failure of a structure or other development to be fully compliant with the requirements of this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Words 6WHOk EhFBagh are deleted, words underlined are added. Agenda Item No, 86 September 27. 2005 Page 52 of 73 ordinance is presumed to be in violation until such time as that documentation is provided. V Zones means any type of Special Flood Hazard Area flood zone designation that begins with the letter "V ". V Zones are velocity zones where velocity flow and wave height of three feet (3') or greater is anticipated to occur during a base flood event. It is not intended to refer to only the specific designation of Zone V that does not have an established base flood elevation. Watercourse means a lake, river, creek, stream, canal, wash, channel or other topographic feature within, on, or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. SECTION TWO: Article II, Section 62 -28, Enforcement; penalties, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -28. Enforcement; penalties. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this article, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in the County jail, or both, in the discretion of the Court. Each violation or non - compliance shall be considered a separate and distinct offense. Each day of continued violation or non - compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non - compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Nothing in this section shall be construed to prohibit the County from prosecuting any violation of this article by means of a Code Enforcement Board or Special Master established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Subsection shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION THREE: Article II, Section 62 -29, Statement of Purpose, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -29. Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights and velocities; (2) Require that uses vulnerable to floods including facilities which serve such uses be protected against flood damage throughout their intended life span; Words sk%ek thfeugh are deleted, words underlined are added. 10 Agenda Item No. 8B September 27, 2005 Page 53 of 73 (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. SECTION FOUR: Article II, Section 62 -31, Findings of fact, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -31. Findings of fact and objectives. (a) The findings of fact are: (1) The flood hazard areas of Collier County, Florida are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood- proofed, or otherwise unprotected from flood damages. (b) The objectives of this ordinance are to: (1) Protect human life, health and to eliminate or minimize property damage; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, roadways, and bridges and culverts located in floodplains; (6) Maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (7) Ensure that potential homebuyers are notified that property is in a flood hazard area. SECTION FIVE: Article 11, Section 62 -32, Lands to which this chapter applies, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -32. Lands to which this chapter applies. This article shall apply to all areas of unincorporated Collier County, including areas of special flood hazard, within the jurisdiction of the Board of County Commissioners of Collier County, Florida. SECTION SIX: Article H, Section 62 -34, Basis for establishing the areas of special flood hazard, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: �— Sec. 62 -34. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Study (FIS) for the unincorporated area of Collier County, Words are deleted, words underlined are added. 11 Agenda Item No, 88 September 27, 2005 Page 54 of 73 Florida, dated June 3, 1986 and subsequent amendments and/or revisions and including the forthcoming revision to be effective November 17, 2005, with the accompanying maps and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this Ordinance. The Flood Insurance Study and Flood Insurance Rate Map are on file at the Collier County Community Development and Environmental Services Division, 2800 North Horseshoe Drive, Naples, FL 34104. SECTION SEVEN: Article II, Section 62 -36, Warning and disclaimer of liability, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -36. Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the Board of County Commissioners of Collier County, Florida or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. SECTION EIGHT: Article II, Section 62-46, Designation of chief administrative official, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -46. Designation of floodplain administrator. (a) The County Manager or his designee(s) is appointed to administer and implement the provisions of this article and this designated person is herein referred to as the Floodplain Administrator. (b) Duties of the Administrator shall include, but are not be limited to: • Review permits to assure sites are reasonably safe from flooding; • Review all development permits to assure that the permit requirements of this ordinance have been satisfied; • Advise permittee that additional Federal, State of Florida, or local permits may be required, and if such additional permits are necessary, especially as it relates to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065, and 553, Part IV, Florida Statutes, require that copies of such permits be provided and maintained on file with the development permit; • Require the permittee to notify adjacent communities, the Department of Community Affairs, Division of Emergency Management, the South Florida Water Management District, the Federal Emergency Management Agency and other Federal and/or State of Florida agencies with statutory or regulatory authority prior to any capacity alteration or relocation of a watercourse; • Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood - carrying capacity is maintained; • Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (Zones A, Al -A30, AE, AH, or AO) or bottom of the lowest horizontal structural member of the lowest floor (Zones V, V1 -V30, or VE) of all new or substantially improved buildings, in accordance with Section 62 -62 (1) and (2) and Subsection 62 -65 (2), respectively; • Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved non - residential buildings have been floodproofed, in accordance with Section 62 -62 (2); • Review certified plans and specifications for compliance; • Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict between a mapped boundary and actual field conditions, the Floodplain Administrator shall make the necessary interpretation. Words swask *kreugh are deleted, words underlined are added. 12 Agenda Item No, SB September 27, 2005 Page 55 of 73 The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article; When base flood elevation data or floodway data have not been provided in accordance with Section 62 -34, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State of Florida, or any other reliable and properly documented source, in order to administer the provisions of Section 62 -61 through 62 -70 (and including all other sections of this article); • Coordinate all change requests to the FIS and FIRM with the requester, the State of Florida, and FEMA, and • Where Base Flood Elevation is utilized, obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements in accordance with Section 62 -62 (1) and (2), respectively and make provisions for the records to be open for public inspection. SECTION NINE: Article II, Section 62-47, Appeals procedure, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-47. Appeals procedure. (a) The Board of Zoning Appeals as established by the Board of County Commissioners of Collier County, Florida pursuant to LDC Section 8.04.00, shall hear and decide all appeals of determination made by the floodplain administrator when it is alleging an error by the floodplain administrator in the enforcement or administration of this article. (b) An appeal shall be filed by the Appellant with the County Manager within ten (10) business days of the alleged error by the floodplain administrator. _. (c) The filing fee for each appeal shall be that adopted in the Community Development and Environmental Services Fee Schedule, Section A -6 (approved 7- 26 -05, Resolution 05 -269) as may be amended, replaced or superseded. . (d) A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. The board of zoning appeals shall hold an advertised public hearing on the appeal and shall consider the appeal of the alleged error by the floodplain administrator decision in light of the criteria set forth in this article. The board of zoning appeals shall adopt the floodplain administrator's decision or determination, whichever is applicable, with or without modifications or conditions, or reject his decision or determination. The board of zoning appeals shall not be authorized to modify or reject the floodplain administrator's decision or determination unless such board finds that the decision or determination is not supported by substantial competent evidence or that the decision or determination is contrary to the specific provisions of this article. (e) Any appeal that has not been acted upon within six months of the applicant filing the appeal, due to the applicant's request to not schedule the required hearing, will be determined withdrawn and cancelled. i (f) Any person aggrieved by the appellate decision of the Board of Zoning Appeals may appeal such decision to the Circuit Court, as provided by law. SECTION TEN: Article II, Section 62 -48, Variance procedure, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -48. Variance procedure, criteria and notice. (a) The Board of Zoning Appeals as established by the Board of County Commissioners of Collier County, Florida pursuant to LDC Section 8.04.00 shall Words swmk tieagh are deleted, words underlined are added. 13 Agenda Item No. 813 September 27, 2005 Page 56 of 73 hear and decide requests for all variances from the substantive requirements of this article, except as specifically allowed below. (b) The Floodplain Administrator is authorized to make the final determination on a request for variance from the requirements of this article solely for repair or restoration of "historic" structures as defined in this article upon a finding that the proposed repair or rehabilitation will not preclude the structure's continued designation as a "historic" structure. All other variances will be heard by the Board of Zoning Appeals. (c) A request for a variance to any requirement of this article shall follow the procedure described in the Collier County Land Development Code Section 10.04.07, for Applications Subject to Type III Review. (d) The filing fee for each variance request shall be that adopted and in effect in Community Development and Environmental Services Fee Schedule, Section K- 19 at the time of filing the variance. (e) In acting upon such applications, the Board of Zoning Appeals shall consider the following criteria, including: (1) whether the failure to grant the variance would result in an exceptional hardship to the applicant; (2) whether granting the variance would result in increased flood heights, additional threats to public safety or expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; (3) whether the variance would be the minimum necessary deviation from the requirements of this article; and (4) shall also consider the following technical factors as they may be applicable: (i) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger of life and property due to flooding or erosion damage; (iii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, (iv) The importance of the services provided by the proposed facility to the community; (v) The necessity to the facility of a waterfront location, where applicable; (vi) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles; (x) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; Words sauek through are deleted, words underlined are added. 14 Agenda item No. 813 September 27, 2005 Page 57 of 73 (xi) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (f) Variances shall not be issued without any designated floodway if any impact in flood conditions, or increase in flood levels during the base flood discharge would result; (g) Variances may only be issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level and for other development necessary for the conduct of a functionally dependent use. (h) Upon consideration of the criteria and factors listed in subsection (e) above, the board of zoning appeals may deny or approve such variance and attach such conditions to the granting of variances, as it deems necessary to further the purposes of this article. (i) Any person aggrieved by the decision of the board of zoning appeals may appeal such decision to the Circuit Court, as provided by law. (j) Any applicant to whom a variance is granted shall be given written notice under the signature of the County Manager that: (i) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance commensurate with the increased risk resulting from the reduced lowest floor elevation, and (ii) Such construction below the base flood level increases risks to life and property. (iii) A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Clerk of Court and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (k) The Floodplain Administrator shall maintain the records of all variance actions, including justification for their issuance or denial, and report such variances in the community's NFIP Biennial Report or upon request to FEMA and the State of Florida, Department of Community Affairs, NFIP Coordinating Office. SECTION ELEVEN: Article H, Section 62 -50, Application procedure for permit, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-50. Application procedure for permit. Application for a Development Permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the construction plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Application Stage: (a) Elevation in relation to the North American Vertical Datum (NAVD) of the proposed lowest floor (including basement) of all buildings; (b) Elevation in relation to the North American Vertical Datum (NAVD) to which any non - residential building will be flood - proofed; Words s"sk tkeug#c are deleted, words underlined are added. 15 Agenda Item No. 8B September 27, 2005 Page 58 of 73 (c) Certification from a licensed Florida professional engineer or registered Florida architect that the non - residential flood - proofed building will meet the flood - proofing criteria in Section 62 -61 through 62 -64; (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (e) Elevation in relation to the North American Vertical Datum (NAVD) of the bottom of the lowest horizontal structural member of the lowest floor and provide a properly signed and sealed certification from a licensed Florida professional engineer or registered Florida architect indicating that they have developed and/or reviewed the structural designs, specifications and plans of the construction and all of these items are in accordance with accepted standards of practice in Coastal High Hazard Areas. (f) Location and NAVD elevation of a temporary bench mark on site, that has been established by a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrative Code, will remain until the final Certificate of Occupancy has been issued. (2) Construction Stage: Upon placement of the lowest floor, or flood - proofing by whatever construction means, or bottom of the lowest horizontal structural member it shall be the duty of the permit holder to submit, within ten (10) calendar days, to the Floodplain Administrator a certification of the NAVD elevation of the lowest floor or flood - proofed elevation, or bottom of the lowest horizontal structural member as built. professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrative Code. When flood proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrative Code. Any additional work undertaken within the ten (10) calendar day period and/or prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the lowest floor and flood - proofing elevation survey data submitted for conformance. The permit holder immediately, and prior to further progressive work being permitted to proceed, shall correct deficiencies and/or violations detected by such review. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop -work order for the project. Prior to the issuance of a Final Certificate of Occupancy, the applicant shall furnish the Floodplain Administrator with the following: (a) A signed and sealed certification by a licensed Florida professional engineer, professional land surveyor, or professional surveyor and mapper that the finished structure meets the minimum base flood elevation (plus any freeboard as may be required by this ordinance) indicated on the effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study as issued by FEMA, including any effective Letter of Final Determination; and (b) A signed and sealed certification by a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrative Code that the construction of all foundation walls, shear walls, posts, piers, columns, pilings, breakaway walls, equalization vents, and required floodproofing are in compliance with this ordinance. SECTION TWELVE: Article 11, Section 62-61, General standards, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Words stFaek dweugh are deleted, words underlined are added. 16 Agenda Item No, 813 September 27. 2005 Page 59 of 73 Sec. 62 -61. General standards. In all areas of unincorporated Collier County, including areas of special flood hazard, all development sites including new construction and substantial improvements shall be reasonably safe from flooding, and meet the following provisions: (1) New construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State of Florida requirements for resisting wind forces; (3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. See the applicable FEMA Technical Bulletin or Bulletins for guidance; (4) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. See the applicable FEMA Technical Bulletin or Bulletins for approved methods and practices. (5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components or causing damage to the components during conditions of flooding; -- (6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; j (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (8) On -site waste disposal systems (including septic tanks) shall be located and constructed to avoid impairment to them or contamination from them during flooding; (9) All meter enclosures for self - contained electric kilowatt hour meters serving buildings shall be located no lower than one foot above the base flood elevation, depth or flooding, or other identified flood level indicator. If complying with this regulation results in a vertical distance from finished grade to the center of the meter or meters of more than six (6) feet, the meter enclosure shall be located on the outside of an exterior wall with an unobstructed and ready access from an open exterior stairway. When it is necessary to use a stairway for access to a meter, the vertical distance from the tread of the stairway to the center of the meter shall be four (4) to six (6) feet. The meter shall be placed in a position that will not obstruct stairway traffic. On multi-unit buildings, meters and meter enclosures will be allowed within the building provided they are no lower than one foot above the base flood elevation, depth of flooding, or other identified flood level indicator, and located in meter rooms. (10) Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this article shall meet the requirements of "new construction" as contained in this article; (11) Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this ordinance, shall be undertaken only if said non - conformity is not furthered, extended, or replaced; Words stmok "eugh are deleted, words underlined are added. 17 Aaenda Item No. 88 September 27, 2005 Page 60 of 73 (12) All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted to the Floodplain Administrator. Copies of such permits shall be maintained on file with the development permit. State of Florida permits may include, but not be limited to the following: (a) South Florida Water Management District: in accordance with Chapter 373.036 Florida Statutes, Section (2)(a) — Flood Protection and Floodplain Management. (b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of Critical State Concern, and Chapter 553, Part N F.S., Florida Building Code. (c) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage Treatment and Disposal Systems. (d) Department of Environmental Protection, Coastal Construction Control Line: in accordance with Chapter 161.053 F.S. Coastal Construction and Excavation. (13) Standards for Subdivision Proposals and other Proposed Development (including manufactured homes): (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, (c) and water systems located and constructed to minimize or eliminate flood damage; (d) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (14) Elevation Standards (a) Elevation within A Zones may be achieved by the placement of the building on properly designed and compacted fill (ASTM D -698 or equivalent) that extends beyond the building was before dropping below the base flood elevation and has appropriate protection from erosion and scour. The total volume of fill placement within the riverine floodplain must be compensated by the establishment of an equivalent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain Administrator. j (b) Elevation within A Zones may be achieved by use of stemwall construction with the interior portion of the stemwall being bachfilled with a properly designed and compacted fill (ASTM D-698 or equivalent). Additional fill for aesthetic or landscaping purposes may be placed outside of the stemwall with appropriate protection from erosion and scour. The total volume of stemwall and fill placement within the riverine floodplain must be compensated by the establishment of an equivalent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain Administrator. (c) Elevation within A Zones may be achieved by use of solid foundation perimeter walls, shear walls, posts, piers, columns, or pilings. Should Words savck thfOugh are deleted, words underlined are added. 18 Agenda item No. 8B September 27, 2005 Page 61 of 73 solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62 -62 (3). Fill for aesthetic or landscaping purposes adjacent to the building may be placed on the property with appropriate protection from erosion and scour. The total volume of fill placement within the riverine floodplain must be compensated by the establishment of an equivalent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain Administrator. (d) Elevation within V Zones may be achieved by use of foundation walls, shear walls, posts, piers, columns, or pilings so that no obstruction to the passage of waves and high velocity water is created. Elevation within V Zones must be achieved in accordance with Section 62 -65 of this ordinance. (15) A minimum of one foot (F) of freeboard is required for the lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work. The freeboard requirement is generally included in subsequent subsections of this ordinance, but is an overall requirement whether or not specifically mentioned elsewhere. Freeboard is added to the base flood elevation, identified flooding depth, estimated flood elevation (for Zone A), and South Florida Water Management District 100 -year /zero discharge elevation, whichever is applicable. (16) Development utilizing a designed stormwater management system to contain the runoff and discharge through a control structure shall be designed to meet or exceed the minimum water quantity and quality established by the South Florida Water Management District. SECTION THIRTEEN: Article II, Section 62 -62, Specific standards for construction within coastal high hazard areas, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -62. Specific standards for A -zones with base flood elevations and with or without regulatory floodways. In all A -Zones where base flood elevation data has been provided (Zones AE, Al -30, and Ai), as set forth in Section 62 -34 the following provisions shall apply: (1) Residential Construction All new construction or substantial improvement of any residential building (including manufactured home) shall have the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, elevated to no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62- 62(3). Where stem wall construction is utilized and the interior area of the stem wall is filled with compacted fill able to resist flood hydrostatic forces on the exterior of the stem wall, openings to allow automatic equalization of flood hydrostatic forces are not required. (2) Non - Residential Construction All new construction or substantial improvement of any commercial, industrial, or non - residential building (including manufactured home) shall have the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, elevated Words stFHek shfou are deleted, words underlined are added. 19 Agenda Item No. 8B September 27, 2005 Page 62 oe 73 to no lower than one foot above the base flood elevation. Should solid foundation perimeter was be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62 -62 (3). Where stem wall construction is utilized and the interior area of the stem wall is filled with compacted fill able to resist flood hydrostatic forces on the exterior of the stem wall, openings to allow automatic equalization of flood hydrostatic forces are not required. If sufficient information is provided to the Floodplain Administrator to clearly demonstrate the unique site limitations that pose a hardship in meeting the minimum elevation requirements, and the Floodplain Administrator agrees with this information, non - residential buildings located in A -Zones may be dry flood - proofed, in lieu of being elevated, provided that all areas of the building components below the base flood elevation plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Additionally, for certain "open" non - residential buildings (e.g. car wash) where there is not a total enclosure of the building area, wet floodproofing is allowable provided that the wet floodproofing extends to no lower than one foot above the base flood elevation. A licensed Florida professional engineer or registered Florida architect shall certify that the standards of this subsection are satisfied using the FEMA Floodproofing Certificate. Such certification along with the corresponding engineering data, and the operational and maintenance plans shall be provided to the Floodplain Administrator. (3) Elevated Buildings New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for complying with this requirement must be certified by a licensed Florida professional engineer or registered Florida architect and meet the following minimum criteria: (i) Provide a minimum of two openings, both of which may not be on the same exterior wall, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above foundation adjacent interior grade (which must be equal to or higher in elevation than the adjacent exterior grade); and (iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they provide the required net area of the openings and permit the automatic flow of floodwaters in both directions. (b) Fully enclosed areas below the lowest floor shall solely be used for parking of vehicles, storage, and building access and constructed of materials able to withstand submergence, without damage, for prolonged periods of time. Access to the enclosed area shall be minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the living area (stairway or elevator); and Words swaek through are deleted, words underlined are added. 20 Agenda Item No. 813 September 27, 2005 Page 63 of 73 (c) The interior portion of such enclosed area shall not be finished or partitioned into separate rooms. Any electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be located no lower than one foot above the base flood elevation unless designed to withstand fully submerged conditions for prolonged periods of time or enclosed in waterproof housings designed for fully submerged conditions at a depth equal or greater than the hydrostatic and hydrodynamic load created by flooding. (4) Manufactured Homes and Recreational Vehicles (a) All manufactured homes that are placed, or substantially improved, within Zones Al -30, AH, and AE, on sites: (i) outside of an existing manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on and securely anchored to a permanent foundation system so that the lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, are no lower than one foot above the base flood elevation. The permanent foundation system must be able to withstand flotation, collapse, and lateral movement. (b) All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision within Zones Al -30, AH, and AE, that are not subject to the provisions of paragraph 4 (a) of this Section, must be elevated so that: (i) The lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of the manufactured home is elevated to no lower than one foot above the base flood elevation, and (ii) The manufactured home chassis is supported by reinforced piers, or other foundation elements of at least an equivalent strength, that are no less than 36 inches in height above the grade and securely anchored to an adequate foundation system to withstand flotation, collapse, and lateral movement. (c) All recreational vehicles placed on sites within Zones Al -30. AH, and AE must either: (i) Be on the site for fewer than 180 consecutive days and, (ii) Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions), with a plan for removal in case of a flooding threat, or (iii) if not able to comply with items (i) and (ii), meet all the requirements for new construction, including anchoring and elevation requirements in accordance with provisions (4) (a) and (b) of this Article. ... (5) Site Drainage Adequate drainage facilities around structures shall be provided on slopes to guide water away from structures. No significant stormwater drainage is Words sowk dmugh are deleted, words underlined are added. 21 Agenda Item No, 8B September 27. 2005 Page 64 of 73 permitted to flow from the subject premises onto abutting properties or into adjoining waters that are not County - approved drainage systems. (6) Watercourses with Established Base Flood Elevations, but Without Identified Regulatory Floodways Located within the areas of special flood hazard established in Section 62 -34 where watercourses exist for which base flood elevation data has been provided by the Federal Emergency Management Agency without the delineation of the regulatory floodway (Zones AE and Al -30), the following additional provisions shall also apply. (a) Until a regulatory floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within one quarter mile (1320') of the nearest limit of the watercourse within the areas of special flood hazard, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than twenty hundredths foot (0.20') at any point within the community. (b) Development activities which increase the water surface elevation of the base flood by more than twenty hundredths foot (0.20') may be allowed, provided that the developer or applicant first applies — with the community's endorsement — for a conditional FIRM revision, and receives the approval of the Federal Emergency Management Agency. (7) Floodways Located within areas of special flood hazard established in Section 62 -34 are areas designated as floodways. Since a floodway is vital for the passage of the major percentage of flood waters and is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and have significant erosion potential, the following additional provisions shall also apply for development within a floodway: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other developments, within the regulatory floodway unless certification (with supporting technical data) by a licensed Florida professional engineer is provided through hydraulic and hydrologic analyses performed in accordance with standard engineering practice demonstrating that the proposed encroachments would not result in any increase in flood levels during occurrence of the base flood discharge. (b) Prohibit the placement of manufactured homes (mobile homes), except in existing manufactured home (mobile home) parks or subdivisions. A manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Section 62- 61 (2); and the elevation standards of Section 6, Subsection 62- 62(4); and the encroachment standards of Section 62- 62(7)(a), are met. (c) Development activities, including new construction and substantial improvements, that increase the water surface elevation of the base flood may be allowed, provided that the developer or applicant first applies — with the community's endorsement — for a conditional FIRM revision, and receives the approval of FEMA. (d) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, within the regulatory floodway, the development permit shall not be issued unless certification (with supporting technical data) by a licensed Florida professional engineer is provided through hydraulic and hydrologic analyses performed in accordance with standard Words st+aek through are deleted, words underlined are added. 22 Agenda Item No. 8B September 27, 2005 Page 65 of 73 engineering practice demonstrating that the proposed encroachments would not increase the water surface elevation of the base flood in accordance with Section 62- 62(7)(a) or Section 62- 62(7)(c). (8) Structures Located Seaward of the Coastal Construction Control lane For all structures located seaward of the Coastal Construction Control Line (CCCL), the lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or at least one (1) foot above the base flood elevation established by FEMA in accordance with Section 62 -34, whichever is higher. All non - elevation design requirements of Section 62 -65 shall apply. SECTION FOURTEEN: Article II, Section 62 -63, Regulations within the floodways, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -63. Specific standards for A -zones without base flood elevations and regulatory floodways. Located within the areas of special flood hazard established in Section 62 -34, may be A Zones for which no base flood elevation data and regulatory floodways have been provided or designated by the Federal Emergency Management Agency, and the following provisions apply: (1) Require standards of Section 62-61. (2) The Floodplain Administrator shall obtain, review, and reasonably utilize the base flood elevation and floodway data available from a Federal, State of Florida, or any other reliable and properly documented source, in order to administer the provisions of this ordinance. When such data is utilized, provisions of Section 62 -62 shall apply. The Floodplain Administrator shall: (a) Obtain the NAVD elevation (in relation to the mean sea level) of the lowest floor, including the basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of all new and substantially improved structures, (b) Obtain, if the structure has been floodproofed in accordance with the requirements of Section 62- 62(2), the NAVD elevation in relation to the mean sea level to which the structure has been floodproofed, and (c) Maintain a record of all such information. (3) Require the permittee to notify, in riverine situations, adjacent communities, the State of Florida, Department of Community Affairs, NFIP Coordinating Office, and the South Florida Water Management District prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. (4) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (5) Manufactured homes shall be installed using methods and practices that minimize flood damage and shall be elevated on and securely anchored to a permanent foundation system so that the lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, are no lower than one foot above the elevation established in Section 62- .. 63(2). The permanent foundation system must be able to withstand flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement Words soaelchreegh are deleted, words underlined are added. 23 Agenda Item No. 8B September 27. 2005 Page fib of 73 is in addition to applicable State of Florida and local anchoring requirements for resisting wind forces. (6) When the data is not available from any source as in paragraph (2) of this Subsection, the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of the structure shall be elevated to no lower than three feet above the highest adjacent grade. (7) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data. SECTION FIFTEEN: Article U, Section 62 -64, Regulations for manufactured homes and recreational vehicles, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-64. Specific standards for AO- zones. Located within the areas of special flood hazard established in Section 62 -34 may be areas designated as shallow flooding areas. These areas have flood hazards associated with base flood depths of one to three feet, where a clearly defined channel does not exist and the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures in all AO Zones shall have the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, no lower than one foot above the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be elevated to no less than three feet above the highest adjacent grade, or one foot above the flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source, whichever is higher. (2) All new construction and substantial improvements of non - residential structures in all AO Zones shall: (a) Have the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, no lower than one foot above the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be elevated to no less than three feet above the highest adjacent grade, or one foot above the flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source, whichever is higher, or (b) Together with attendant utility and sanitary facilities, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, be completely floodproofed to the elevation specified in paragraph (2)(a) of this subsection utilizing the floodproofing standards specified in Section 62- 62(2). (3) Adequate drainage facilities around structures shall be provided on slopes to guide water away from structures. No significant stormwater drainage is Words swask thfeugh are deleted., words underlined are added. 24 Agenda Item No. 8B September 27, 2005 Page 67 of 73 permitted to flow from the subject premises onto abutting properties or into adjoining waters that are not County - approved drainage systems. SECTION SIXTEEN: Article H, Section 62 -65, Standards for subdivision plats, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62 -65. Specific standards for coastal high hazard areas (V- zones). Located within areas of special flood hazard established in Section 62 -34 are Coastal High Hazard Areas, designated as Zones V1-30, VE, or V (with BFE). The following provisions shall apply for all development activities: (1) Meet the Requirements of Section 62 -50 and Section 62 -61, Section 62 -62 (except 62- 62(7)), Section 62 -63 and Section 62 -64. (2) All new construction and substantial improvements in Zones Vl —V30, VE, and V (with BFE) shall be elevated on shear walls, posts, piers, pilings or columns so that: (a) The bottom of the lowest horizontal structural member of the lowest floor (excluding the shear walls, posts, piers, pilings or columns) electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work is elevated to no lower than one foot above the base flood elevation whether or not the structure contains a basement; and (b) The shear wall, post, pier, pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building .. components. Water loading will be those values associated with one foot above the base flood. Wind loading values will be those required by applicable State of Florida or local, if more stringent than those of the State of Florida, building standards. Utility service risers shall be located and designed for protection against wind, water, waves and debris impacts anticipated with the base flood. (3) A licensed Florida professional engineer or registered Florida architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. (4) Obtain the NAVD elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding shear walls, posts, piers, pilings and columns) of all new and substantially improved structures. The Floodplain Administrator shall maintain a record of all such information. (5) All new construction and substantial improvements shall be located landward of the reach of mean high tide. (6) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non - supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than (ten)10 and no more than (twenty) 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local codes) may be permitted only if a licensed Florida professional Words swxek IhFeeg are deleted, words underlined are added. 25 Agenda Item No. 8B September 27, 2005 Page fib of 73 engineer or registered Florida architect certifies that the designs proposed meet the following conditions: (a) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (b) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). The water loading shall be those values associated with one foot above the base flood. The wind loading values shall be those required by applicable Florida or local, if more stringent than those of the State of Florida, building standards. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage and shall not be finished, partitioned into multiple rooms, or temperature- controlled. (7) Prohibit the use of fill for structural support. No development permit shall be issued for development involving fill in coastal high hazard areas unless it has been demonstrated through appropriate engineering analyses that the subject fill does not cause any adverse impacts to the structure on site or adjacent structures. Placement of fill that would result in an increase in the base flood elevation or cause adverse impacts by wave ramping and deflection may be permitted, provided that the permit applicant first applies for and receives a conditional FIRM revision, fulfilling the requirements for such revisions as established by FEMA. (8) All swimming pools within the Coastal High Hazard Area, as defined by this Ordinance, shall be anchored to a shear wall, post, pier, pile or column foundation to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on the pool. An exception to this is for above ground pools for the private use of a one or two family dwelling that is constructed with a vinyl liner as the main component. (9) Prohibit man -made alteration of sand dunes and mangrove stands that would increase potential flood damage. (10) Standards for Manufactured Homes (a) No manufactured home shall be placed in the Coastal High Hazard Area except in an existing manufactured home park or existing manufactured home subdivision. (b) All manufactured homes to be placed or substantially improved on sites in the Coastal High Hazard Area: (i) In an expansion to an existing manufactured home park or subdivision, or, (ii) In an existing manufactured home park or subdivision in which a manufactured home has incurred "substantial damage" as the result of a flood, must meet the standards of Section 62 -65(2) though (8), (c) All manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision shall meet the requirements of Section 62 -62(4) (b). (11) Recreational vehicles placed on sites within Zones VE, V1 —V30, V (with base flood elevation) on the FIRM must be within an existing recreational vehicle park or recreational vehicle subdivision and either (a) Be on the site for fewer than 180 consecutive days, and (b) Be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security Words ugh are deleted, words underlined are added. 26 Agenda Item No. 8B September 27. 2005 Page 69 of 73 devices, and has no permanently attached additions) with a plan for removal in case of a flooding threat; or (c) Meet the requirements of Section 62 -65(2) through (8). (12) For all structures located seaward of the Coastal Construction Control Line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or at least one foot above the base flood elevation, whichever is the higher. All non - elevation design requirements Section 62- 655(2) through (11) shall apply. (13) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in a coastal high hazard area, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not be subject to damage and erosion by the base flood, nor increase the water surface elevation of the base flood, nor cause any adverse impacts to adjacent properties by wave ramping and deflection. SECTION SEVENTEEN: Article 11, Section 62 -66, Specific standards for cumulative substantial improvement, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62 -66. Specific standards for cumulative substantial improvement. (1) The total cost of the repair of damage of any origin sustained by a structure to restore it to its before damaged condition shall be kept on file by the Floodplain Administrator and shall be counted cumulatively for a rolling five (5) year period. This cumulative total is one factor to be used in determining whether or not a structure has reached the substantial damage threshold. (2) The total cost of the reconstruction, rehabilitation, addition, or other improvement of a structure, shall be kept on file by the Floodplain Administrator and shall be counted cumulatively for a rolling five (5) year period. This cumulative total is one factor to be used in determining whether or not a structure has reached the substantial improvement threshold. This cumulative total does not, however, include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. (3) The sum total of both the (five) 5 -year cumulative damage and (five) 5 -year cumulative improvement costs will be the cost used to determine whether or not a structure has reached the substantial damage or substantial improvement threshold for compliance with the National Flood Insurance Program (4) Any addition to a structure must be protected from damage from the base flood plus at least one foot. SECTION EIGHTEEN: Article II, Section 62 -67, Specific standards for subdivision plats, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62 -67. Specific standards for subdivision plats. (1) All subdivision plats shall be consistent with the need to minimize flood damage. (2) All subdivision plats shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. Words swask thraugh are deleted, words underlined are added. 27 Agenda Item No. 8B September 27. 2005 Page 70 of 73 (3) All subdivision plats shall have adequate drainage provided to reduce exposure to flood hazards. (4) Base flood elevation data and all areas of special flood hazard (flood zones beginning with "A" or "V ") shall be shown on the Master Subdivision Plan. (5) All final plats presented for approval shall clearly indicate areas of special flood hazard, the finished elevation above NAVD of the roads, the average finished elevation above NAVD of the lots or home site, and the minimum base flood elevation above NAVD as required in this Ordinance. SECTION NINETEEN: Article 11, Section 62 -68, Specific standards for critical facilities, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62-68. Specific standards for critical facilities. (1) Certain public and privately owned facilities are considered as critical facilities when considering the health, safety, and welfare of the citizens and residents of Collier County, Florida. Critical facilities require flood protection to a greater extent than most properties to reduce damage to these vital facilities, reduce pollution of flood waters by potentially hazardous materials, and ensure that the facilities will be operable during most flood emergencies. Critical facilities, for purposes of this article, are identified as • Fire stations • Sheriff department stations/substations • Emergency Medical Service stations • Collier County Emergency Operations Center • Emergency evacuation centers • Water treatment plants, pump stations, and wells • Wastewater treatment plants and pump stations • Electric power substations • Telephone communication centers /switching stations • Hospitals (2) New, substantially improved, reconstructed, and substantially damaged/repaired critical facilities are required to be protected from flooding up to the 0.02 percent chance (500 -year) flood event or at least one foot (1') above the base flood elevation, depth of flooding, or any other flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source. (3) New critical facilities must use elevation as the method of providing the required level of flood protection. Substantially improved, reconstructed, and substantially damaged/repaired critical facilities may use dry floodproofing as the method of providing the required level of flood protection when elevation is not a practical or fiscally sound option. SECTION TWENTY: Article II, Section 62 -69, Specific standards for stormwater management facilities inspection and maintenance, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62 -69. Specific standards for stormwater management facilities inspection and maintenance. (1) Periodic inspection and maintenance of stormwater facilities is essential to ensure their adequacy to function properly and provide the level of flood protection as originally designed and constructed. The training and experience of the individuals performing the inspection and maintenance is important to ensure proper recognition and understanding of problems that may be encountered. Words swaek dweegh are deleted, words underlined are added. 28 Agenda Item No. 813 September 27, 2005 Page 71 of 73 (2) The owners or responsible entities of all new stormwater management facilities (i.e. those developments with a start of construction date occurring after the effective date of this Ordinance) are responsible to perform at least an annual maintenance of the development's complete stormwater management system and have a licensed Florida professional engineer, knowledgeable with stormwater management design and regulations, perform an annual inspection and certify that the maintenance has been done. Maintenance activity will remove all large objects that could obstruct or hinder flow capacity, and remove all sediment accumulations when they have accumulated to reduce the water quality and/or quantity capacities by more than 20 %. (3) The owners or responsible entities of all existing stormwater management facilities (i.e. those developments with a start of construction date occurring before the effective date of this Ordinance) are responsible to perform at least a bi -annual (every other year) maintenance of the development's complete stormwater management system and have a licensed Florida professional engineer knowledgeable with stormwater management design and regulations perform an annual inspection and certify that the maintenance has been done. Maintenance activity will remove all large objects that could obstruct or hinder flow capacity, and remove all sediment accumulations when they have accumulated to reduce the water quality and/or quantity capacities by more than 20%. • For all development south of the centerline of Golden Gate Parkway [including the extension of an imaginary alignment due east of the intersection of Golden Gate Parkway /Collier Blvd. (CR- 951)], the initial maintenance and inspection certification are due October 1, 2006. • For all development north of the centerline of Golden Gate Parkway [including the extension of an imaginary alignment due east of the intersection of Golden Gate Parkway /Collier Blvd. (CR- 951)], the initial maintenance and inspection certification are due October 1, 2007. (4) The certified stormwater management facility maintenance and inspection report will include, at a minimum, • a name, location and description of the development, • name of the owner or responsible entity, • any local, State of Florida, or Federal permit number (if applicable), • a drawing showing the location of the stormwater management facilities, • details as necessary to identify the existing facility components, cross sections, profiles, shapes, etc. of swales, ditches, pipes, lakes, control structures, or other components of the approved facilities, • an explanation of the condition of the facilities (e.g. observed sediment accumulations, rusting pipes, cracked concrete, etc.), • an explanation of the specific efforts undertaken to perform the inspection, and • the engineer's signed and sealed certification in accordance with Chapter 471, Florida Statutes and Chapter 61G -15, Florida Administrative Code. • If no physical changes have been made to the development's stormwater management facilities since the last certified maintenance and inspection report, clearly understood references to the location and physical descriptions of the applicable facilities can be made by the engineer in subsequent certified reports up to a maximum of (ten) 10 years. (5) The certified stormwater management facility maintenance and inspection report will be submitted to the FloodpWri Administrator in a format acceptable to him. SECTION TWENTY -ONE: Article II, Section 62 -70, Specific standards for flood hazard disclosure, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: »- Sec. 62 -70. Specific standards for flood hazard disclosure. Current federal law (The National Flood Insurance Act of 1968, as amended) requires that a federal lender advise a purchaser if a property is located in an area of special flood Words stmek thfaugk are deleted, words underli are added. 29 Agenda Item No. &B September 27, 2005 Page 72 of 73 hazard and ensure that adequate flood insurance is available for the life of the loan before closing on the loan. This could be well after the buyer has put down earnest money, has lost interest in other properties, and/or has become committed to purchasing the property without knowing all the facts. To better inform and protect the seller, agent, and purchaser, the following flood hazard disclosure requirements have been developed for all real estate transactions. (1) All real estate agents must notify those interested in purchasing properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V ") about the flood hazard and the flood insurance purchase requirement. The notice must clearly state whether the property is in the floodplain and, if so, that flood insurance purchase requirements are applicable. The flood hazard disclosure document must be provided to the potential purchaser with the initial face to face contact, showing, or mailing of information (including electronic mail and facsimile transmissions) but is not required when the only contact is a telephone call with no follow -up communication. (2) All individual sellers of real estate (when a real estate agent is not involved) must notify those interested in purchasing properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V ") about the flood hazard and the flood insurance purchase requirement. The notice must clearly state whether the property is in the floodplain and, if so, that flood insurance requirements are applicable. The flood hazard disclosure document must be provided to the potential purchaser prior to the initiation of the preparation of a sales/purchase contract document. (3) All real estate agents and individual sellers of real estate (when a real estate agent is not involved) must advise potential purchasers in writing whether "to the best of their knowledge and belief' the property has ever been flooded. This written notification must occur at the same time as the notification of the flood hazard and flood insurance purchase requirement. (4) All landlords must notify those interested in renting properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V ") about the flood hazard, whether they have purchased flood insurance on the building and contents, and the ability of the renter to individually purchase flood insurance on building contents. The notice must clearly state whether the property is in the floodplain. The flood hazard disclosure document must be provided to the potential renter prior to the initiation of the preparation of a rental contract document. Additionally, the landlord is required to advise the potential renter in writing whether "to the best of their knowledge and belief' the property has ever been flooded. (5) All property boundary and individual lot surveys are required to show the flood hazard area if the property is located within an area of special flood hazard (flood zones beginning with the letter "A" or "V ") and include the base flood elevation, if applicable. SECTION TWENTY -TWO: 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 court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY - THREE: Liberal Construction. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION TWENTY -FOUR: Inclusion in the Code of Laws and Ordinances Words smwk thfoug t are deleted, words underlined are added. 30 Agenda Item No. 8B September 27, 2005 Page 73 of 73 The provisions of this Ordinance shall become and be made a part the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the words "code" or "ordinance" may be changed to "section', "article ", or any other appropriate word. SECTION TWENTY -FIVE: Effective Date This ordinance shall become effective upon filing with the Florida Secretary 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 By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: JENNIFER A. BE DIO Assistant County A rney Words are deleted, words and rlin are added. 31 Agenda Item No. 8C September 27, 2005 Page 1 of 69 EXECUTIVE SUMMARY PUDZ-A- 2004 -AR -6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial /retail and industrial square footage, delete the "Accommodations District" land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUD). The property is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3± acres. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to amend the PUD as noted below and to make sure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner requests to continue the BCC hearing date from September 27, 2005 to October 11, 2005 due to the inability of the property owner to reach an agreement on cost sharing for the shared access (see attached request for continuance). Staff has requested the applicant to update the PUD master plan to reflect an interconnection to the property to the west, zoned RMF -12 (Waterways) and to include language in the PUD document that reflects this change. The PUD master plan has been updated, and has been included in the BCC packet. The applicant will provide staff with the updated PUD document for the October 11, 2005 hearing. The petitioner wishes to amend the Westport Commerce Center PUD, which was originally approved with the adoption of Ordinance Number 94 -56 on October 26, 1994. The proposed revisions include: changing the PUD reference to MPUD (Mixed Use), revising the PUD document and Master Plan to show a reduction in the intensity of the commercial /retail and industrial square footage, deleting the "Accommodations District" land use, and increasing the amount of preserve area. The approved PUD allows a maximum gross floor area of 255,000 square feet of commercial /retail use in approximately 25.7 acres; 450,000 square feet of industrial use in approximately 31.5 acres, and 18.8 acres of preserve within the 97f -acre project site. Access is from both Collier Boulevard (C.R. 95 1) and Davis Boulevard. The proposed revisions to the PUD document and Master Plan intend a maximum gross floor area of 350,000 square feet of commercial /retail use in approximately 39.3 acres, and 105,000 square feet of industrial use in approximately 8 acres within the 97± -acre project site. A ,�.. preserve area of 7.9± acres is proposed in addition to the original approved minimum amount of WESTPORT COMMERCE CENTER, PUDZ- A- 2004 -AR -6092 EXECUTIVE SUMMARY Page 1 of 5 Agenda Item No. 8C September 27, 2005 Page 2 of 69 18.8 acres that is required to be retained, for a total of 26.7± acres. Numerous water management lakes will be provided on site. Within the proposed application, the PUD document and Master Plan are revised to remove the land use designation for the 6.0 acre "Accommodations District" tract; increase the Commercial Retail tracts from 25.7 acres to 39.3 acres (13.6 acre increase); reduce the Light Industrial tracts from 31.5 acres to 8.0 acres (23.5 acre reduction); and, increase the amount of preserve area from 18.8 acres to 26.7 acres (7.9 acre increase). These changes include a 95,000 square foot increase in Commercial Retail uses (from 255,000 square feet to 350,000 square feet) and a 345,000 square foot decrease in Light Industrial uses (from 450,000 square feet to 105,000 square feet). This petition is incorporating a strike -thru and underline format to address the specific proposed changes. It has been determined that this type of PUD amendment does not "open" the entire PUD to additional scrutiny. The changes proposed as part of this amendment include changing the reference of the PUD type to a Mixed Use PUD. When this project was last amended in 1994, there was only the designation of 'PUD "; there were no subcategories of PUD. The Land Development Code (LDC) now recognizes several types of PUDs, of which Mixed Use is one. A Mixed Use PUD is the type of PUD that recognizes a project that contains more than one use component. This PUD consists of commercial /retail and industrial components. The Mixed Use PUD designation more clearly defines the project. The PUD has also been revised to update LDC citations in compliance with the changes adopted in Ordinance Number 04 -04 that reformatted the entire LDC. A subdivision plat has been recorded in Plat Book 41, pages 60 and 61 of the Public Records of Collier County. The County has approved site development plans for Lot 1, Wal -Mart (AR- 2124), and also for Lots 2, 3, and 4, Market Center (AR- 3770), consisting of commercial/retail and industrial uses. FISCAL IMPACT: The rezoning by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD is amended, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities, except that the uses proposed and the Community Facilities PUD proposed would allow public facilities uses rather than create an impact upon 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 WESTPORT COMMERCE CENTER, PUDZ -A- 2004 -AR -6092 EXECUTIVE SUMMARY Page 2 of 5 Agenda Item No. 8C September 27, 2005 Page 3 of 69 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 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 purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT• The subject property is designated Urban — (Industrial District, and Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Industrial District permits basic industrial uses and limited commercial uses; Interchange Activity Center ( #9) permits the full array of commercial uses; residential and non- residential uses; institutional uses, Business Park; hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants. The entire Interchange Activity Center is eligible for up to 100 percent of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55 percent of the total acreage (632.5) of Interchange Activity Center #9. A maximum of 347.88 total acres is eligible for commercial zoning; 325.23 acres are presently pending or zoned commercial, leaving 22.65 acres eligible for rezoning to commercial within Activity Center #9. Therefore, the petitioner's request for an additional 13.6 acres of the PUD to be designated for commercial land uses would qualify under these criteria. 632.5 acres X 55 percent = 347.88 acres maximum eligible for commercial zoning 325.23 acres zoned/pending commercial zoning = 22.65 acres eligible for rezone to commercial. 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. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document and determines that the proposed changes will not affect the Environmental compliance of the PUD. The environmental issues were adequately addressed in the 1994 PUD document. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES• The Environmental Advisory Council (EAC) did not hear this petition. WESTPORT COMMERCE CENTER, PUDZ -A- 2004 -AR -6092 EXECUTIVE SUMMARY Page 3 of 5 Agenda Item No. 8C September 27, 2005 Page 4 of 69 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on July 21, 2005, and by a vote of 6 to 1 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations and the CCPC stipulation as follows: At the time of Site Development Plan approval any proposed commercial use that results in site generated trips in excess of the amount listed ITE Trip Generation Manual Land Use Code #770 and #820 as listed in the petitioner's Traffic Impact Statement (TIS) for this petition will require a public hearing for approval. Since this petition did not receive unanimous approval, it cannot be placed on the Summary Agenda. The dissenting CCPC member did not specify the reason for not recommending approval of this petition. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the Collier County Planning Commission's evaluation of the listed criteria in Section 10.03.05 and Section 10.02.12 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: • The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. • The proposed land uses are compatible with the existing land use pattern. • The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the 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. RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve Petition PUDZ -A- 2004 -AR -6092, which repeals Ordinance Number 94 -56, and adopts the revised Westport Commerce Center PUD Ordinance and PUD document attached hereto, noting that, in staff's opinion, the request is consistent with the GMP Future Land Use Element designation; and as further limited in the revised PUD document and the revised Master Plan, the uses allowed by this amendment will be consistent with Policy 5.4, that requires new development to be compatible with the surrounding uses. PREPARED BY: Carolina Valera, Principal Planner WESTPORT COMMERCE CENTER, PUDZ -A- 2004 -AR -6092 EXECUTIVE SUMMARY Page 4 of 5 Agenda item No. 8C September 27, 2005 Page 5 of 69 Department of Zoning & Land Development Review WESTPORT COMMERCE CENTER, PUDZ -A- 2004 -AR -6092 EXECUTIVE SUMMARY Page 5 of 5 Agenda Item No. 8C September 27, 2005 Page 6 of 69 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8C Item Summary: This item is being requested to be continued to the October 11, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2004 -AR -6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial /retail and industrial square footage, delete the Accommodations District land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUD). The property is located on Collier Boulevard (C.R. 951) and Davis Boulevard. in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3 acres. (Petitioner's request) Meeting Date: 9/2712005 9:00:00 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 91712005 8:48 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/7/2005 8:57 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin, 91712005 11:03 AM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 9/1412005 5:29 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9114/2005 5:40 PM Approved By Marjorie M. Student Assistant County Attorney Date County Attorney County Attorney Office 9/15/2005 1:13 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/21/2005 12:58 PM Approved By Agenda Item No. 8C September 27, 2005 Page 7 of 69 James V. Mudd County Manager Date Board of County 9!21/2005 3:44 PM County Manager's Office Commissioners Agenda Item No, 8C September 27, 2005 Page 8 of 69 Co*er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JULY 21, 2005 SUBJECT: PETITION PUDZ -A- 2004 -AR -6092: BENDERSON DEVELOPMENT CO., REGARDING WESTPORT COMMERCE PUD APPLICANT: Benderson Development Company 8441 Cooper Creek Blvd. University Park, FL 34201 REQUESTED ACTION: AGENT: Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 The petitioner wishes to amend the Westport Commerce Center PUD, which was originally approved in Ordinance Number 94 -56 on October 26, 1994. The proposed revisions include: changing the PUD reference to MPUD (Mixed Use), revising the PUD document and Master Plan to show a reduction in the intensity of the commercial /retail and industrial square footage, deleting the "Accommodations District" land use, and increasing the amount of preserve area. GEOGRAPHIC LOCATION: The project is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida (see location map on the following page). GACurrent \Valera \PUD \Westport Commerce Center AR- 6092 \STAFF REPORT.doc Page 1 of 8 Agenda Item No. 8C September 27, 2005 Page 9 of 69 a ail 6-, O 0 00 °C O aiwvva v+noo is» �°� it " �F fi C a5 >< -uvj� 3 r a G:1Current\Valera\PUD\Westport Commerce Center AR- 60921STAFF REPORT.doc Page 2 of 8 W vJ a a ZI O O J ail 6-, O 0 00 °C O aiwvva v+noo is» �°� it " �F fi C a5 >< -uvj� 3 G:1Current\Valera\PUD\Westport Commerce Center AR- 60921STAFF REPORT.doc Page 2 of 8 W vJ a a ZI O O J Agenda Item No. 8C September 27, 2005 Page 10 of 69 MASTER PLAN xDOKWVH vcra0 MCI iii liiiili�l��Ilfilil€fdt�!llifi/ mane a �� i d � WU zl 4• m 4W4 PENSION I U C h a IQ ON s� az � g � xsaana e ♦� g BO n 11 J a } c w g aj ? v 3 WI o o � a a U z -Z N I U C W Z till S pit c I ' W U 0 a v� w `� � W W U) i O f 71� a g IL UaAane a aau — — - - ---------------- ------------ c',o oz az z N 1z N N � N G: \Current \Valera \PUD \Westport Commerce Center AR- 6092 \STAFF REPORT.doc Page 3 of 8 H Agenda Item No. 8C September 27, 2005 Page 11 of 69 PURPOSE/DESCRIPTION OF PROJECT: The current PUD document and Master Plan propose a maximum gross floor area of 350,000 square feet of commercial /retail use in approximately 39.3 acres, and 105,000 square feet of industrial use in approximately 8 acres within the 97± -acre project site. A preserve area of 7.9± acres is proposed in addition to the original approved minimum amount of 18.8 acres that is required to be retained, for a total of 26.7± acres. Numerous water management lakes will be provided on site. Access is planned from both Collier Boulevard (C.R. 951) and Davis Boulevard. Within the proposed application, the PUD document and Master Plan are revised to remove the land use designation for the 6.0 acre "Accommodations District" tract; increase the Commercial Retail tracts from 25.7 acres to 39.3 acres (13.6 acre increase); reduce the Light Industrial tracts from 31.5 acres to 8.0 acres (23.5 acre reduction); and, increase the amount of preserve area from 18.8 acres to 26.7 acres (7.9 acre increase). These changes include a 95,000 square foot increase in Commercial Retail uses (from 255,000 square feet to 350,000 square feet) and a 345,000 square foot decrease in Light Industrial uses (from 450,000 square feet to 105,000 square feet). This petition is incorporating a strike -thru and underline format to address the specific proposed changes. It has been determined that this type of PUD amendment does not "open" the entire PUD to additional scrutiny. The changes proposed as part of this amendment include changing the reference of the PUD type to a Mixed Use PUD. When this project was last amended in 1994, there was only the designation of "PUD "; there were no subcategories of PUD. The Land Development Code (LDC) now recognizes several types of PUD's, of which Mixed Use is one. A Mixed Use PUD is the type of PUD that recognizes a project that contains more than one use component. This PUD consists of commercial /retail and industrial components. The Mixed Use PUD designation more clearly defines the project. The PUD has also been revised to update LDC citations in compliance with the changes adopted in Ordinance Number 04 -04, that reformatted the entire LDC. A subdivision plat has been recorded in Plat Book 41, pages 60 and 61 of the Public Records of Collier County. The County has approved site development plans for Lot 1, Wal -Mart (AR- 2124), and also for Lots 2, 3,and 4, Market Center (AR- 3770), consisting of commercial /retail and industrial uses. SURROUNDING LAND USE AND ZONING: North: I -75 /Collier Boulevard Commercial Center PUD and along Davis Boulevard a commercial tract of the East Gateway PUD and the I -75 /Alligator Alley PUD, which is a commercial PUD. East: Forest Glen of Naples PUD along Collier Boulevard (improved residential PUD) South: Cedar Hammock PUD (improved residential PUD) G: \Current \Valera \PUD \Westport Commerce Center AR- 6092 \STAFF REPORT.doc Page 4 of 8 Agenda Item No. 8C September 27, 2005 Page 12 of 69 West: Cedar Hammock PUD and vacant lands zoned RMF -12 and Agricultural AERIAL PHOTO GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban — (Industrial District, and Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Industrial District permits basic industrial uses and limited commercial uses; Interchange Activity Center ( #9) permits the full array of commercial uses; residential and non - residential uses; institutional uses, Business Park; hotel /motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants. The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5) of Interchange Activity Center #9. A maximum of 347.88 total acres is eligible for commercial zoning; 325.23 acres are presently pending or zoned commercial, leaving 22.65 acres eligible for rezoning to commercial within —• Activity Center #9. Therefore, the petitioner's request for an additional 13.6 acres of the PUD to be designated for commercial land uses would qualify under these criteria. GACurrent \Valera \PUD \Westport Commerce Center AR- 6092 \STAFF REPORT.doc Page 5 of 8 Agenda Item No. 8C September 27, 2005 Page 13 of 69 632.5 acres X 55% = 347.88 acres maximum eligible for commercial zoning 325.23 acres zoned/pending commercial zoning = 22.65 acres eligible for rezone to commercial. FLUE Policy 5.4 requires new land uses to be compatible with, and complimentary 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. Transportation Element: Transportation staff has determined that this petition is consistent with the GMP Transportation Element Policies 5.1 and 5.2 because there are no roadways that are projected to operate below the adopted level of service standard with the proposed improvements, therefore the project will not have an adverse impact on any roadway. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.B.5 of the Land Development Code 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 and determines that the proposed changes will not affect the Environmental compliance of the PUD. The environmental issues were adequately addressed in the 1994 PUD document. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document that accompanies the request, and has offered no new language for the proposed amendment as the proposed exchange of the Hotel /Motel use for the increased commercial /retail and industrial square footage uses, reduces the intensity of the original PUD. The 1994 PUD document incorporated Transportation staffs issues within the PUD document. Utility Review: The Utilities Department has reviewed the proposed changes and is requesting a potable well site. The applicant has not agreed to this request. The strike through and underline revised PUD document attached to this staff report reflects that fact. Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land G: \Current \Valera \PUD \Westport Commerce Center AR- 6092 \STAFF REPORT.doc Page 6 of 8 Agenda Item No. 8C September 27, 2005 Page 14 of 69 ry use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action (PUD amendment) is approved, and to the requirements or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed uses were already determined to be consistent with the GMP, and it was already determined that those uses should be compatible with the land uses on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the site will be separated from other development by the buffers required by the LDC along the north, south, and east and west boundaries, and the proposed lake at the south west corner of the PUD will provide further separation distance to a portion adjacent to Cedar Hammock residential PUD. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant, Fred Reischl of Agnoli, Barber & Brundage, Inc., held the required meeting on December 2, 2004 at 6:00 P.M. at Edison Community College auditorium. Attendees included: Mr. Robin Meyer, Principal Planner for Collier County, Mr. Bruce Anderson, agent for Benderson Development Company, Mr. Al Fulton, Mrs. Carolyn Fulton, Mr. Ronald Thompson, Mr. Brooke Lawrence, Mr. Bob DeZurik and Mr. Alan Williams. No other members of the public attended (Synopsis of the NIM provided by Robin Meyer). STAFF RECOMMENDATION: Zoning & Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDZ -A- 2004 -AR -6092 to the Board of County Commissioners with a recommendation that this petition be deemed consistent with the GMP, and further that the PUD amendment be approved, with the limitations contained in the PUD document. Pursuant to section 10.02.13.K of the LDC staff also recommends that one potable water well and associated easements be dedicated for public use to Collier County. GACurrent\Valera\PUD\Westport Commerce Center AR- 60921STAFF REPORT.doc Page 7 of 8 Agenda Item No. 8C September 27, 2005 Page 15 of 69 PREPARED BY: CAROLINA VALERA, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAYMOND V. BELLOWS, 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 ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Scheduled for the September 27, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN Exhibits: A. Rezone Findings B. PUD Findings GACurrent \Valera \PUD \Westport Commerce Center AR -6092 \STAFF REPORT.doc Page 8 of 8 DATE Agenda Item No. 8C September 27, 2005 Page 16 of 69 ORDINANCE NO. 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, WHICH 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 PLANNED UNIT DEVELOPMENT (PUD) TO A MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) KNOWN AS WESTPORT COMMERCE CENTER MUPUD, TO REVISE THE PUD DOCUMENT AND MASTER PLAN TO SHOW A REDUCTION IN THE INTENSITY OF THE COMNIERCIAL/RETAIL AND INDUSTRIAL SQUARE FOOTAGE, DELETE THE "ACCOMMODATIONS" LAND USE SUBDISTRICT AND INCREASE THE AMOUNT OF PRESERVE AREA, FOR PROPERTY LOCATED ON COLLIER BOULEVARD (C.R. 951) AND DAVIS BOULEVARD (S.R. 84), IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 97f ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 94 -56, THE FORMER WESTPORT COMMERCE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Agnoli, Barber & Brundage, Inc., and R. Bruce Anderson, Esquire, of Roetzel & Andress, representing Benderson Development 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: Page 1 of 3 Agenda Item No. 8C September 27, 2005 Page 17 of 69 The zoning classification of the herein described real property located in Section 3, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Mixed Use Planned Unit Development ( MUPUD) in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in 2004 -41, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 94 -56, known as the Westport Commerce Center PUD, adopted on October 18, 1994, by the Board of County Commissioners of Collier County is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Westport Commerce Center MUPUD Document attached hereto as Exhibit "A ". All other provisions of Ordinance Number 94 -56 shall remain in full force and effect. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M. Page 2 of 3 FRED W. COYLE, CHAIRMAN Marjorie M. Student - Stirling Assistant County Attorney PUDZ- A- 2004 -AR 6092/CV /sp Page 3of3 Agenda Item No. 8C September 27, 2005 Page 18 of 69 Agenda Item No. 8C September 27, 2005 Page 19 of 69 WESTPORT COMMERCE CENTER A PLANNED UNIT DEVELOPMENT 97.0+ Acres Located in Section 3, Township 50 South, Range 26 East Collier County, Florida PREPARED FOR: ANDREW J. SALUAN, TRUSTEE AJS Realty Group, Inc. 3800 Airport Road North Naples, Florida 33942 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. Wilson Professional Center 3200 Bailey Lane Suite 200 Naples, FL 33942 AMENDED FOR: RONALD BENDERSON 1995 TRUST and WR -I ASSOCIATES 570 Delaware Avenue Buffalo, NY 14202 AMENDED BY: AGNOLI. BARBER & BRUNDAGE INC 7400 Tamiami Trail North Suite 200 Naples, FL 34108 ROETZEL & A.NDRESS LPA 850 Park Shore Dr. Trianon Centre, 3rd Floor Naples, FL 34103 DATE FILED January 5. 1994 DATE REVIEWED BY CCPC 10 -6 -94 DATE APPROVED BY BCC 10 -18 -94 ORDIANCE NUMBER 94 -56 AMENDED 2005 EXHIBIT A TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP & GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III ZONE A — COMMERCIAL RETAIL SECTION IV ZONE B DATIONS RESERVED SECTION V ZONE C — INDUSTRIAL SECTION VI RESERVE SECTION VII GENERAL DEVELOPMENT COMMITMENTS n Agenda Item No. 8C September 27, 2005 Page 20 of 69 PAGE ii 1 -1 2 -1 3 -1 4 -1 5 -1 6 -1 7 -1 Agenda Item No. 8C September 27, 2005 Page 21 of 69 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN (AWB&aP, In^ No D Z 2 44 A) EXHIBIT B AED t A t PHOTOG A P LOCATION MAP (WNIB&F int- EXHIBIT C FLUCCS AND SOIL MAP (WN4B&P, Me File—WT— 11PI 24 Ine. File No. RZ 216D) €X141BIT E GON4NPUNIT—SERVI E MAP A n It Agenda Item No. 8C September 27, 2005 Page 22 of 69 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Ronald Benderson 1995 Trust and WR-1 Associates, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 97.0 + acres of land located in Section 3, Township 50 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be WESTPORT COMMERCE CENTER ( WESTPORT). The development of WESTPORT will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted of the Growth Management Plan FLUE and other applicable regulation for the following reasons: 1. The subject property is within the Urban- Commercial District/Activity Center Sub district and the Urban - Industrial District as identified on the Future Land Use Map as required in October 1, of the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. 2. The subject property includes an Interchange Activity Center in which the land is zoned and designated Industrial. This site is a preferred location for the concentration of commercial and industrial land uses in a mixed -use development pursuant to the FLUE. 3. The FLUE allows for expansion of industrial uses adjacent to areas currently designated industrial, provided certain conditions are met regarding access, traffic circulation, and infrastructure provisions, which this project meets or exceeds. 4. WESTPORT is compatible with and complimentary to existing and future surrounding land uses as required in Policy 5.4 and under the Urban Industrial District of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE, except as specifically set forth herein. 6. The development of WESTPORT will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.h. and 1. of the FLUE. WESTPORT is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. S. The project will be served by a complete range of services and utilities as approved by the County. SHORT TITLE This ordinance shall be known and cited as the " WESTPORT COMMERCE CENTER PUD DEVELOPMENT ORDINANCE" Agenda Item No. 8C September 27, 2005 Page 23 of 69 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of WESTPORT, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Westport, being approximately 97.0 acres, is legally described as follows: PARCEL A A portion of Tract. 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of Tract 2, Gator Gate Unit 2, as recorded in Plat Book 7, page 54 of the Public Records of said County; and a portion of the Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County Florida, all being more particularly described as follows: Commence at the East Quarter comer of said Section 3; thence S. 890 20'05 "W., 100.04 feet along the South boundary of said Northeast Quarter to the West right -of -way line of County Road No. C -951, according to State Road Department Right -of -Way Map Section 03510 -2602, and the POINT OF BEGINNING; thence continue S. 89° 20'05 "W., 1201.06 feet to the Southwest corner of the East Half of the Northeast Quarter of said Section 3; thence N.000 29'21" E., 2456.56 feet along the West boundary of said East Half of the Northeast Quarter; thence N. 89° 42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N.00° 29'21" E., 300.00 feet to the South right -of- way line of State Road No. 84 (Davis Boulevard) per State Road Department Right -of -Way Map Section 03506 -2601; thence S.89° 42'03" E., 600.00 feet along said right -of -way line; thence S. 000 29'21" W., 900.00 feet, parallel with the West boundary of the East Half of the Northeast Quarter of said Section 3; thence S. 89' 42'03" E., 1012.86 feet, parallel with the North boundary of the Northeast Quarter of said Section 3, to the West right -of -way line of said County Road No. C -951; thence S. 00° 51'53" W., 1836.42 feet along said right -of -way line to the POINT OF BEGINNING. Containing 58.04 acres, more or less. PARCEL B A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of the East half of the West Half of the Northeast Quarter of Section 3; Township 50 South, Range 26 East, Collier County, Florida, all being more particularly described as follows: Agenda Item No. 8C September 27, 2005 Page 24 of 69 Commence at the East Quarter corner of said Section 3; thence S.89° 20'05" W., 1301.10 feet along the South boundary of said Northeast Quarter to the Southeast corner of the West Half of the Northeast Quarter of said Section 3 and the POINT OF BEGINNING; thence N. 000 29'21" E., 2456.56 feet along the East boundary of said West Half of the Northeast Quarter; thence N. 89° 42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N. 00° 29'21" E., 300.00 feet to the South right -of- way line of State Road No. 84 (David Boulevard) per State Road Department Right -of -Way Map Section 03506 -2601; thence N. 890 42'03" W.,136.44 feet along said right -of -way line to the beginning of a curve concave to the South having a radius of 3224.04 feet; thence WESTERLY, 122.97 feet along said right -of -way line and curve through a central angle of 2' 11'07" (chord bears S. 89° 12'24" W., 122.96 feet) to the West boundary of the East Half of the West Half of the Northeast Quarter of said Section 3; thence S. 00° 18'13"W., 2765.15 feet along said West boundary to the South boundary of the Northeast Quarter of said Section 3; thence N. 89° 20'05" E., 650.55 feet along said South boundary to the POINT OF BEGINNING. Containing 38.77 acres, more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the legal ownership of , address is 3800 Read Nei4h, Naples, Flefida ..942 Wal -Mart Stores East LP, SE I0`h Street, Bentonville AR 73716 and Ronald Benderson 1995 Trust and WR -I Associates: 570 Delaware Avenue, NY 14202 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 3, Township 50 South, Range 26 East, and is generally bordered on the north by S.R. 84 and property zoned Industrial; on the east by C.R. 951; on the south by property zoned agricultural; and on the west by property zoned C -3 Commercial, RMF -12, Multi- Family Residential, and Agriculture. The location of the site is shown on Attachment 2 to the Application for Public Hearing. B. The zoning classification of the subject property prior to the date of PUD approval is I (Industrial), C -3 (Commercial Intermediate), RMF -12 (Residential Multi- Family) and A (Agricultural). C. Elevations within the site range from 9.6' to 11.2' above mean sea level with an average of approximately 10.5 feet. Per FEMA Firm Map Panel No. 120067 - 0415D, dated June 3, 1986, the WESIPORT property is located within zone "X ". Topographic mapping is shown on the Topographic Survey, Exhibit F. D. The soil types on the site generally include Pineda fine sand Limestone Substratum and Boca fine sand. Soil Conservation Service mapping of soil types is shown on the FLUCCS and Soils Map, Exhibit C. 1 -2 Agenda Item No. 8C September 27, 2005 Page 25 of 69 E. Vegetation on site primarily consists of pine flatwoods, willow, cypress wetlands and melaleuca dominated areas. Detailed vegetation mapping is shown on the FLUCCS and Soils Map, Exhibit C. F. The project site is located within the Lely Canal Basin as depicted within the Collier County Drainage Atlas (May 1990). The general surface drainage pattern flows in a northeast to southwest direction which eventually discharges into the Lely Canal. The Conceptual Surface Water Management Plan is shown on Exhibit D. 1 -3 SECTION 11 PROJECT DEVELOPMENT 2.1 PURPOSE Agenda Item No. 8C September 27, 2005 Page 26 of 69 The purpose of this Section is to generally describe the plan of development for WESTPORT, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES WESTPORT will include a mix of commercial, industrial, ''-. e el uses, stormwater management lakes, open spaces, and reserve areas. WESTPORT intends to establish project -wide 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, wall, buffers, berms and other similar features. The Master Plan is illustrated graphically on Exhibit "A ", PUD Master Plan (AMB&P, Imo., File Ne. p'' 216). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with .46ele 3, Di ".., 3.2, Seetie^ 3.2.7, Section 4.03.03 of the Collier County land Development Code. 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of WESTPORT shall be in accordance with the contents of this PUD Ordinance, applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) and Collier County Growth Management Plan which are in effect a the time of issuance of final development order. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of issuance of the first development order which would involve said definitions as set forth in paragraph 2.3.A. C. Development permitted by the approval of this petition will be subject to a concurrency review under the Adequate Public Facilities Ordinance, Aoiele T Division 3.15 Section 10.02.07 of the Collier County Land Development Code. 2 -1 Agenda Item No. 8C September 27, 2005 Page 27 of 69 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable land development codes remain in effect 'with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the WESTPORT PUD Master Plan (Master Plan) are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the Collier County Land Development Code 6- kAiele 3-, DivisieR .4.2 Section 4.03.03) shall apply to WESTPORT, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3:x.41.04.03. G. The Site Development Plans Division of the Collier County Land Development Code (,hr4iele -3; Division 3.3 Section 10.02.03) shall apply to WESTPORT, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 33-4. 10.02.03. 2.4 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit A. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate topography, vegetation, and other site conditions, subject to the provisions of Artiele 2, Division 2.7, Section 2.7.;.5 10.02.13 of the Collier County Land Development Code. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The determination as to whether a road shall be public or private shall be made by the developer at the time of final subdivision plat approval. Developer shall create appropriate property owners associations(s) which will be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of County Code regulating subdivisions, unless otherwise approved during subdivision approval. Developer reserves the right to request substitutions to Code design standards in accordance with Section 33-7 10.02.04 of the Land Development Code. 2.5 PROJECT DENSITY The total acreage of the WESTPORT is approximately 97 acres. The commercial retail uses occupy approximately 2-5-4. 39.3 acres with a maximum gross leasable floor area of X00 350.000 square feet. 2 -2 Agenda Item No. 8C September 27; 2005 Page 28 of 69 The industrial uses occupy approximately 344 8.0 acres with a maximum gross leasable floor area of 450,000 105,000 square feet. These described land uses are set forth on the PUD Master Plan, Exhibit A. 2.5 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of this documents 2.7 EASEMENT FOR 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 approvals are requested. 2.8 LAKE SITING As depicted on the PUD Master Plan, lakes have been preliminarily sited. The goal of the Master Plan is to achieve an overall aesthetic character for the Project, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the project; however, excess fill material may be utilized off -site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and £ee4ien -3:5.7 Article IV Section 22 -112 of the Collier County Code of Laws and Ordinances. A. Setbacks: Excavations shall be located so that the top -of -bank of the excavation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval; Twenty feet (20') from back of curb of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. 2. Fifty feet (50') from all PUD perimeter property lines. 2.9 OFF - STREET PARKING AND LOADING All off - street parking and loading facilities shall be designed in accordance with Divisien 24 Section 4.05.01 of the Collier County Land Development Code. 2 -3 Agenda Item No. 8C September 27, 2005 Page 29 of 69 2.10 BUFFERS Minimum standards for buffers shall be in accordance with Nyisieft 26-4 Section 4.06.01 of the :Collier County Land Development Code in effect as the time final local development orders are requested, unless otherwise specified in this Section 2.10. All buffer setbacks shall be measured from platted lot boundaries. The following identifies the buffer according to land use type: A. External — 4- Buffer along SR84 (Davis Boulevard) and CR951 (Isle of Capri Road) is twenty feet (20'). Buffer adjacent to agricultural zoning is ten feet (10'). Buffer adjacent to RMF -12 zoning is fifteen feet (15'). 4. Buffer adjacent to industrial zoning is fifteen feet (15'). B. Internal Buffers on: C. The 15' wide landscape buffer adjacent to the internal right -of -way along the western property line shall contain a 6' high opaque fence or wall in addition to the required vegetation indicated in Section 2-4,�A 4.06.02 of the Collier County Land Development Code. 2 -4 10' 1. Commercial Parcels: a. b. 10' adjeeent 4&4etel-pafeel 10' adjacent to industrial parcel C. 10' adjacent to internal right -of -way d. 10' adjacent to internal Zone A parcels 2. Industrial Parcels: a. b. 15' aE�aeeen; 4e hetel par-eel 10' adjacent to commercial parcels C. I0'adjacent to internal right -of -way d. 10' adjacent to internal Zone C parcels C. The 15' wide landscape buffer adjacent to the internal right -of -way along the western property line shall contain a 6' high opaque fence or wall in addition to the required vegetation indicated in Section 2-4,�A 4.06.02 of the Collier County Land Development Code. 2 -4 Agenda Item No. 8C September 27, 2005 Page 30 of 69 2.11 SIGNS Minimum standards for signs shall be in accordance with Divisien 2.5 Section 5.06.01 of the Collier County Land Development code in effect at the time final local development orders are requested, unless otherwise specified in the Section 2.11. The following signs are permitted, per issuance of a building permit and subject to the below: Pole or Ground Signs - Single occupancy parcels, shopping centers, office complexes, or industrial parks having frontage of one hundred fifty feet (150') or more on a public street, shall be permitted on (1) pole, or two (2) ground signs. In addition, multiple occupancy parcels such as shopping centers, office complexes, or industrial parks containing twenty five thousand (25,000) square feet of more of grow leasable floor area will be permitted one (1) directory sign with a maximum size of two hundred fifty (250) square feet for a single entrance on each public street. 1. Maximum allowable sigh area — one hundred (100) square feet for each pole or ground signs, or a maximum combined area of one hundred twenty (120) square feet for two (2) ground signs, except for approved directory signs. 2. Setbacks — fifteen feet (l 5) from any property line, public or private right of way, or easement, with the exception of directory signs which may be located within the medians of private streets or easements, provided their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. 3. Maximum allowable height — twenty five feet (25). Height shall be measured from the lowest center line grade of the nearest public or private right of way or easement to the uppermost portion of the sign structure. 4. The maximum size limitation shall apply to each sigh structure. Pole or ground signs maybe place back to back, side by side, or in V -type construction with not more than on (1) display on each facing, and such sign structure shall be considered as on (1) sign. 5. Spot or floodlights shall be permitted only where such spot or floodlight is nonrevolving and said light shines only on the owner's premises or signs and away from any right of way. 2.12 USE OF RIGHTS -OF -WAY Utilization of lands within all project right- of-way for landscaping decorative entrance ways and signage may be allowed subject to review and administrative approval by the Developer, and the Collier County Development Services Director for engineering and safety considerations, during the development review process and prior to any installations. 2 -5 Agenda Item No. 8C September 27, 2005 Page 31 of 69 2.13 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Ar4iele -2, Division 2.7, Seet-ion 2.7.3.5.4 Section l 0.02.13 of the Collier County Land Development Code. 2.14 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provision as provided for within At4iele -2 Pi 2 ' Seetien 2.7.3.4 Section 10.02.13 of the Collier County Land Development Code. 2.15 PUD MONITORING An annual monitoring report shall be submitted pursuant to ArAiele 2, Di ' 2.', Se^`ien -2. f-TO Section 10.02.13 of the Collier County Land Development Code. If hazardous products or wastes are generated, used or stored on the site, a containment plan for hazardous material handling and emergency response shall be required. An annual monitoring report shall be required on the types, quantities and disposition of the hazardous material. 2.16 SITE DEVELOPMENT PLAN APPROVAL The provisions of AAiele 3, D Division 3 3 0.02.0 Section ] 3 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. 2.17 IMPACT FEES Development within the Project shall be subject to all lawfully adopted impact fees. Impact fee credits shall be granted to the Developer in accordance with Seetien 3.96 -ef the Dead Impact Fee Ordinance P2-22 01 -13, as amended. 2.18 DEDICATION AND MAINTENANCE OF FACILITIES The developer shall create appropriate property owner association(s) which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2.19 OPEN SPACE REQUIREMENTS Pursuant to A4#iele 2, Division 2.6. -See4ien 2.6.32 Section 4.02.01 of the Collier County Land Development Code, at least thirty percent (30 %) of the project shall be devoted to 2 -6 Agenda Item No. 8C September 27, 2005 Page 32 of 69 usable open space. The total project is 97.0 acres requiring a minimum 29.1 acres to be retained as open space. The open space calculation indicated on the PUD Master Plan identifies 29.1 acres included in the Reserve, lakes and miscellaneous buffers and open space areas, which meets the requirement. 2.20 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Aftiele 3, viYisien 3.9, Seetien 3.9.5. Section 3.05.07 of the Collier County Land Development Code, 25$'o of the viable naturally functioning native vegetation on site shall be retained. Approximately 12.0 acres of the wetland reserve and 32.0 acres of the pin upland are impacted greater than fifty percent with melaleuca. Fifty percent of the combined 44.0 acres deducted from the total project area of 97.0 acres leaves 75.0 acres of viable natural functioning native vegetation within the PUD boundary. Therefore 18.8 acres (25% of the 75.0 acres) are required to be retained and are fully satisfied within the Reserve and miscellaneous buffers and open space indicated on the PUD Master Plan and not further preservation shall be required. 2 -7 Agenda Item No. 8C September 27, 2005 Page 33 of 69 SECTION III ZONE A — COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within WESTPORT designated as Zone A on Exhibit "A ", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Zone A (approximately 234 39.3 acres) on the PUD Master Plan are intended to provide a maximum of 75 350,000 gross leasable square feet of various retail, service, and office commercial uses to serve residents in the surrounding areas as well as provide highway oriented facilities. The 24:-A 30.9 + acre and 4.0 + acre commercial parcels located adjacent to C.R. 951 is are within an Interchange Activiity Center designation in the Growth Management Plan (GMP). The permitted uses and structures for t#is these parcels are as indicated in the following Section 3.3. The 4-5 4_4 + acre commercial parcel located adjacent to S.R. 84 is also within the Interchange Activity Center. The permitted uses and structures for this parcel are as indicated in Section 3.4. 3.3 PERMITTED USES AND STRUCTURES — -2" 30.9 + ACRES AND 4.0 + ACRES ON C.R. 951 Nor building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures 1. Amusement and Recreation Services (Groups 7911 — 7941, 7991, 7993). 2. Apparel and Accessory Stores (Groups 5631 — 5699). 3. Automotive Dealers and Gasoline Service Stations (Groups 5511 — 5599). 4. Automotive Repair, Services, and Parking (Groups 7514, 7515, 7542). 5. Building Materials, Hardware and Garden Supplies (Groups 5211 — 5261). 6. Business Services (Groups 7311, 7313, 7319, 7322 -7323, 7331 -7338, 7361, 7363, 7371- 7389). 7. Depository Institutions (Groups 6011- 6099). 8. Eating and Drinking Places (Groups 5812 - 5813). 3 -1 Agenda Item No. 8C September 27, 2005 Page 34 of 69 9. Engineering, Accounting, Research, Management, and Related Services (Groups 871 1 -8713, 8721, 8741 -8743, 8749 -8). 10. Food Stores (Groups 5411- 5499). 11. General Merchandise Stores (Groups 5311- 5399). 12. Health Services (Groups 8011 -8049, 8082, 8093, 8099). 13. Holding and Other Investment Offices (Groups 6712 - 6799). 14. Home Furniture, Furnishings, and Equipment Stores (Groups 5712 - 5736). 15. Insurance Agents, Brokers, and Services (Group 6411). 16. Insurance Carriers (Groups 6311- 6399). 17. Legal Services (Group 8111). 18, Membership Organizations (Groups 8611 -6561, 8699). 19. Miscellaneous Repair Services (Group 7631). 20. Miscellaneous Retail (Groups 5912 -5962, 5992 - 5999). 21. Motion Pictures (Groups 7833, 7841). 22. Nondepoitory Credit Institutions (Groups 6111-6163). 23. Personal Services (Groups 7211, 7212, 7215, 7219, 7221 -7251, 7291, 7299). 24. Real Estate (Groups 6512, 6519- 6553). 25. Recreation (Groups 7911 -7933, 7941, 7993, 7997). 26. Security and Commodity Brokers, Dealers, Exchanges and Services (Groups 6211- 6289). 27. Social Services (Groups 8322 -8351, 8399). 28. Any other commercial use or professional service which is comparable in nature with the foregoing, uses and which the Dir -eel Board of Zoning Appeals determines to be compatible in this distract. B. Permitted Accessory Uses and Structures 3-2 Agenda Item No. 8C September 27, 2005 Page 35 of 69 l . Uses and structures that are accessory and incidental to uses pennitted in this district. 3.4 PERMITTED USES AND STRUCTURES — 44 4_4 + ACRES ON S.R. 84 No building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Apparel and Accessory Stores (Groups 5611-5699). 3. Auto and Home Supply Stores (Group 5531). 4. Automobile Parking (Group 7521). 5. Business Services (Groups 7311, 7313, 7322 -7338, 7361 -7379, 7384, 7389, except auctioneering service, field warehousing, bottle labeling, packing and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 6. Child Day Care Services (Group 8351). 7. Drug Stores and Proprietary Stores (Group 5912). 8. Eating Places (Groups 5812 only). All establishments engaged in the retail sales of alcoholic beverages for on- premise consumption are subject to locational requirements of See. .6-}0 Section 5.05.01. 9. Electrical Repair Shops (Group 7622 radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). 10. Engineering, Architectural, and Surveying Services (Groups 8711- 8713). 11. Food Stores (Groups 5411 -5499) 12. Gasoline Service Stations (Group 5541 subject to Section 2.6.28 5.05.05. 13. Group Care Facilities (Category 1 and II); Care Units except for homeless shelters; and Nursing Homes, subject to See. 2 .626 Section 5.05.04. 14. Hardware Stores (Group 5251). 3 -3 Agenda Item No. 8C September 27, 2005 Page 36 of 69 15. Health Services (Groups 8011 -8049, 8082). 16. Home Furniture, Furnishing, and Equipment Stores (Groups 5712 - 5736). 17. Individual and Family Social Services (Group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 18. Insurance Carriers, Agents and Brokers Groups 6311 -6399, 6411). 19. Legal Services (Group 8111). 20. Libraries (Group 8231). 21. Management and Public Relations Services (Groups 8741-8743,8748). 22. Membership Organizations (Groups 8611- 8699). 23. Miscellaneous Personal Services (Group 7291). 24. Miscellaneous Repair Services (Groups 7629 - 7631). 25. Miscellaneous Retail (Groups 5912 -5963, except pawnshops and all uses dealing with secondhand merchandise, 5922 - 5999). 26. Museums and Art Galleries (Group 8412). 27. Non - depository Credit Institutions (Groups 6111- 6163). 28. Paint, Glass and Wallpaper Stores (Group 5231). 29. Personal Services (Groups 7211, 7212, 7215, 7216 non - industrial dry cleaning only, 7221 -7251, 7291). 30. Public Administration (Groups 9311-9199, 9229, 9311, 9411 -9451, 9511- 9532, 9611- 9661). 31. Real Estate (Groups 6531- 6541). 32. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261). 33. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211- 6289). 34. United States Postal Service (Group 4311, except major distribution center). 3 -4 Agenda Item No, 8C September 27, 2005 Page 37 of 69 35. Veterinary Services (Groups 0742, 0752, excluding outside kenneling). 36. Video Tape Rental B. Permitted Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 3.5 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred feet (100'). C. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25'). 2. All other yards: Fifteen feet (15'). 3. No structure will encroach into the required upland buffer surrounding the Reserve. D. Maximum Height: Thirty -five feet (35'), except for non - functional architectural elements (such as bell towers), which shall have a maximum height of fifty feet (50'). E. Minimum Floor Area of Principal Structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. F. Distance between principal structures: none, or a minimum of five feet (5') with unobstructe4d passage from front to rear yard. G. Minimum standards for signs, parking, lighting, and landscaping shall be in accordance with Collier County Land Development Code in effect as the time final local development orders are requested unless otherwise specified herein under Section 2.9, 2.10 and 2.11. 3 -5 SECTION IV 4.1 Reserved. Agenda Item No. 8C September 27, 2005 Page 38 of fig 2. Shops, .. driW in. e'p pe}s� vz 41 sc TiC�establishments, Lti♦inn of tablTsll TGiT♦lT deneitig and staged entei4aifimefi! > > tennis f6eiiiiies, f and fBeeting reeffis and 7 J lunUa[ V J, i viii] -lT�l Reefemienal ` b s > > tennis f6eiiiiies, , 4 -I Agenda Item No. 8C September 27. 2005 Page 39 of 69 QMPAUM 4 -2 Agenda Item No. 8C September 27, 2005 Page 40 of 69 SECTION V ZONE C — LIGHT INDUSTRIAL DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within WESTPORT designated as Zone C on Exhibit "A ", PUD Master Plan. 5.2 GENERAL DESCRIPTION Areas designated as Zone C on the PUD Master Plan are intended to provide a maximum of 469, 09 105.000 square feet of gross floor area of light industrial uses on M48.0 acres. The floor area ratio (FAR) for the designated industrial land uses is approximately .43, which is below the maximum allowed FAR of .45 required pursuant to the Activity Center sub - district requirements of the FLUE. The permitted uses and structures and development standards for the industrial land uses are similar to the standards required in and Industrial PUD, as set forth in Section 5.3. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. The permitted principal uses and structures will generally consist of corporate offices and headquarters, light manufacturing, processing and packaging, laboratories and clinics, and research, design and product development. I . Agricultural Services (Group 0782, 0783). 2. Apparel and Other Finished Products (Groups 2311- 2399). 3. Automobile Rental, Leasing, and Parking (Groups 7513 - 7521). 4. Building Construction (Groups 1521- 1542). 5. Business Services (Groups 7312, 7313, 7319, 7334 -7336, 7342 -7389, including auction rooms (5999), subject to parking and landscaping for retail use). 6. Communications (Groups 4812 -4899) subject to oiele 2 Division 2 Seetien 2.6.9545. Section 5.05,09 of the Collier County Land Development Code, not to include free standing towers. 7. Construction- Special Trade Contractors (Groups 1711- 1799). 8. Eating Places (5812). 5 -1 Agenda Item No. 8C September 27, 2005 Page 41 of 69 9. Educational Services (8243- 8249). 10. Electronic and Other Electrical Equipment (Groups 3612- 3699). 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711- 8748). 12. Fabricated Metal Products (Groups 3411 -3479, 3491- 3499). 11 Food and Kindred products (Groups -2011 2099, ex -epi slaughIe in plants). 14. Furniture and Fixtures (Groups 2511- 2599). 15. Health Services (8011 accessory to industrial activities conducted on -site only). 16. Industrial and Commercial Machinery and Computer Equipment (3511- 3599). 17. Justice, Public Order, and Safety (Groups 9221, 9224, 9229). 18. Local and Suburban Transit (Groups 4111-4173). 19. Lumber and Wood Products (Groups 2426, 2431- 2499). 20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (Groups 3812- .873). 21. Membership Organizations (Group 8611). 22. Miscellaneous Manufacturing Industries (Groups 39114 -3995, 3999). 23. Motion Picture Production and Distribution (Groups 7812 - 7829). 24. Motor Freight Transportation and Warehousing (Groups 4212, 4213, 4215 -4226 except oil and gas storage, and petroleum and chemical bulk stations). 25. Personal Services (Groups 7211-7219). 26. Printing; Publishing and Allied Industries (Groups 2711- 2796). 27. Recreation (Group 7991). 28. Social Services (Groups 8331, 8351). 5 -2 Agenda Item No. 8C September 27, 2005 Page 42 of 69 29. Transportation Equipment (Groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 30. Transportation Services (Groups 4731, 4783). 31. United States Postal Service (4311). 32. Miscellaneous Repairs (7622 - 7699). 33. Wholesale Trade - Durable Goods (Groups 5012 -5014, 5021 -5049, 5063 - 5092, 5094- 5099). 34. Wholesale Trade - Nondurable Goods (Groups 5111 -5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district, 5192 - 5199). 35. Any other light industrial use of service which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in this district. B. Permitted Accessory Uses and Structures I . Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail sales and /or display areas as accessory to the principal use, not to exceed an area greater than twenty percent (20 %) of the gross floor area of the permitted principal uses. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: One (1) acre. B. Minimum Lot Width: One hundred twenty -five (25'). C. Minimum Yard Requirements: I. Front Yard: Twenty -five feet (25). 2. All Other Yards: Twenty feet (20'). 3. No structure will encroach into the required upland buffer surrounding the Reserve. 4. Minimum Building Setback from Peiimeter Boundary of PUD: A. Fifty feet (50') for buildings up to thirty -five feet (35') in height. 5 -3 Agenda Item No. 8C September 27, 2005 Page 43 of 69 B. Three feet (3') for every one foot of building height over thirty - five (35') adjoining residential districts. D. Maximum Height: Fifty feet (50'). E. Minimum standards for signs, parking, lighting and landscaping shall be in accordance with Collier County Land Development Code in effect at the time final local development orders are requested, unless otherwise specified herein under Sections 2.9, 2.10 and 2.11. F. No outside storage or display shall be permitted, all manufacturing, etc., shall be conducted in a fully enclosed building. G. Fencing along property lines of platted lots and PUD boundaries shall be designed to be decorative and shall be constructed of materials such as but not limited to wood, concrete, masonry, vinyl, etc. 5 -4 SECTION VI RESERVE 6.1 PURPOSE Agenda Item No. 8C September 27, 2005 Page 44 of 69 The purpose of this Section is to set forth regulations for areas within WESTPORT designated as Reserve on Exhibit "A ", PUD Master Plan. 6.2 GENERAL DESRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate conservation and limited water management uses and functions. The primary purpose of the Reserve is to retain approved Collier County wetland systems. The boundary of the Reserve was established using the Collier County wetland jurisdiction delineation as depicted on Exhibit B, Aerial Photograph. 6.3 PERMITTED USES AND STRUCTURES No building or structure, part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures I . Open space /nature preserves. 2. Passive recreational areas and boardwalks. Biking, hiking, nature trails, excluding asphalt paved surfaces. Water management facilities and structures. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the DeN,elepmew Board of Zoning Appeals determines to be compatible in the Reserve District. 6.4 RESERVE CONSERVATION EASEMENT A non- exclusive conservation easement or tract is required by Collier County Land Development Code Seeiien 3.2.9. 4.7.3 Section 3.05.07 for preservation lands included in the Reserve. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terns set forth in the applicable permit granted by said agencies. 6 -1 Agenda Item No. 8C September 27, 2005 Page 45 of 69 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 ENVIRONMENTAL A. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the Conservation/Preservation areas, shall be submitted to Project Plan Review Environmental Staff for review and approval prior to final site plan/construction plan approval. 7.2 UTILITES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designated, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88 -76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The utilities for the project's water distribution and wastewater collection systems shall be designed and constructed to connect the project to the District's facilities in accordance with County criteria and the County's Master Plan. D. In order to assure utilities serve to this project, the existing off -site water distribution and sewage transmission facilities of the District must be evaluated for hydraulic capacity and improved as required, consistent with the County's Master Plan. 7.3 WATER MANAGEMENT A. A copy of South Florida Water Management District Permit or Early Work Permit with staff report is required prior to final site development plan approval. B. Detailed water management plans and calculations, signed and sealed by a Florida Professional Engineer shall be provided. C. An Excavation Pemiit will be required for the proposed lakes in accordance with Di "s'^^ 3.5 of Gellief Ga :binty QFdinanee Ne. 92 '73 Article IV, Section 22 -106 of the Code of Laws and Ordinances of Collier County Florida and South Florida Water Management District rules. 7 -1 Agenda Item No. 8C September 27, 2005 Page 46 of 69 D. Prior to site development plan approval, a Big Cypress Basin (SFWMD) right -of- way permit allowing the crossing of drainage basin boundaries and allowing discharge into Henderson Creek shall be submitted. E. Authorization from South Florida Water Management District to direct stormwater runoff into the property to the south shall be provided prior to construction plan approval. F. A cross - section of perimeter berm shall be provided prior to preliminary subdivision plat approval. G. Prior to construction plan approval, it shall be demonstrated that Henderson Creek has the capacity to handle the discharge from Westport Commerce Center. 7.4 TRANSPORTATION A. The developer will pay an appropriate fee required by the County's Ind Impact Fee Ordinance 92 22 01-13 as amended, as building permits are issued for the proposed project. B. The developer will make a fair share contribution toward the capital cost of a - traffic signal(s) when deemed warranted by the County. The signal(s) will be owned, operated and maintained by Collier County. C. The developer will provide appropriate turn lanes and street lighting at all project entrances. D. The location of accesses will be consistent with the Collier County Access Management Policy (Resolution 92 442 01 -247). 7 -2 211.41[I`= o o O (V #� E -asp N N S1 .aa ,4uoo SoaOcuwo' 2.404- Is-SAA h y 113:d As N a 0 e. t i•, ;. . ri as J so Q r . Teo T r 1 . t s. t s j i 8 1 di !z t t€ O — • is o a P11^10n4wo of-so we im s •a s � 1 � V � t ii v° a" a f ! s is u f%> s Q N ; s � von Y•Y YYY s C •a [ OC • � �1i g � Q r � 3r . . a k . 1 . t s. t s j i 8 1 di !z t t€ O — • is o a P11^10n4wo of-so we im s •a s � 1 � V � t ii v° a" a f ! s rn Coco 00 =`w �a)� Ea N n. Q cn )(DOWWva JV(333 a cnd lul C HIM go �i 21:0,4 o°, z I jJ xl ltt I 1, O PO F U " y a .. OI z O E, I Na a�a,�ne a In P� o LU Li rj�l l•1 °D N O ] i Z`x �� coq a Z �I HI 8 W n cn D w LU O C LL 0< v� w r � O AN CL H N a ? a93 aad.ane a SdA.L no - ____________________O's 'oN as) aavnBsnoa srnva — Hill oz v — ce N N N Agenda Item No. 8C September 27, 2005 Page 49 of 69 APPLICATION FOR PUBLIC HEARING FOR: ❑PUD REZONE (PUDZ) ®PUD TO PUD REZONE (PUDZ -A) Petition No.: Date Received: 1. General Information: Planner Assigned: Commission District: ABOVE TO BE COMPLETED BY STAFF Name of Applicant(s) Benderson Development Company Applicant's Mailing Address 8441 Cooper Creek Blvd. City University Park State FL Zip 34201 Applicant's Telephone # 941 - 359 -8303 Fax # 941- 359 -1836 Applicant's E -Mail Address: davepustafson(@benderson.com Name of Agent Fred Reischl, AICP Firm Agnoli, Barber &Brundage, Inc. Agent's Mailing Address 7400 Tamiami Train North Suite 200 City Naples State FL Zip 34108 Agent's Telephone # 597 -3111 Fax #566-2203 Agent's E -Mail Address: reischlnabbinc.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 Aoolication For Public Hearing For PUD Rezone BMW Agenda Item No. 8C September 27, 2005 Page 50 of 69 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE (PUDZ) ®PUD TO PUD REZONE (PUDZ-A} ❑ Page t Name of Agent H R. Bruce Anderson, Esquire Firm Roetzel & Andress Agent's Mailing Address 850 Park Shore Drive Suite 300 City Naples State FL Zip 34103 Agent's Telephone # 239 -649 -2708 Fax # 239- 261 -3659 Aoolication For Public Rearing For PUD Rezone 8x9/03 Agenda Item No. SC September 27, 2005 Page 59 of 69 *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: N/A Mailing Address City State Zip Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Master Association: Mailing Address City City City State Zip . Name of Civic Association: Mailing Address City State Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). N/A Name and Address Percentage of Ownership Aauileadon For Public Hanna For PUD Rezone 884/03 Agenda Item No. 8C September 27, 2005 Page 52 of 69 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. N/A Name and Address, and Office -Percentage of Stock C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Randall Benderson & David Baldauf Trustees under Trust Agreements Dated — December 29, 1995 Known as the Ronald Benderson 1995 Trust 85% 8441 Cooper Creek Blvd. University Park, Florida 34201 d. If the property is in the name of a GENERAL or LI N=D PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership WR -I Associates; LTD 15% 8441 Cooper Creek Blvd. University Park. Florida 34201 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation; Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. N/A Name and Address Percentage of Ownership Date of Contract: Application For Public Searing For PUD Rezone 8/29103" Agenda Item No. 8C September 27, 2005 Page 53 of 69 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. N/A Name and Address g. Date subject property acquired (11 /2001) leased (): Term of lease _yrs. /mos. Please see attached deeds.. If, Petitioner has option to buy, indicate date of option: N/A and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal 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: 3 Township: 50 Range: 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: See Attached 4. Size of property: ft. X ft. =Total Sq. Ft. Acres 97 +/- 5. Address /general location of subject property: Dual frontage on Collier Blvd and Davis Blvd 6. PUD District (LDC 2.2.20.4): ❑ Residential ❑ Community Facilities ® Commercial ® Industrial Application For Public Hearing For PUD Rezone 8/29/03 7. Adiacent zoning and land use: N PUD S PUD Land use Vacant Residential Agenda Item No. 8C September 27, 2005 Page 54 of 69 E N/A Collier Blvd. W PUD A & RMF1200) Residential/Golf Course and Vacant Does the owner of the subject property own property contiguous to the subject property? If so, give complete Tegal 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 Request: This application is requesting a rezone from the zoning district(s) to the zoning district(s). N /A: Application is for a PUD Amendment. Present Use of the Property: Wal -Mart and related roadways are under constriction in accordance with the approved SDP and plat. Proposed Use (or range of uses) of the property: Commercial and Industrial Original PUD Name: Westport Commerce Center Ordinance No.: 94.56 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. Aonlicatim For Public Hearing For PUD Rezone BMW Agenda item No. 8C September 27, 2005 Page 55 of 69 PUD Rezone Considerations (LDCSection Z7-3.2-5) 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. 2. Adequacy of evidence of unified control and suitability of arty 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. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility ofproposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. S. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such. regulations. 9. Deed Restrictions: -The County is legally precluded from enforcing. deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Aooiicition For PnbGc Hearin For PUD Rezone &29N,i, Agenda Item No. 8C September 27, 2005 Page 56 of 69 T1. 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; b . If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HiJI 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 81/2" x 11" copy of site plan], drawn to a maximum scale of l inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and, various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; •, all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include 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 maybe required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet; shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms ' Classification System.' Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and. a calculation and location(s) of the required portion of native vegetation to be preserved (per:LDC Section 3.9.5.5.4.). Asnlication For Public Heartne For PER Rezone 8rn9/03 Agenda Item No. 8C Sep_ tember 27, 2005 Page 57 of 69 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); L 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 2.7.23.2 (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 bearing advertising sign {s) immediately. Land Use Petition Continuance Fees: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees Annlecadon For Public Hearing For PUD Rezone 829103 Agenda Item No. 8C. September 27, 2005 Page 58 of 69 PUD REZONE APPLICATION SUBMITTAL CHECKLIST rr%wauT t rrVn r= rWT.TCT TC Tn RT. CUTRMiTTM WrM APPT.TEATToN PAC'' MM 1111✓ REQUIREMENTS # of NOT .. COPIE REQUIRED .REQUIRED S L Completed Application/PUD 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 X attachments and sketches 9. Traffic Impact Statement - (TIS) 7 X 10. Historical & Archaeological Survey or Waiver Application 4 X 11. Copies of State and/or Federal Permits 4 X 12., Architectural Rendering of Proposed Structure(s) 4 X 13: Application Fee — "PUD Rezone" = $10,000 + $25 per acre X ❑Comprehensive Planning Consistency Review = $2,250. ❑ Application Fee — "PUD 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 copy of all plans and documents on a disk as 1 X art of the submittal packet 15. Affordable Housing Density Bonus Agreement including all 4 X Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 X 17. OTHER REQUIREMENTS: * Documents required for Long -xange running Kevlew - i aaamonai copy u iur auurun -tv uvubu * As the authorized agent/applicant for this petition, I attest that all. of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent/Applicant Signature Application For Public Hearing For PUD Aemike 829/03 Date 02/14/2004.. 21 :39 6595724 ApDRESSIM Ageri' erffl•PJo.8C Septemb 27, 2005 FFab S3 O4 08 2 i a Stephen SFOSaao 289- 254 -2829 FAA � 59 of 59 APDRSSSING C77ECJUJST Plcxrc . c o npiew the fnllnwing and icubmit to the A&htw4ing Section for Review. NM nil kgft willlM Div 10 every oroicct. hc:ma alrad. 1:.t deaer*d*s,al'subjw Property or P pcx'ties (copy ojrkVhy dexrtplfun may be all uc�ec� . .�... See aaacheddascrintio 1 s. 1 b t �•t.:. So — Z 2 Fobs (Property 10) iaomber(s) of above (attach ra or aawias wi4k leg ul dexcri/i imYmore A u am) W399WO103 erne 00399600205 3. .Stme aeldeq�ec or aeidn- -ucs (m a/splkc*We„ fnlre dy a%%*nft0 4: Loattiaa map, showing exact locapoa of projewsile in relmion 10. ncamst Public;;; ri&hi -or-w; (artw*) S. Copy of survey (NEEDED ONLY FM UNPLA I PROPERIMM 6. Proposed projxt mane (lurn1&Yj*) 7. PnVosoe Strvct n mcs (i/•aWrmWc) ..:. — it. site thnv kVnient Plan Numixr (1•X)R r:xlrrrNG PRAJFKj,.% . n7..S ONI.y) SDP 9.. Petition Type • (Complete a wpmm Addressing Chsckiist fur eaelt Petition 7)+pc) SDP (Site De:vckpnent Plan) PPL (Plans & Plat Rcview) - SDPA (STV Amcxnd nod) M. (Prolirrninary Subdivision Plat) SON (SO Insubmantial (:hunge) FP (lirwl Plot) SIP (Si(e [tnprcivemeot Plan). '[3 L LA (Lot Line 'Adjuytmcnt) . SIPA (SIRArrncndmant) 131. (I3ktvting Pcxmit) SNR (Swan! Nasrcc ChwsSa) ROW (RiSM -of Wxy. Pwmit) [-j Vcgctatio &x0tic (VCg. Removal Pcrosits) FXP (Pxcavation Peremt) ❑. land the: Petkion(Vsr•rancr, Condiliuu;tl U..c, 0 VRSIp (VLT- Removal dt Sitc Fill Pc -milt) Boat Dock L*t.. Remne, PM rczmc. etc.) Odxrr- pcscribs~ _ -- Pr)nAmendnwnt ]0 Plvject or de+elopmeat nrmses proposed for, or already appearing iA.*"xkw"wn documemtc (if applicable; indicate whe:thear pRRne),;cd or existing) I :xiatin uthe�Yland itr �. 11. Pleow Check One: Clwakliw is lobe Faxed Sack . [� Personafly Picked ITp -- 12. Appliicaat Name Jame I3 1:'chhl'nl,... _ _. Phone ,597 -3111 F� SG! 13. 5ignmbarc em / ftessing C-hoc3c6st don not constitute Prgw =Wor .%Tea Name approval and is s qwA to (am" review by the Addmvdm Section. FOR WrAJIrM' USE O14LY Primary Number -ASS 1 Addrm -s Number 15S n!li►► Addrou Number -4. S% i^ttZ, Addfcss Number Approved by Yh ., , .d /i'lci�n Afyi RtVind 3-21 -01 PUDZ -A 2004-AR 6092 PROJECT #19990060 DATE: 6/21104 ROBIN MEYER JUN. 8. 2004 1:45PM AFFIDAVIT WK N0. 907 genda Item No. 8C September 27, 2005 Page 60 of 69 LTD being f rst 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 apphcatio, are honest and true to the best of our knowledge and belief_ Well understand that the information requestedon 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 hearing will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Benderson DV&gmaaLCamaamm and li Barber, and Brunda --0e. Inc. to act as ourlmy representative in any matters regarding this Petition. RON BEND N 1995 TRUST WR. By: Dn I, id W—AAAM69 Trustee Ara Typed or Printed Name of Owner CW INC. Geneh2l Partner Typed or Printed Name of Oxmer ?7ze °� i�ng a wasaacknowledge this _day of 2004 by s7 who is rsonally kno to me or has produced as identification. °►� �0' x' 91 MW w State of .Florida County of Collier :. PUDZ -A- 2004 -AR -6092 PROJECT #19990060 DATE: 6/21/04 ROBIN MEYER (Print. Type, or Stamp Commissioned Mame of f Notary Public) Post -It'^ brand fax transmittal memo 76711 # of pow ► o K 5-44- z Agenda Item No. 8C September 27, 2005 Page 61 of 69 Amendment to Westport Commerce Center PUD Transportation Statement May 24, 2004 ABB PN 8297 -1 Changes proposed to the Westport Commerce Center PUD will result in a net decrease in traffic impact. The following table summarizes the entitlements provided for in the currently approved PUD versus those proposed. Westport Commerce Center has already been plated and related infrastructure improvements are currently under construction. An SDP for a Wal -Mart has also been approved and substantially under construction. Estimated Transportation Impact Fees have previously been paid and Certificates of Public Facility Adequacy have been issued for the development intensity authorized by this PUD. The proposed amendment proposes to accomplish the following: • remove the accommodations land use designation replace it with commercial; • decrease the amount of square footage allocated to industrial land uses; • increase the amount of square footage allocated to commercial land uses; and. • increase the amount of area shown as preserve. As part of this amendment, no changes are proposed for access to Davis Boulevard and Collier Boulevard. Internal points of access have been conceptually shown to better represent those proposed in the current submitted and approved Site Development Plan submittals. Proposed Land Use Allocation Based on Trip Generation Land Use *rrE Existing Proposed Net * *Net Traffic CODE PUD PUD Increase/(Decrease) Impact Intensity Intensity Increase/(Decrease) Commercial/Retail Shopping 255,000 350,000 95,000 sq. ft. 4077 Trips Center sq. ft. sq. ft. 820 Industrial Business 450,000 105,000 (345,000) sq. ft. (4402) Trips Park 770 sq, ft. sq. ft. Accommodations Hotel 150 0 Rooms (150) Rooms (1,110) Trips 310 1 Rooms Total Net Trips. (1435 ) Trips *Shopping Center based on trips per 1,000 square feet gross floor area. *Business Park based on trips per 1,000 square feet gross floor area. *Hotel based on trips per room rate at 83% occupancy. "Net traffic impact is based on average day taken from TTE Manual. PUDZ -A- 2004 -AR -6092 PROJECT #19990060 DATE: 6/21/04 ROBIN MEYER Agenda Item No. 8C September 27, 2005 Page 62 of 69 valera c From: Anderson, Bruce [BAnderson @ralaw.com] Sent: Tuesday, August 02, 2005 11:49 AM To: valera_c Cc: 'Fred Reischl'; Dave Gustafson Subject: FW: Westport PUD Amendment: Lineal Descendants of Nathan Benderson Carolina: Please find attached for purposes of financial disclosure, the information that CCPC requested we provide prior to BCC hearing on above. If you have any questions, please give me a call. Thank you, Bruce - - - -- Original Message---- - From: Schoch, Karen Sent: Thursday, July 28, 2005 4:46 PM To: Anderson, Bruce Subject: Lineal Descendants of Nathan Benderson <<xy0s0l_. DOC>> 1 Agenda Item No. 8C September 27, 2005 Page 63 of 69 Lineal Descendants of Nathan Benderson: Randall Benderson Ronald Benderson Robert Benderson Shaun Benderson Evan Benderson Brett Benderson Todd Benderson 477212.1.999999.9999 Page 2 of 4 Agenda Item No. 8C September 27, 2005 Page 64 of 69 7A TRANSPORTATION The developer will pay an appropriate fee requircd by the County's f Fee Ordinance 92 22 01-13, as arnended, as building permits are issu proposed project. J.3. The developer will make a fair -,bare contribution toward the capital traffic signal(s) when deemed warranted by the County. The signaf(,, 7 owned, operated and maintained by Collier County. C. The developer will provide appropriate turn lanes and street lighting entrances. D The Jocalion of accesses will be consistent with the Collier County A Management Policy (Resolution 4-2-44-42 01-24 i ), Section 6.4 TRANSPORTATION A. All traffic control devices, signs, pavement rnarkings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. Ali other improvements shall be consistent with and as required by the Collier county Land Development code (LDC) 9/13/2005 Page 3 of Agenda Item No. 8C September 27.2O05 Page G5ofG8 B. Arterial level street lightirig snail be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C, Access ponts, including both driveways and proposed otreet.5, shown on the PUD Master Plan are considered to be conCeptual. No'ning depicted orz anv such Mester Plan shall vest any rignt of access at any specific point along any property frontage. Ail such ac�,eas issues shall beapnrovedor denied during the review of required subsequent site plan or�na| plat ambmnissiono.�H|such access ahoU�econ�iehentwi(hd1�CoUi�r County Access Management Policy (Ree O1-247).syh may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of accass points constructed may be less than the number depicted on the Master Pian,- he-wever, no addit!onal access points shall be considered unless a PJJD Amendment is tobeprocessed D. Sihs-ns|atedimpruvennenba(as apposed tosyshem-re|abed improvements) necessary for safe ingress and egress to this project. as detennined by Cn|8ar/�aunty shall ncu be eligible for (mpact fee credits. All required improvements shall be in pl-ace and available to rhe public prior V-) the issuance of the first iz�{} E Road mpact reessbaUb_epakdm noe with Co8ie rCour ndina rice D1-13.as amanded.arid Division 3.15, LDC, as it rnay be ar-ierded, F A!'i wDik within CmDi-,sCoun-ty orpub|ic requ|peaRkJht-of+maypennb, El A'| proposed median opening locannns sheU tlie in eoco,dancewith the CoHe�rCouityAccess Management Policy (Resdubon "-Z%,7>. oa it may be amlended. and the LDC, as i�tm'ay be amended. Collier Count;nemervaa the righttonnodifyoroiosE�' a' V, af thetirnaofapprova|cf1h!aPUD ,w'-tich �s found to be adv,�-�,s�� to an,-� vvz,'fare of the punhc An-,, such, amcoffi�tfons- shall be based, on, but are not Wm�d�u. s�feg/. o � ;)eraticne(o�roy�t3r, 3nd roadwey capa� ly H. Nothing h any devebpn-lent :>nder staUwest anghtcJacoeosinexceas of a rightm/h�h�oukomn��onsi re�s. o poin� ��eg�e� �r a medial') op�nin�, or access point. Ne&h�reiUhe � o( ofing |acktnereoy.shaUbe the basis 4or any future cause ofacoon for darnaoea gametthe County by the developer, its sucoessorinbbe,orossignes, | f\U in*snna| roads- dnve��ya. a�leys. paMhwaya" �davxa�s smd �n�ercunneotmnstn acU�cer� deve|o�m�nt sha8beoperated and mainta{nedbyanerti1y�r��ba��y1h�deue|o Der 2nd Collier Country shall haveno 1 if any required hmm lane 17nproxememt re- uires ti- e use ofexisU^gCount �g m�wayor a --- eo-, ant. oznnpensatinghght-of--:Yvsy.shaH be provided wit houd-:)St to CoUier Co! nty ase con sequence ofsuch .If-,VaV or e-?,semen' iT- to be necessary, the cost of SJc�h irnprovernent, shall be borne tv t��e deveta-er amd S�-2!1 t)e Pai--1 to 'COLIntV before the iss:-ancer ofthe first L Adjacent developments io the wes hDuebeendeykJnaj zoprov cesh.�mada�-oeo�- of, imharconnectionswith this developunent, The PUD KA;aster Plan indicates these locations, The de,,eioper, or s. shall asnurethal, any such shared aCC-asaori-ibaroonnecUonis utilized and shall acoommoda0e the perpetua/ use [fsuct� acCesm by incorporating apprupnaLe|anguage into fl-he devsiopnentcoxenantsor��t Revise Master Plan to show an, arrow nornofthleoonz- TraoL forintsrconneodngvvith "he parcel to the m/esL - From:vakera c Sent: Monday, September 12, 20D54:13 PM To:smcdtLd Cc:Feder_N; Casx|anguidaNick jmhnsonLc � Subject: RE: P0DZ-A-3004-A��93- ,tCommerce Center fim 9/l3/2O05 Find attached the latest copy of the PUD document and master plan for your review. connection to the adjacent property to the west, but is labeled "possible interconnect" and find out their position on this issue. CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Govemment 239.659.5729 - - - -- original Message---- - From: scott d Sent: Monday, September 12, 2005 3:21 PM To: valera_c Cc: Feder N; CasalanguidaNick; johnson c Subject: PUDZ -A- 2004- AR-6092 - Westport Commerce Center Page 4 of 4 Agenda Item No. 8C September 27, 2045 Page 66 of 69 The master plan depicts a . I'll contact the applicant I stopped by to see you on Friday but heard you were in Tampa. I have not signed off on Westport yet because I am trying to find out if Bruce Anderson followed through with the comments that he made at the Planning Commission that they would show an interconnection over to the property to the West. This issue has been raised within the last week by Comm. Henning so 1 don't have a lot of faith that this has been worked out (I assume he got a call from the property owner to the west) since the Planning Commission meeting. Can you send me some verification that this has been addressed? Also, I need to see the final PUD language to see tow they addressed the previous discussions with FDOT over the right - of -way and stormwater needed for the widening of Davis Boulevard. 9/13/2005 Page 1 of 4 Agenda Item No. 8C September 27, 2005 Page 67 of 69 johnson_c From: CasalanguidaNick Sent: Monday, September 12, 2005 4:28 PM To: valera_c; scoff —d Cc: Feder—N; johnson_c Subject: RE: PUDZ -A- 2004 -AR -6092 - Westport Commerce Center I just reviewed the language and it is missing all the standard transportation language that we asked for. They have their language in black our language is in red below. The interconnection to the westerly abutter is not on the plan below (note arrow in red). Gustafson along with Kimley -Horn was to do a traffic study and water management analysis as well as coordinate with FDOT. ROW is sufficient in front of Wal -Mart but other out parcels were suspect. grow: Id be �I t i 9/13/2005 N � e!s R2 s M + W., r, k' DAVIS e e c o� dvaao Z,- Qlld °'U I i1e 9 sly. FA ff, F7 ' wrlififf _ � A u p � _ U � 3pv J it cn cr U � O Q Q Q Q Q M 00 C-4 N O II It �� u N p z W } '6 On NAM i w I wz ou a 0 Wa CQ a U 0 N � I~ea Sao oN hCQ 7 z O F + �. w as [y 4 I U I Lu O Q LU W W Ill ~ F�uZw�6 N O a Q U? a o M J Ha"aa a adu __(b8 'ON NO aldVA3lnOa SlAVa U 0 U' �o �z <z N p'o UN N �_- N d w COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET Agenda Item No. 8C September 27, 2005 2800 NORTH HORSESHOE DRIVPege 69 of 69 NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 r REQU EIR CtE�►NCE OR i�1lTlDRt� d CHECK ONE: ® CONTINUANCE ❑ WITHDRAWAL If a continuance is requested, please indicate length of lime: to: October 11. 2005 OR ❑ Indefinite From: ❑ Planning Commission ® Board of County Commissioners 1. Date of Scheduled Hearing: September 27, 2005 2. Applicant /Project Name: WestRort PUD 3. Application /Case number: PUDZ -A- 2004 -AR -6092 4. Type of Application (examples: Rezoning, Conditional Use or Variance) PUD Amendment 5. Reason for Request: Inability to reach agreement with abutting owner on cost sharing for shared access. UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525, 1 DECLARE THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED IN IT ARE TRUE. ice`` ''-� �— September 21, 2005 SIGNATURE OF APPLICANT OR AUTHORIZED AGENT DATE R. Bruce Anderson banderson0ralaw.com PRINTED NAME e-mail address Address: Roetzel & Andress, LPA, 850 Park Shore Drive Naples, FL 34103 481848.1.000000.0000 :ODMAIPCDOCSINAPLES148184811 _(239) 649 -2708 Phone number _(239) 261 -3659 Fax number Aaenda Item No. 8i0 September 27, 2005 Page 1 of 108 EXECUTIVE SUMMARY Petition PUDZ- 2004 -AR -6207 MAC Builders, Inc., represented by Tim Hancock, AICP, of Talon Management, Inc., requesting a rezone from the C -1 and C -2 zoning districts to the PUD Planned Unit Development zoning district to allow a maximum of 86 multi - family dwelling units. The property, consisting of 10.76 acres, is located on the northwest corner of Radio Road extension and Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The proposed Residential PUD rezone will eliminate a portion of the undeveloped commercial parcels that exist in the local area. The MAC RPUD rezoning request is seeking approval for a residential development that includes a maximum of 86 residential housing units on approximately +10.76 acres. The gross project density requested for the project is 8 dwelling units per acre. The MAC RPUD dwelling units are designed as multi - family residences. Access to the property will be from Palm Springs Boulevard via Radio Lane. The subject property is within one mile of Interchange Activity Center No.9 and is located within a residential density band. Commercial and multi- family zoning districts surround the site. The local area, the southern segment of the Palm Springs Boulevard /Radio Lane intersection, is populated with developed (Circle K gas station) and undeveloped commercial parcels, existing single - family and multi - family residential structures, and undeveloped residential parcels (Triad RPUD). The single - family homes on Pine Crest Lane (the street to the immediate north of the project) are within a Residential Multi - family (RMF -12 (7)) zoning district. Single - family homes were permitted to be constructed within the multi - family zoning district due to a provision within the zoning district that allows, "Single- family dwelling units for existing nonconforming lots subject to the RSF -6 dimensional standards." To the immediate east of the project is the Triad PUD, a residential PUD authorized for 8 dwelling units per acre. The conversion of commercial zoning to residential zoning makes the project eligible for up to 16 dwelling units per acre. The final number of dwelling units per acre allocated to the project is determined by the compatibility of the surrounding land uses. As noted, the property is bordered by commercial zoning to the south and west, Triad RPUD zoning to the east eligible for 8 dwelling units per acre, and RMF -12 (7) Residential Multi- farnily to the north eligible for 7 dwelling units per acre. The RMF -12 (7) zoning district to the north, although eligible for 7 dwelling units per acre has a majority of the parcels developed with single- family homes. These single- family homes are an interruption to the zoning pattern within the area. These homes are bordered to the north and the east by multi - family zoning and to the south by commercial zoning. The presence of the single - family PUDZ- 2004 -AR -6015 Agenda Item No. 8D September 2?, 20105 Page 2 01 1,28 homes to the north of the project has made the issue of compatibility more difficult. The majority of the parcels are developed with single - family homes, but any of the undeveloped lots, or any of the developed lots through redevelopment, could develop a multi - family structure whose density would be determined by multiplying the parcels' acreage by seven. This fact forces staff to view these single - family homes in a more non - traditional manner. Planning theory traditionally calls for a stepping down of the intensity of the land use as you progress from a transportation network, such as Radio Road, now Radio Lane. For example the current Circle K gas station is zoned C -4, the current adjoining zoning to the north, which includes the subject property is C -1. The transition from C -4 to C -1 is a decrease in allowed land use intensity. As you progress north from the C -1 zoning district, there is a transition to the RMF -12 (7) zoning district. This transition represents a gradual decrease in land use intensity from the least intensive commercial district to a higher intensity residential multi - family district. Further north from the RMF -12 (7) district sits an RMF -6 zoning district. Once again, the transition in zoning districts represents a step down in allowed intensity. Finally to the north of the RMF -6 district sits an RSF -4 district, a less intensive residential district compared to the bordering RMF -6 district. This gradual transition of allowed intensities is a direct manifestation of the traditional step down zoning approach. The proposed rezoning request will further the step down zoning for the area by eliminating the last portion of the existing commercial zoning in the area. It is staff opinion that the RPUD rezoning will be more compatible with the surrounding land uses, and also more compatible with the transportation infrastructure available to the area. The applicant is requesting a project density of 8 units per acre, which is consistent with the eligible density allotted by the Growth Management Plan (GMP.) Based upon the potential intensity of existing commercial zoning of the subject property, the 8 units per acre of Triad PUD to the east, the 7 units per acre to the north, the General Commercial (C -4) zoning to the south, and the Commercial PUD zoning to the west, the density request can be justified. Based upon the existing presence and potential for the single - family home construction to continue to the north of the subject property, the traditional step down zoning transition discussed above, and the access issues the property would present to commercial use, staff is recommending a project's density of 8 units per acre. The residential zoning intensity of the bordering districts is 8 units per acre and 7 units per acre. It is staffs opinion that 8 units per acre will provide a better consistency with land use transition in the area based upon the existing land uses and discussion of step down zoning. The removal of the commercial zoning of the subject property based upon the access concerns, as discussed, justifies approval of the petition, but the level of intensity allotted to the PUD has to find context with the existing surrounding zoning and land use. It should be noted that the developer and the sun•ounding property owners entered into an agreement to reduce the project's density from 8.8 units per acre to 8 units per acre. FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in PUDZ- 2004 -AR -6015 2 Agenda Item No. 8D September 27, 2005 Page 3 of 108 the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County 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. GROWTH MANAGEMENT IMPACT: The subject property is currently designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. Furthermore, it is within one mile of Interchange Activity Center #9 and is located within a residential density band. Thus, it is allowed 3 additional residential units per gross acre to be added to the base density of 4 dwelling units per acre for a total eligibility of 7 dwelling units per acre. The applicant is applying the Density Bonus for conversion of Commercial Zoning, which grants a bonus of up to 16 dwelling units per acre, which may be added for every 1 acre of commercial zoning that is converted. Review of the Density Rating System yields that the MAC RPUD is eligible for a maximum density of 16 dwelling units per acre. Based upon the above analysis, staff concludes the proposed RPUD uses and density may be deemed consistent with the Future Land Use Element (FLUE.) ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the envirommental regulations. The Environmental Section (5.6), of the MAC RPUD document has been written to reflect the most current environmental regulations. The petition was not required to appear before the Environmental Advisory Council (EAC) due to the amount of the non - impacted acreage being less than 10 acres. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The Collier County Planning Commission heard this petition on September 1, 2005. The CCPC, with a 7 to 2 vote, forwarded a recommendation of denial of Petition PUDZ- 2004 -AR -6207. The CCPC listed the reasons behind the recommendation of denial as: incompatibility with the existing neighborhood, inconsistent with the design requirements of the LDC and GMP, unsafe access, and traffic congestion. Specifically the CCPC felt the petition failed to satisfy the following provisions of the LDC Sections: 4.07.07.B.1, 4.07.02.D.3.B, 4.07.02.D.3.F, 4.07.02.D.3.G. Additionally, the CCPC stated the petition failed to satisfy Policy 5.4 of the GMP and items number 5, 6, 7 and 10 of the rezone findings and items 1, 3, and 4 of the PUD findings. Both required findings are attached to the staff report and address compatibility of the proposed development with the existing area. It should be noted, that at the conclusion of the hearing Chairman Budd privately expressed his apology to the petitioner for not providing the petitioner the opportunity to present a closing statement after the CCPC had heard from all members of the public. Chairman Budd asked if I could include this side note within the Executive Summary. PUDZ- 2004 -AR -6015 Agenda item No. 8D September 27, 2005 Page 4 of 108 LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the Collier County Planning Commission's evaluation of the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: • The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. • The proposed land uses are compatible with the existing land use pattern. • The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the 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 analysis indicates that the proposed MAC RPUD is compatible with surrounding land uses. Staff recommends that the Board of County Commissioners approve Petition PUDZ - 2004 -AR -6207 subject to the MAC RPUD document. PREPARED BY: Mike Bosi, AICP, Principal Planner Zoning and Land Development Review PUDZ- 2004 -AR -6015 4 Agenda Itern No. 8D September 27. 2005 Page 5 of 108 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8D Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ - 2004 -AR -6207 MAC Builders, Inc., represented by Tim Hancock, AICP, of Talon Management, Inc., requesting a rezone from the C -1 and C -2 zoning districts to the PUD Planned Unit Development zoning district to allow a maximum of 86 multi - family dwelling units. The property, consisting of 10.76 acres. is located on the northwest corner of Radio Road extension and Palm Springs Boulevard. in Section 34, Township 49 South, Range 26 East. Collier County, Florida. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Mike Bosi, AICP Principal Planner Date Community Development & Zoning &Land Development Review 813012005 9:42:15 AM Environmental Services Approved By Ray Bellows uniet rianner —.1 Community Development & Zoning &Land Development Review 8/3012005 6:25 PM Environmental Services Approved By Mike Bosi, AICP Principal Planner Date Community Development & Zoning &Land Development Review 911/2005 2.45 PM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 91112005 4:55 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 91212045 2:11 PM Environmental Services Environmental Services Admin. Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning &Land Development Review 911412005 5:24 PM Environmental Services Approved By Patrick G. White Assistant County Attorney Date County Attorney County Attorney Office 911412005 6:32 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 911412005 8:45 PM Environmental Services Environmental Services Admin. Agenda Item No. 8D September 27, 2005 Page 6 of 108 Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2005 8:13 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/19/2005 4:40 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 5:18 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/2012005 12:51 PM Agenda Item No. SID September 27, 2005 Page 7 of 108 Coder Countv STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 4, 2005 SUBJECT: PETITION PUDZ- 2004 -AR -6207, MAC RESIDENTIAL PUD OWNER/AGENT: Agent: Tim Hancock, AICP Talon Management, Inc. 3898 Tamiami Trail North, Suite 202 Naples, FL 34103 Owners: MAC Builders, Inc. 15841 Pines Boulevard, #388 Pines, FL 33027 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application to rezone approximately 10.76+ acres of land currently zoned Commercial Professional and General Office (C -1) and Commercial Convenience (C -2) to Planned Unit Development (PUD) to be known as the MAC RPUD authorizing a maximum of 86 multi - family dwelling units and customary recreational accessory uses. GEOGRAPHIC LOCATION: The subject property is located at the northwest quadrant of the Radio Road/Palm Springs Boulevard intersection, approximately 1300 feet west of the terminus of Radio Road. The property comprises numerous parcels located in the southwest half of Section 34, Township 49 South, Range 26 East, Collier County, Florida. (See location map on page 2 and the PUD Master Plan on page 3.) -1- Agenda Item No. 8D September 27, 2005 Page 8 of 108 -2- d W F-- fi� III d Z 0 I- d U 0 4 W Agenda Item No. 8D September 27, 2005 Page 9 of 108 PUD MASTER PLAN T 5 jilt' HH, r 1! ji k ag �d gAAQQAaaQ �gAAQQ� a Iy Q � i it 'n -_ �„ - 3 ..s :MLM MNY10�fOMWi M1!1�10 r 1! ji k n r Q m '_ 6 aA allZ n z ` mg at *At the time of authoring this staff report, the applicant was in the process of revising the master plan to show the reduced density as negotiated with the neighboring property owners (95 units to 86 units (a,8 units per acre) -3- �d gAAQQAaaQ �gAAQQ� a Iy Q � QlddddQlddbd � 'n Q i �Gq��Q4AAP a � QdldddQddhd QddddQddhQ n r Q m '_ 6 aA allZ n z ` mg at *At the time of authoring this staff report, the applicant was in the process of revising the master plan to show the reduced density as negotiated with the neighboring property owners (95 units to 86 units (a,8 units per acre) -3- Agenda Item No. 8D September 27, 2005 Page 10 of 108 PURPOSE /DESCRIPTION OF PROJECT: The proposed Residential PUD rezone will eliminate the last portion of the undeveloped commercial parcels that exist in the local area. The MAC RPUD rezoning request is seeking approval for a residential development that includes a maximum of 86 residential housing units on approximately +10.76 acres. The gross project density requested for the project is 8 dwelling units per acre. The MAC RPUD dwelling units are designed as multi- family residences. Access to the property will be from Palm Springs Boulevard via Radio Lane. The proposed RPUD document indicates that the project is to be completed in a 5 -year build out of the project with construction commencing in the last quarter of 2005. Project build -out is anticipated to occur in 2010. The project is proposing customary accessory uses such as private garages, swimming pools, social and recreational space, landscaped open space, and a variety of passive, native preserves. The local area, the southern segment of the Palm Springs Boulevard/Radio Lane intersection, is populated with developed (Circle K gas station) and undeveloped commercial parcels, existing single - family and multi - family residential structures, and undeveloped residential parcels (Triad RPUD). The subject property is within one mile of Interchange Activity Center No. 9 and is located within a residential density band. -4- Agenda Item No. 8D September 27, 2005 Page 11 of 108 SURROUNDING LAND USE AND ZONING: Subject Parcel: The subject property is a 10.76+ -acre site currently undeveloped; zoned C -1 and C -2. Surrounding: North: East: South: West: MALT J 4 Existing Palm Springs Village single - family subdivision; zoned RMF -12 (7) Undeveloped Triad Residential PUD; zoned PUD @ 8 units per acre Circle K & Radio Road ROW; zoned C -3 Existing Woodside Lanes; zoned PUD (Commercial) PIKE a 6 4 i I r1 t i 4 T iii T �. CALL� 8 P 1 .� 3 e 4 a r t i 3 L GROWTH MANAGEMENT PLAN CONSISTENCY: CRUT LANE I IMis, 7 3 a 4 t 2 1 � 4 MMI FEM The subject property is currently designated Urban (Urban - Mixed -Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. Furthermore, it is within one mile of Interchange Activity Center #9 and is located within a residential density band. Thus, it is allowed 3 additional residential units per gross acre to be added to the base density of 4 dwellings units per acre for a total eligibility of 7 dwelling units per acre. The applicant is applying the Density Bonus for conversion of Commercial Zoning, which grants a bonus of up to 16 dwelling units per acre, which may be added for every 1 acre of commercial zoning which is converted. These dwelling units may be distributed over the entire project; however, the project must be compatible with surrounding land uses. Relevant to this petition, this Subdistrict permits non - residential uses that are compatible with, and/or support, the residential character of the residential designation, such as private garages, swimming pools, and model homes. Review of the Density Rating System yields that the MAC RPUD is eligible for a maximum density - of 16 dwelling units per acre. The table below illustrates the total number of dwelling units possible in the Urban Residential -5- Subdistrict if both the Proximity to Mixed Use Activity Center or Commercial Conversion Density Bonuses were utilized. Because added to the base density exceed the cap of 16 dwelling units per applicant can seek is only 16 dwelling units per acre. Agenda Item No. 8D September 27, 2005 Page 12 of 108 Interchange Activity Center and both of these density bonuses acre, the maximum density the BASE DENSITY 4 dwelling units per acre PROXIMITYTOMIXED USEACTIVITY +3 dwelling units per acre CENTER OR INTERCHANGEACTIVITY CENTER CONVERSION OF COMMERCIAL ZONING +16 dwelling units per acre TOTAL ELIGIBLE DENSITY 16 dwelling units per acre x 10.76 A = 172 dwelling units rLUE Policy 5.4 requires that all new developments are compatible with and complementary to the surrounding land uses. The Comprehensive Planning Department leaves this determination to the Zoning and Land Development Review Department staff as part of their review of the petition in its totality. Based upon the above analysis, staff concludes the proposed RPUD uses and density may be deemed consistent with the FLUE. Transportation Element: The Transportation Department has reviewed the petitioner's Traffic Impact Statement (TIS) (Exhibit "C ") and rendered the following comment. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Open Space /Conservation: A minimum of 60 percent open space of the gross site area, as described in Chapter 4.02.01 of the Land Development Code and Policy 1.1.6 of the Growth Management Plan, will be required of the PUD. Future Land Use Element (FLUE) ANALYSIS: IrSIE Agenda Item No. 8D September 27, 2005 Page 13 of 108 Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Chapter 10.03.05 of the Land Development Code (LDC) and required staff evaluation and comment. The Planning Commission also will utilize these criteria as the basis for their recommendation to the Board of County Commissioners (BCC). Appropriate evaluation of petitions for rezones to PUDs should establish a factual basis for supportive action by appointed and elected decision - makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted and are summarized by staff, culminating in a determination of compliance, non- compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B "). Environmental Analysis: Environmental Services staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Environmental Section (5.6), of the MAC RPUD document has been written to reflect the most current environmental regulations. The petition was not required to appear before the Environmental Advisory Commission (EAC) due to the amount of the non - impacted acreage being less than 10 acres. Transportation Analysis: Transportation Division Staff has reviewed the petition and notes the following: the PUD document, in relation to the Transportation element, has been crafted to ensure all development within the MAC RPUD will be subject to and compliant with the policy contained within the Transportation sub - element of the Growth Management Plan (GMP) and the regulatory fabric contained in the Land Development Code (LDC). The Traffic Impact Study submitted with the application and attached to this staff report indicates that the project will generate a total of 51 weekend a.m. peak hour trips and 61 weekend p.m. peak hour trips. Utility Issues: The Utilities Division Staff has reviewed the petition and notes the following: water distribution, sewage collection and transmission, and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97 -17, as amended, and other applicable County rules and regulations. The water management requirements for the development of the PUD shall be in accordance with the regulations of the Land Development Code of Collier County in effect at the time of building permit application. Zoning and Land Development Review Analysis: The proposed use is consistent with the property's land use designation as indicated previously in the GMP discussion. The GMP, through Policy 5.4, also requires proposed development to be compatible with and complementary to the surrounding land uses. As noted in the Comprehensive Planning discussion, development standards, such as building heights, setbacks, landscape buffers, potential building mass, building location, orientation, and the amount and type of open space and location of that open space are considerations of compatibility as well. The subject property is within one mile of Interchange Activity Center No. 9 and is located within a residential density band. Commercial and multi - family zoning districts surround the site. The �- existing structures that surround the site consist of a gas station, a bowling alley, and single- family homes. The single - family homes on Pine Crest Lane (the street to the immediate north of the project) are within a Residential Multi - Family (RMF -12 (7)) zoning district. Single - family homes -7- Agenda Item No. 8D September 27, 2005 Page 14 of 108 were permitted to be constructed within the multi - family zoning district due to a provision within the zoning district that allows "Single- family dwelling units for existing nonconforming lots subject to the RSF -6 dimensional standards." To the immediate east of the project is the Triad PUD, a residential PUD authorized for 8 dwelling units per acre that was approved by the BCC on February 22, 2005. It should be noted that the Triad RPUD utilized the same conversion of commercial to residential provision of the Density Rating System to attain their allotted density. To the immediate south of the project sits a Circle K gas station. To the immediate west of the project sits Woodside Lanes, a commercial bowling alley. The existing commercial zoning boundaries for the subject site were designated at a time when Radio Lane, the east -west road immediately south of the subject property, was part of Radio Road, which was an arterial road connecting to Collier Boulevard. Subsequently, Radio Road has been modified, connecting to Davis Boulevard, east of the subject site, and thus resulting in the creation of Radio Lane. This configuration has created a limited access pattern for the commercially zoned subject site. To access Radio Lane, an east bound vehicle must make a left turn against opposing Radio Road traffic without a traffic signal, and the west bound traffic on Radio Road must make a right turn lane to access Radio Lane, which is a two lane local road. As noted, Radio Road at one time intersected with Collier Boulevard east of the subject site. This original design called for the subject site and the surrounding area to accommodate a high intensity of land use. The current zoning designation of the subject site, Commercial Professional and General Office (C -1) and Commercial Convenience (C -2), was the result of a downzoning from the General Commercial (C -4) zoning designation in 1993 through Ordinance No. 93 -73. The RMF -12 (7) zoning designation to the north of the property was the result of a downzoning from the RMF -12 zoning designation. The RMF -12 (7) indicates that the property is zoned Residential Multi - Family with a cap of 7 dwelling units per acre. As discussed within the Growth Management portion of this staff report, the conversion of commercial zoning to residential zoning makes the project eligible for up to 16 dwelling units per acre. The final number of dwelling units per acre allocated to the project is determined by the compatibility of the surrounding land uses. As noted, the property is bordered by commercial zoning to the south and west, RPUD zoning to the east eligible for 8 dwelling units per acre, and RMF -12 (7) Residential Multi - Family to the north eligible for 7 dwelling units per acre. The RMF -12 (7) zoning district to the north, although eligible for 7 dwelling units per acre, has a majority of the parcels developed with single - family homes. These single- family homes are an interruption to the zoning pattern within the area. These homes are bordered to the north and the east by multi - family zoning and to the south by commercial zoning. The presence of the single - family homes to the north of the project has made the issue of compatibility more difficult. The majority of the parcels are developed with single - family homes, but any of the undeveloped lots, or any of the developed lots through redevelopment, could develop a multi - family structure whose density would be determined by multiplying the parcels' acreage by seven. For instance, the .41- acre undeveloped parcel which abuts the subject site on Pine Crest Lane could develop a three -unit dwelling. This fact forces staff to view these single - family homes in a more non - traditional manner. Planning theory traditionally calls for a stepping down of the intensity of the land use as you progress from a transportation network, such as Radio Road, now Radio Lane. For example the current Circle K gas station is zoned C -4, the current adjoining zoning to the north, which includes the subject property is C -2 and C -1. The transition from C -4 to C -2 and C -1 is a decrease in Agenda Item No. 8D September 27, 2005 Page 15 of 108 allowed land use intensity. As you progress north from the C -2 and C -1 zoning district, there is a transition to the RMF -12 (7) zoning district. Once again, a gradual decrease in land use intensity from the least intensive commercial district to a higher intensity residential multi - family district. Further north from the RMF -12 (7) district sits an RMF -6 zoning district. Once again, a step down in allowed intensity. Finally, to the north of the RMF -6 district sits an RSF -4 district, a less intensive residential district compared to the bordering RMF -6 district. This gradual transition of allowed intensities is a direct manifestation of the traditional step down zoning approach. The proposed rezoning request will further the step down zoning for the area by eliminating the last portion of the existing commercial zoning in the area. It is staff opinion that the RPUD rezoning will be more compatible with the surrounding land uses, and also more compatible with the transportation infrastructure available to the area. The applicant is requesting a project density of 8 units per acre, which is consistent with the eligible density allotted by the GMP. Based upon the potential intensity of existing commercial zoning of the subject property, the 8 units per acre of Triad PUD to the east, the 7 units per acre to the north, the General Commercial (C -4) zoning to the south, and the commercial PUD zoning to the west, the density request can be justified. The property is bordered by commercial zoning on two sides and residential zoning on the other two sides. The residential zoning intensity of the bordering districts is 8 units per acre and 7 units per acre. It is staff's opinion that 8 units per acre will provide consistency with land use transition in the area based upon the existing land uses and discussion of step down zoning. Additionally, the 8 units per acre will mirror the density allotted to the Triad RPUD, which was approved by the BCC in February of this year and provide for a more consistent transitional zoning pattern for the area than what currently exist. The removal of the commercial zoning of the subject property based upon the access concerns, as discussed, justifies approval of the petition, but the level of intensity allotted to the PUD has to find context with the existing surrounding zoning and land use. The rezone request is seeking two deviations from the regulations provided for in the Land Development Code (LDC). 1. A deviation from Section 10.02.03.8.1.i.x111 (d), Private Roads, of the Collier County Construction Standards Manual. This deviation would allow the applicant to construct the project's internal roads as private roads within a 50 -foot right -of -way. Staff is supporting the applicant's request for a deviation. 2. A deviation from Section 10.02.03.8.1.01 (d), Sidewalks, of the Collier County Construction Standards Manual. This deviation would allow the applicant to construct the project's right -of -ways with sidewalks on only one side of each street. Staff is supporting the applicant's request. NEIGHBORHOOD INFORMATION MEETING: The applicant held the required meeting on June 6, 2005 at the Comfort Inn & Suites banquet room. Eleven people other than the applicant's team and County staff attended. Of those who spoke, one Palm Springs Boulevard property owner stated that he and those property owners he speaks for oppose the applicant's requested project density of 8.8 units per acre. Mr. Richard Hampton also stated the residents that are in opposition intend to go to the commissioners using MAC Builders, Inc. PUD rezone as an example of continued growth negatively impacting Palm Springs Boulevard. Agenda Item No. 8D September 27, 2005 Page 16 of 108 He commented that surrounding and nearby approved developments warrants road improvements to the neighborhood. Mr. Tim Hancock, agent for the applicant, offered to work with Mr. Hampton and opposing property owners throughout the course of the process. ZONING AND LAND DEVELOPMENT REVIEW RECOMMENDATION: That the Collier County Planning Commission (CCPQ forward a recommendation of approval of petition PUDZ -04 -AR -6207 subject to the conditions of approval that have been incorporated in the PUD document with the two deviations described above. Agenda Item No. 8D September 27, 2005 Page 17 of 108 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: PATRICK G. WHITE DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, 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, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the September 13, 2005, Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN -11- Agenda Item No. 8D September 27, 2005 Page 18 of 108 Coder County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 1, 2005 RE: PETITION: PUDZ- 2004 -AR -6207 MAC PUD SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission was scheduled to hear the MAC RPUD at its August 4, 2005 meeting. The petition was continued due to the applicant's failure to post the required on- site sign informing the neighbors of the upcoming hearing dates. Due to this omission, the item has been rescheduled to the September 1, 2005 Planning Commission meeting. The staff report prepared for the August 4U' hearing contained two inaccuracies. The first relates to the reason stated in the report as to why the petition was not required to appear before the EAC. The petition was not required to go to the EAC due to no wetlands or listed species were present on -site, not because the amount of the non - impacted acreage was less than 10 acres as indicated within the original report. Secondly, the staff report prepared for the August 4, 2005 hearing incorrectly stated the Transportation Department's position on the applicant's request for a deviation from providing for sidewalks on both sides of the street. The Transportation Department is not supporting the applicant's request stating, "Sidewalks are required on both sides of local streets to provide safe accessibility to amenities and public sidewalks or right of way for all residents." Additionally, since authoring the original staff report, CDES has received 35 letters of objection to the project. These letters are attached to the supplemental staff report package. The Department of Zoning and Land Development Review Staff recommendation remains the same. Analysis indicates that this petition is consistent with the Growth Management Plan and is compatible with the surrounding neighborhood. Staff recommends that the Planning Commission forward the MAC RPUD to the Board of County Commissioners with a recommendation of approval. PREPARED BY: Agenda Item No. 8D September 27, 2005 Page 19 of 108 MIKE BOSI, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: PATRICK G. WHITE DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, 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, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the September 27, 2005, Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN 2 Agenda Item No. SD September 27, 2005 Page 20 of 108 REZONE FINDINGS PETITION RZ -04 -AR -6207 Section 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives and policies of the Future Land Use Map and the elements of the Growth Management Plan. The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan (GMP). The proposal is to eliminate existing commercial zoning in exchange for residential use. This elimination of existing commercial zoning is promoted within the GMP. The GMP states that if, "the project includes conversion of commercial zoning which is not located within a Mixed Use Activity Center or Interchange Activity Center, or which is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every one acre of commercial zoning which is converted." The proposal is consistent with the FLUE contained in the Growth Management Plan. 2. The existing land use pattern; North: Palm Springs Village single- family subdivision; zoned RMF -12 (7) East: Triad Residential PUD; zoned PUD @ 8 units per acre South: Circle K & Radio Road R -O -W; zoned C -3 West: Woodside Lanes; zoned CPUD 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Commercial and multi - family zoning districts surround the subject site. The proposed conversion of existing commercial zoning to multi - family residential PUD will not create an isolated, unrelated zoning district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing commercial zoning boundaries for the subject site were designated at a time when Radio Lane, the east -west road immediately south of the subject property, was part of Radio Road, which was an arterial road connecting to Collier Boulevard. Subsequently, Radio Road has been modified, connecting to Davis Boulevard, east of the subject site, and thus resulting in the creation of Radio Lane. This configuration has created a limited access pattern for the commercially zoned subject site. EXHIBIT "A" Agenda Item No. 8D September 27, 2005 Page 21 of 108 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The existing commercial zoning boundaries for the subject site were designated at a time when Radio Lane, the east -west road immediately south of the subject property, was part of Radio Road, which was an arterial road connecting to Collier Boulevard. Subsequently, Radio Road has been modified, connecting to Davis Boulevard, east of the subject site, and thus resulting in the creation of Radio Lane. This configuration has created a limited access pattern for the commercially zoned subject site. The proposed rezone, and the lower impact of residential development in comparison to commercial on community infrastructure make the proposed change necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The local area, southern segment of the Palm Springs Boulevard /Radio Lane intersection, is populated with developed (Woodside Lanes and Circle K gas station) Commercial parcels, Residential Multi- Family with existing single - family and multi- family residential structures, and Residential PUD zoning. The structures within the area are single family and multifamily dwelling units, a bowling alley, and a gas station. The proposed Residential PUD rezone will eliminate the last undeveloped commercial parcels in the area. 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. Evaluation of the project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project, when developed, will not excessively increase traffic congestion. The proposed change will result in an overall increase in daily trips within the school, however Transportation staff has indicated that there is adequate capacity in the road system to accommodate it. 8. Whether the proposed change will create a drainage problem; The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. Agenda Item No. 8D September 27, 2005 Page 22 of 108 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Section 4.02.01.13.1 of the LDC requires that 60 percent of the project will be dedicated to usable open space or lands reserved for conservation purposes. This commitment, in combination with the landscape buffers required of the PUD, and the development standards required by the PUD will ensure that this project, when developed, will not adversely reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; This site is adjacent to other residential uses. The density associated with the petition is consistent with the density permitted within the surrounding developments. The property is currently zoned Commercial. The proposed change to residential use, in general planning theory, is more compatible to the surrounding residential land uses and; therefore, is not expected to adversely affect property values. Within this petition, an appraisal of estimated future property values resulting from a rezone was not required. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The regulations contained within the proposed PUD document are constructed to minimize the effect of the allowable uses on the surrounding properties. The proposed PUD rezone, with a requirement of sixty percent dedicated open space is not viewed as a deterrent to the development or improvement of the adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed PUD zoning does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; There is no reason that the property cannot be used in accordance with the existing commercial zoning. Staff does feel that accessibility to the site has somewhat diminished the commercial value of the property and thus making the conversion to residential use a more practical measure. Agenda Item No. 8D September 27, 2005 Page 23 of 108 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed rezone complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. The proposed conversion of commercial zoning to residential zoning is viewed by staff as a more compatible land use to the general area than the currently permitted commercial zoning. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites which are zoned to accommodate the proposed development. However, this proposal is a request to convert commercial zoning to that of residential zoning. This conversion is an action that is viewed by the Growth Management Plan as favorable. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The commitment to over 60 percent open space provided by the PUD document will restrict the location and square- footage of the buildings, but the degree of site alteration to make the property usable for the range of uses prescribed by the PUD document will be customary to any improvement project. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. Agenda Item No. 8D September 27, 2005 Page 24 of 108 FINDINGS FOR PUD PUDZ -A- 2004 -AR -6207 Section 10.02.12 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Public utility facilities and services are currently available in this area of Collier County. The local area, the southern segment of the Palm Springs Boulevard /Radio Lane intersection, is populated with developed (Circle K gas station and Woodside Lanes) Commercial parcels, and existing single- family and approved multi - family residential development. The proposed Residential PUD rezone will eliminate the last portion of the undeveloped commercial parcels in the area. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Mac PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. EXHIBIT "B" Agenda Item No. 8D September 27, 2005 Page 25 of 108 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. MAC PUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. The exchange of 10.76 acres of future commercial use, for the proposed residential use, is viewed as more compatible with the existing residential dwelling unit mix for the local area. The development standards and commitments contained within the PUD document will ensure that the proposed rezone will not negatively impact the surrounding developed and undeveloped neighboring properties. 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 the PUD Document (60 percent) is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing or sequence of development in light of concurrency requirements is not a significant problem. All development authorized by the MAC PUD is required to meet concurrency requirements at the time of Site Development Plan approval. The improvements proposed by the PUD Document indicate construction activity to complete within a single phase. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is designated Urban (Urban - Mixed -Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Ability to expand, as applied in this context, implies supporting infrastructure, such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads which is available to this site. Infrastructure is in place in the vicinity and its adequacy will be determined at the time of SDP approval. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed PUD document conforms to PUD regulations or requests deviations that staff analysis finds justified. EXHIBIT `B" Agenda Item No. 8D September 27, 2005 Page 26 of 108 ORDINANCE NO. 05 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 0441, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS AND CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE C -1 AND C -2 ZONING DISTRICTS TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO BE KNOWN AS "MAC RPUD" WHICH WILL INCLUDE A MAXIMUM OF 86 MULTI - FAMILY RESIDENTIAL HOUSING UNITS LOCATED ON THE NORTH SIDE OF RADIO LANE, EAST OF PALM SPRINGS BOULEVARD, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.76± ACRES; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Tim Hancock, AICP, of Talon Management, Inc., representing MAC Builders, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition PUDZ - 2004 -AR -6207. 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 located in Section 34, Township 49 South, Range 26 East. Collier County, Florida, as described in Section 1.2 of Exhibit "A," the "MAC RPUD" PUD Document, attached hereto and incorporated by reference herein is changed from the C -1 and C -2 zoning districts to the PUD zoning district to be known as the "MAC RPUD Planned Unit Development." The appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney PUDZ- 2004- AR- 6207/MB Agenda Item No. 8D September 27, 2005 Page 27 of 108 MAC RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE MAC RRPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: MAC Builders, Inc. 15841 Pines Blvd., #388 Pines, FL 33027 PREPARED BY: Tim Hancock, AICP Talon Management, Inc. 3898 Tamiami Trail North, Suite 202 Naples, FL 34103 239 - 262 -6197 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT "A" TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP & DESCRIPTION SECTION I1 PROJECT DEVELOPMENT SECTION III RESIDENTIAL AREAS PLAN SECTION IV CONSERVATION / PRESERVE AREA SECTION V DEVELOPMENT COMMITMENTS ii Agenda Item No. 8D September 27, 2005 Page 28 of 108 PAGE iii iv I thru 2 3 thru 5 6thru7 8 9 thru 12 Agenda Item No. 8D September 27, 2005 Page 29 of 108 LIST OF EXHIBITS AND TABLES EXHIBIT A R.PUD Master Plan iii Agenda Item No. 8D September 27, 2005 Page 30 of 108 STATEMENT OF COMPLIANCE The development of approximately 10.76 acres of property in Collier County, as a Planned Unit Development to be known as MAC RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of MAC RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Project The subject property is within the "Urban (Urban Mixed -Use District, Urban Residential Sub district) Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element, specifically under the Conversion of Commercial Zoning designation which permits a density of up to 16 units per acre (upa). 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. The project development is planned to incorporate natural systems for water management in accordance with their natural fimctions and capabilities as required in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 5. The project will comply with Objective 2 and Policy 2.3 of the Future Land Use Element which requires the provision of adequate public facilities. Through the location of this project in the Urban Mixed -Use District, where more intense land uses are directed, compliance is furthered with respect to these policies and objectives. 6. The projected density of 8 d.u.'s per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the maximum permitted density of 16 units per acre for Conversion of Commercial Zoning. The adjacent densities and intensities range from 7 upa to C-4 type uses, so the parcel at 8 upa performs a transitional zoning function. iv SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE Agenda Item No. 8D September 27, 2005 Page 31 of 108 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 MAC RPUD. 1.2 LEGAL DESCRIPTION The subject property being 10.76 acres is described as: All of Block 1 (lots 1 — 7), Block 3 (lots 1 — 6 and vacated Calle Del Ray) and Block 5 (lots 1 — 7 and vacated Calle Del Ray), Palm Springs Plaza, Unit No. 1, according to the map or plat thereof as recorded in plat book 8, page 21, public records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP - The subject property is under the ownership of- MAC Builders, Inc. 15841 Pines Blvd., #388 Pines, FL 33027 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the South 1/2 of Section 34, Township 49 South, Range 26 East, more generally described as the northwest comer of Radio Road Extension and Palm Springs Blvd. B. The zoning classification of the subject property prior to the date of this approved RPUD Document was C -2 and C -1. 1.5 PHYSICAL DESCRIPTION Surface water management for the project will be designed according to South Florida Water Management District and Collier County design standards. The system will attenuate the 25 -year 3 -day storm even as well as meet current water quality treatment criteria. 1.6 PROJECT DESCRIPTION The proposed plan of development if for 86 multi- family units to be built on 10.76 acres. The buildings will consist of 2 -story town homes and will be grouped in buildings of differing unit counts as identified on the RPUD Master Plan. Agenda Item No. 8D September 27, 2005 Page 32 of 108 1.7 SHORT TITLE This Ordinance shall be known and cited as the "MAC Residential Planned Unit Development Ordinance." SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE Agenda Item No. 8D September 27, 2005 Page 33 of 108 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 MAC RPUD shall be in accordance with the contents of this document, RPUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the 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 Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of MAC RPUD shall become part of the regulations that govern ._ the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02.00 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3. DESCRIPTION OIE PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A ", RPUD Master Plan. There shall be one land use tract, plus necessary water management lakes and, street rights -of -way, the general configuration of which is generally illustrated by Exhibit A. LAND USE TYPE Multi- Family PRESERVE AREA COMMON AREA ROADS/ROW MULTI FAMILY BUILDINGS UNITS 86 1.3 acres 5.3 acres 1.8 acres 2.3 acres TOTAL: 10.7 acres Agenda Item No. 8D September 27, 2005 Page 34 of 108 B. Areas illustrated as lakes by 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, lakes and intermittent wet and dry 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 boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 10.02.05 C and 10.02.12 respectively, of the Collier County Unified Development Code or as otherwise permitted by this RPUD document. C. In addition to the various areas and specific items shown in Exhibit "A ", such easements as necessary (utility, private, semi - public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 86 residential Multi - Family dwelling units shall be constructed in the total project area. The gross project area is 10.76 acres. The gross project density, therefore, will be a maximum of 8 units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat 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 RPUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A" RPUD Master Plan, constitutes the required RPUD Development Plan. Subsequent to or concurrent with RPUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the RPUD Master Plan. Any division of property and the development of the land shall be in compliance with Collier County requirements, and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Collier County Unified Development Code when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Agenda Item No. 8D September 27, 2005 Page 35 of 108 D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of the Collier County Unified Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES (See LDC -Sec. 5.04.04) Model units including a sales center shall be permitted in conjunction with the promotion of the development subject to the following: a. One "wet" and 3 "dry" models may be constructed following administrative plat approval or Site Development Plan approval. Models will be located jointly within a single building. b. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. d. All other regulations pertaining to model homes shall be consistent with Section 5.04.04 of the UDC. 2.7. AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Amendments may be made to the RPUD as provided in the Collier County Unified Development Code, Section 10.02.12. 2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Unified Development Code, Section 2.03.06, where applicable. Agenda Item No. 8D September 27, 2005 Page 36 of 108 SECTION III RESIDENTIAL AREAS PLAN 3.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" for Multi - Family Development. 3.2. MAXIMUM DWELLING UNITS The maximum number of dwelling units allowed within the RPUD shall be 86. 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: (1) Multi - family Dwellings, townhouses. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) May include common recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences, which have the use of such facilities. 3.4. DEVELOPMENT STANDARDS A. GENERAL: All yards, setbacks, etc. shall be in relation to the individual parcel boundaries or internal rights of way, except as otherwise provided. B. MINIMUM LOT AREA: one acre. C. MINIMUM LOT WIDTH: 100 feet. D. MINIMUM YARDS: (1) Front Yard - 25 feet (2) Side Yard - 15 feet (3) Rear Yard - 20 feet (4) Distance between principal structures, including community clubhouse - 25 feet. (5) Setback from preserve or Conservation Area; ri Agenda Item No. 8D September 27, 2005 Page 37 of 108 Principal Structure — 25 feet Accessory Structure — 10 feet (6) Minimum distance from any residential structure to an accessory structures such as the pool or clubhouse — 15 feet. E. MINIMUM FLOOR AREA: 750 square feet F. OFF-STREET PARKING AND LOADING REOI MENTS As required by Chapter 4 of the Collier County Land Development Code, where applicable in effect at the time of building permit application. G. MAXIMUM HEIGHT: (1) Principal Structure - 35 feet with no more than 2 stories above the minimum base flood elevation (2) Accessory Structure - 25 feet with no more than 1 story above the minimum base flood elevation 7 SECTION IV CONSERVATION/PRESERVE AREA 4.1 PURPOSE Agenda Item No. 8D September 27, 2005 Page 38 of 108 Conservation/Preserve Area - The purpose is to preserve and protect native vegetation and naturally functioning habitat in their natural state. 4.2 USES PERMITTED The subject property contains 8.8 acres of existing native vegetation. A total of 1.32 acres, or 15% of the existing native vegetation, must be preserved in accordance with the applicable requirements of the Growth Management Plan and the Land Development Code. The RPUD Master Plan shows for 1.2 acres of native vegetation preserve. The additional preserve area required will be determined at the time of development order permitting. Minor adjustments may be made to the boundaries of preserve areas as shown based on permitting considerations. No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required: A. Principal Uses: 1. Passive recreational areas, boardwalks and recreational shelters; 2. Pervious nature trails; 3. Water management structures; 4. Mitigation areas; 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE Agenda Item No. 8D September 27, 2005 Page 39 of 108 The purpose of this Section is to set forth the development commitments for the development of the project. 5.2. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans 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 applicable sections of the Unified Development Code shall apply to this project even if the land within the RPUD 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 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 the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 5.3. RPUD MASTER PLAN A. Exhibit A, RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 10.02.12 of the Unified Development Code amendments may be made from time to time. Building locations and configurations shown are conceptual and may be altered as to location and size provided they meet the development standards of this document and applicable sections of the land development code. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. The proposed plan of development includes commencement of construction in 2005 with a 5 -year build out of the project. B. By the time building permits for 50 residential units are issued, the developer agrees to have constructed the swimming pool shown on the RPUD Master Plan. By the time building permits for 75 residential units are issued, the developer agrees to have constructed a clubhouse facility with a small room for exercise purposes as generally shown on the RPUD Master Plan. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeowner's Association. The Homeowner's Association by -law's shall 5.5. 5.6 Agenda Item No. 8D September 27, 2005 Page 40 of 108 include a provision that the creation of a Capital Improvement Fund is mandatory, and every property owner in the development shall become a member of the Homeowner's Association. A description shall be provided for the location of land and facilities to be dedicated to the County, their use and function together with acceptance by County. The plan shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. C. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.12 of the Collier County Unified Development Code. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE/REGULATIONS The roads within the project shall be constructed as private roads within a 50' ROW. The approval of this RPUD constitutes a deviation from Section 10.02.03.8. l .x111 (d), Sidewalks, of the Collier County Construction Standards Manual with regard to the requirement for sidewalks on both sides of the internal streets, amending the requirement to provide a sidewalk on one side of each street, due to the streets being constructed as a private road. ENVIRONMENTAL A. This RPUD shall be consistent with the Environmental section of the GMT Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. This RPUD shall comply with the guidelines for the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site/Plan approval. C. Preserve areas are to be created as tracts /easements with protective covenants and dedicated on all plats to the homeowner's, association for ownership with responsibility for all maintenance, as appropriate, and to Collier County with no responsibility for maintenance. N E. F All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. A Preserve Area Management PIan shall be provided to Environmental Staff for review prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan/construction plan approval. 10 Agenda Item No. 8D September 27, 2005 Page 41 of 108 5.7 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC). B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a RPUD Amendment is to be processed. D. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended, codified as Chapter 74 of the Code of Laws and Ordinances, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity.. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created 11 Agenda Item No. 8D September 27, 2005 Page 42 of 108 by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County right - of -way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. 5.8 WATER MANAGEMENT The water management for this project will be review and approved by Collier County. 5.9 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model unit. 5.10 SIGNS All signs shall be in accordance with Division 5.06.00 of the Land Development Code. 5.11 POLLING PLACES Pursuant to Sections 2.03.06 and 2.04.00 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement is to be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.12 PLANNING The developer shall request from the County Transportation Division, a temporary construction access permit off Radio Lane. 12 611 F s INS 101 C oo- � a I! IN i� F. III HIP III i if fell aenda Item No. 8D ep em er 27, 20 Page 43 of 108 s to it Agenda Item No. 8D ' September 27, 2005 PUDZ-2004 -AR -6207 Page 44 of 108 PROJECT 42004060035 DATE: 7/20/04 RAY BELLOWS PRESERVE PLACE Transportation Impact Study Prepared For MAX Builders 15841 Pines Blvd., #388 Pines, FL 33027 Prepared by Davidson Engineering, Inc. 2154 Trade Center Way Naples, Florida 34109 June 2004 EXHIBIT "C" Agenda Item No. 8D September 27, 2005 Page 45 of 108 Introduction Preserve Place is a total 10.76 acres commercial zoning area proposed to be rezoned as residential PUD. The project is located in section 34 south, township 49 south, range 26 east, about 2 mile west of C.R 951 and right on the north side of radio road. Existing Conditions The current site is in an undeveloped situation. Current project zoning is C -1 and C -2. Proposed Improvements A total of 99 units' residential condominium/townhouse is expected to be constructed on the project site after the approval of rezone application, associated with parking, roadway, storm water management area and utilities. Trip Generation Trip generation rates where per the Institute of Transportation Engineers publication, Trip Generation Sixth Edition. Land Use Categories and. their associated dwelling units have been used for the project and are listed below. A) Description of development and ITE category for trip generation. This project is proposed to be a Residential Condominium/Townhouse development. The ITE category used for these trip generations is Residential Condominium/Townhouse (LUC 230) B) Number of units (i.e. dwelling units, square feet, etc.) The total number of units for the Residential Condominium/Townhouse on this site is expected to be a total of 99 units. , f Agenda Item No. 8D September 27, 2005 Page 46 of 108 Table 1 Residential Condominium/Townhouse (LUC 230) X=99 Calculated Traffic Equation Enterin Exitin Weekend Daily Traffic = 646 Ln(T)= 0.850Ln(X) +2.564 323(50 %) 323(50 %) AM Peak Hour Traffic--51 Ln(T)= 0.790Ln(X)+0.298 9(17 %) 42(83%) PM Peak Hour Traffic =61 Ln = 0.827Ln +0.309 41 67% 24 33% C) Total trips generated for the Average Annual Daily Traffic (AADT) and the AM and PM peak hours. Total trips generated for the Average Annual Daily Traffic (AADT) and the AM and PM peak hours are listed in the chart below. Table 2 Site Generatinn Calculated Traffic Entering Exiting Total AADT 323 323 646 AM Peak Hour Traffic 9 42 20 PM Peak Hour Traffic 41, 20 68 Since the added AADT is less than 1000 trips and peak hour generated traffic is less than 100 vph, no further traffic impact study is required for this project. The project will not have negative impact on the existing roadway conditions. Agenda Item No. 8D September 27, 2005 HOOVER PLANNING & DEVELOPMENT, Noff. of 1 08 Land, Environmental & Traffic Planning Consultants 3785 Airport Road North, Suite B -1, Naples, Florida 34105 2ND RESUBMITTAL ! PUD2- 2004 -AR -6207 6207 ny S PROJECT # 2004060035 ( DATE: 4125/05 0 ; (� Lsiitbl� &+A MICHAEL BOSI ENVIRONMENTAL- IMPACT STATEMENT (EIS) Project: MAC PUD SECTION 34 TOWNSHIP 49 SOUTH, RANGE 26 EAST APPROXIMATELY 10.76 ACRES Presented to: COLLIER COUNTY ENVIRONMENTAL SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Dated: June 30, 2004 Revised: January 7, 2005 „ Revised: April 13, 2005 ©K Ls Land Planning: (239) 403 -8899 Fax: (239) 403 -9009 Environmental: (239) 403 -8333 Agenda Item No. 8D September 27, 2005 Pay*4panf5 108 3.8.5.1 APPLICANT INFORMATION. A. Responsible person who wrote the EIS and his /her education and job related environmental experience. Jeremy Sterk, 13. S., Aquatic Biology, 10 years job related experience. A resume is attached. B. Owners) /agent(s) name, address, phone number & e -mail address. MAC Builders Contact: Carlos Veloz 15841 Pines Blvd. #388 Pines, FL 33027 Phone: (305) -597 -4060 Fax: (305) 597 -3878 Email: cvelozzz @aol.com 3.8.5.2 MAPPING AND SUPPORT GRAPHICS. A. General location map. See attached site 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. Native communities were mapped according to the Florida Department of Transportation Florida Land Use Cover and Forms Classification System - (FLUCFCS) and their boundaries are depicted on the attached 2004 aerial at a scale of 1" =200'. Also attached is an 8 %," X 11" sheet (1" =200') with FLUCFCS mapping for clear reference. The map is entitled "MAC PUD- FLUCFCS Mapping ". Mapping by aerial interpretation has been provided for a distance of 200 feet around the property. GAP Prujaet F11eil10V,075 A74 MAC Duildtti ParceWF iroamaltd\Col ier County EISUrd SubtniltvhColior Cowiq ELLNF.doc Agenda item No. 8D September 27, 2005 PatW49"s108 C. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. Site elevations average approximately 11.0' NGVD. Currently drainage is to the south and southwest. See attached boundary survey that includes topographic mapping, done by Rhodes & Rhodes Surveying, Inc. D. Soils map at scale consistent with that used for she Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. Soils lines have been digitized from the Natural Resources Conservation Service (MRCS) map of Collier County. A map detailing the soil types found on the subject property is included at a scale of 1" =200' and is attached on an 8' /z X 11 sheet. The map is entitled "MAC PUDT —NRCS Soils Mapping ". E. Proposed drainage plan indicating basic flow patterns, outfall and off - site drainage. See attached PUD Master Plan, Exhibit A. A specific drainage plan will be developed with the assistance of Collier County during the plat process. However, the proposed locations of water management pipes and outfall structures, etc. are shown on the PUD Master Plan, Exhibit A. The surface water management will function as follows: The surface water management system will utilize a dry detention method of treatment. It consists of a series of catch basins used to collect the surface water runoff and pipes to distribute storm water under and above ground to the dry detention areas. Project runoff is proposed to be discharged into the ditch located within the existing 30 foot drainage easement at the western side of the property. Bottom elevation of the ditch is assumed to be 8.00' feet in the CASCADE routings. The water management system will be permitted per Collier County requirements during plat or SDP approval. Maintenance of the water management facilities will be the responsibility of the subsequent homeowner's association. 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 attached Master Plan, Exhibit A provided by Davidson Engineering, Inc. 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 stormwater retention, as shown on approved master plans For these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. GAMP P o*i File. 3WAJ75 A74 MAC Buildcm PVUMnnM"n,= W oJJjw County EWJW Su6mitWNColfia Cow" 555 NFAoe Agenda Item No. 8D September 27, 2005 PaPUCBIM fS108 The property is surrounded by development. Old Radio Road forms the property's southern boundary. Palm Springs Boulevard forms the property's eastern boundary. The property is bordered, to the north by residential home sites. The western boundary is bordered by Woodside Lanes. There is a 30 drainage easement that runs along the entire western border between MAC PUD and Woodside Lanes. The proposed native vegetation preserve is located entirely along the north property line and aligns with the preserve already approved for the Triad Project to east. The preserve also ties into the existing bufferlpreserve area for Woodside Lanes to the west. See attached "MAC PUD- Preserve Interface Map" The property is not adjacent to any public owned conservation lands, conservation acquisition areas, major flowways, or potential wildlife corridors. 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. MAC PUD is not located in the RLSA or the RFMU. 3.8.5.3 PROJECT DESCRIPTION AND GMP CONSISTENCY D &TERMINATION. A. Provide an overall description of the project with respect to environmental and water management issues. Project Description The proposed plan of development for the subject property is for 97 multi - family units to be constructed in multiple unit buildings. Each unit is planned as a two - story townhouse with attached one or two car garages. The project will be designed around an internal circular drive that will be privately maintained. Community amenities such as a pool and small clubhouse and fitness room will be provided for the use of residents. The native vegetation preserve is located entirely along the north property line and aligns with the preserve already approved for the Triad Project to east. The preserve also ties into the existing bufferlpreserve area for Woodside Lanes to the west. Construction is anticipated for mid 2005 with completion of the project planned for 2010. The following FLUCFCS communities are present on the subject property. See enclosed FLUCFCS mapping for specific locations. Name: Pine Flatwoods Code: FLUCFCS 411 Acreage:. 8.79 Acres Description: G \W Pmje= Fi1eNOOf.373 A74 MAC BURdcn P6rcd1Env'vonmcnraf oHjer Couxy EM3rd Subminal'Colhe Couuy E3S -NF .dm Agenda Item No. 8D September 27, 2005 Pa106#1108 This makes up the majority property. It is dominated by slash pine and scattered cabbage palm in the canopy. Midstory includes scattered saw palmetto and Brazilian pepper. tither vegetation present includes buckthom, grapevine, poison ivy, beautyberry, Caesar's weed, pennyroyal, and smilax. SCIENTIFIC NAME COMMON NAME STRATUM 411 — Pine Flatwoods buckthorn mid -story Comm Brazilian pepper mid -story Piloblephis rigida pennyroyal ground cover Pinus elliotti pine (slash pine) canopy Urena lobata Caesar weed ground cover Smilar spp. Smilax vine Toxicodendron radicans poison ivy vine Vitis rotundifolia muscadine grape vine Occasional Bumelia celasMna buckthorn mid -story Schima terebinthifolius• Brazilian pepper mid -story Serena repew saw palmetto mid -story Sabal palmetto cabbage palm canopy *invasive exotic Disturbed Lands FLUCFCS 740 2 92 Acres This community consists of areas cleared along the margins of the roads. Canopy, midstory, and most groundcover are generally absent. Paved Roads FLUCFCS 814, 0.61 Acres A paved road that has been vacated (Calle Del Rey) is located on the property. Environmental Issues Environmental issues on the MAC PUD site are very minor. The property does not contain wetlands. The only protected species issue is a red - cockaded woodpecker (RCW) cavity tree that has been documented as abandoned. The project has minimized impacts by providing 15% indigenous vegetation (1.32 acres) on the property. The PUD Master Plan delineates 1.26 acres (95 %) of the required indigenous vegetation. An additional 0.06 acres of indigenous vegetation will be provided. Water Management System Issues \Description See PUD Master Plan, Exhibit A for proposed locations of water management piping and structures. The surface water management system will utilize a dry detention method of treatment. It consists of a series of catch basins used to collect the surface water runoff and pipes to distribute storm water under and above ground to the dry detention areas. Project runoff is proposed to be discharged into the ditch located within the existing drainage easement at the western side of the property. Bottom elevation of the ditch is assumed to be 8.00' o.WP Pryer F'Ju11Ws117S A74 MAC 9uUm Pw.1T rvi..W9At 0iJier County E1S\3,d SUbMh �C011ux Cary MFS NV&c Agenda Item No. 8D September 27, 2005 P.;�lFofdv 108.. feet in the CASCADE routings. The water management system will be permitted per Collier County requirements. Maintenance of the water management facilities will be the responsibility of the subsequent homeowner's association. 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. Goal 6 and Goal 7 of the Conservation and Coastal Management Element of the Growth Management Plan are most applicable to the MAC PUD parcel. Those objectives and policies are detailed below: GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMWJNITIES AND WILDLIFE HABITAT. OBJECT1W 6.1 The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Policy 6.1.1: According to the Collier County Future Land Use Map, the parcel is located in the Urban Residential Subdistrict. The proposed land use for the property is Residential. In this case, due to the size of the parcel, the native vegetation preservation requirement is 15 %. The project will meet the requirements of Section 3.05.07 of the Land Development Code regarding retaining and or preserving 15% of the viable naturally functioning native vegetation on- site, including both the understory and the groundcover emphasizing the largest contiguous areas possible. 15% of the existing naturally functioning native vegetation is 1.32 acres. All indigenous vegetation on the property is made up of the same FLUCFCS community ( FLUCFCS 411, pine flatwoods). This is what is proposed for preserve. The site is currently very segmented by disturbed areas, existing roads, and drainage easements. However, a single wide preserve is being provided along the north property line. It aligns with the preserve already approved for the Triad Project to east. The preserve also ties into the existing buffer\preserve area for Woodside Lanes to the west. The PUD Master Plan delineates 1.26 acres (95 %) of the required indigenous vegetation. An additional 0.06 acres of indigenous vegetation will be provided. Policy 6.1.4: A monitoring and maintenance plan will not be required by the SFWMD or ACOE. A maintenance plan for the removal of exotic vegetation has been G WP I'Mien Fllef WA37S A74 MAC Builders Parod\EnvironnsmfJ%Collw CouM EIS\3rd SnbminaKol6Gr Coumy EMNF.doe Agenda Item No. 8D September 27, 2005 P 96W108 developed for Collier County. A copy of the plan is attached. It is titled M_ AC PUD- Preserve Maintenance Plan". Policy 6.1.8: Refer to this document. OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands. The following policies provide criteria to make this objective measurable. These polities shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Policy 6.2.1: A wetland jurisdictional with the SFWMD was conducted on January 20, 2005. Laura Layman confirmed that the property does not contain jurisdictional . wetlands. See attached email from Laura that confirms her site visit. We have yet to receive the letter from the SFWMD. A copy of the wetland jurisdictional will be forwarded to the County as soon as it is received. GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OHJZCTM 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Policy 7.1.2: A variety of assessments and wildlife surveys, including Red Cockaded Woodpecker (RCW) surveys, have been conducted on the property in the last several years. Copies of these reports are attached and they include the following: 1. July 18, 2000 RCW survey of Palm Springs Village (Boylan Environmental Consultants, Inc.) 2. January 3, 2002 Environmental Assessment of Palm Springs Village (Boylan Environmental Consultants, Inc.) 3, August 26, 2003 RCW cavity tree memorandum (Hoover Planning) 4. June 18, 2004 Environmental Assessment for RCW and Florida Panther (DeLotelle & Guthrie, Inc.) Although an RCW cavity is present on the property, it has been numerously documented as abandoned from the year 2000 to present. The property owner sent a letter seeking concurrence from the USFWS that the site is no longer suitable for RCW (see June 18, 2004 DeLotelle & Guthrie, Inc letter). A response letter was received from the USFWS on October 8, 2004. They request that prior ` to development a final cavity tree search be made on the property to confirm that there are no additional or new cavity trees. Although this was done in the (3,4W Project Pl 0001YU 75 A74 MAC HuHl Pue"rivironmewAllCollier County Mkd subrwnsilColjer Cotmty ECS- NF ,doc Agenda Item No. 8D September 27. 2005 Phi e500108 previous surveys provided, the applicant will commit to performing this cavity tree search again prior to commencement of construction on the MAC PUD parcel. A copy of the letter is attached. Based on the letter, the USFWS has agreed (with the additional survey) that the project will not harm RCW and no wildlife management plans are necessary. 3.8.5.4 NATIVE VEGETATION PRESERVATION. A. Identify 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). The following FLUCFCS communities are present on the subject property. See enclosed FLUCFCS mapping for specific locations. Name: Pine Flatwoods Code: FLUCFCS 411 Acreage: '839 Acres Description: This makes up the majority property. It is dominated by slash pine and scattered cabbage palm in the canopy. Midstory includes scattered saw palmetto and Brazilian pepper. Other vegetation present includes buckthorn, grapevine, poison ivy, beautyberry, Caesar's weed, pennyroyal, and smilax. SCIENTIFIC NAME COMMON NAME STRATUM 411— Pine Flatwoods buckthorn mid -story Common Brazilian pepper mid -story Piloblephis rigida pennyroyal ground cover Pimes elliotti pine (slash pine) canopy Urena lobata Caesar weed ground cover Smilax spp. Smilax vine Toxicodendron radicans poison ivy vine Vitis rotundifolia muscadine grape vine Occasional Bumelia celastrina buckthorn mid -story Schinus terebinthifoGus' Brazilian pepper mid -story Serenoa repens saw palmetto mid -story Sabal palmetto cabbage palm canopy *invasive exotic Disturbed Lands, FLUCFCS 740. 2,92 Acres This community consists of areas cleared along the margins of the roads. Canopy, midstory, and most groundcover are generally absent. Q W hvjoa Fda\3W5U73 A74 MAC Builden Puod\EnvlromnenldrCDHicr Cooney EIPJsd SubminaPCOVia CaeKy HS A10c Agenda Item No. 8D September 27, 2005 PONP56)Ml 08 Paved oads FLUCFCS 814 0.61 Acres A paved road that has been vacated (Calle Del Rey) is located on the property. 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. According to the Collier County Future Land Use Map, the parcel is located in the Urban Residential Subdistrict. The proposed land use for the property is Residential. In this case, due to the size of the parcel, the native vegetation. preservation requirement is 15%. The project will meet the requirements of Section 3.05.07 of the Land Development Code regarding retaining and or preserving 15% of the viable naturally functioning native vegetation on -site, including both the understory and the groundcover emphasizing the largest contiguous areas possible. 15% of the existing naturally functioning native vegetation is 1.32 acres. The PUD Master Plan delineates 1.26 acres (95 %) of the required indigenous vegetation. An additional 0.06 acres of indigenous vegetation will be provided. The following °- table provides a breakdown of each FLUCFCS community on the parcel and the proposed impact \preserve percentages. Per Entire Parcel Per FLUCFCS Community FLUCFCS Code -Existing Acres a Existing Percent Impact Acres a Impact ' Percent Preserve Acreage Preserve Percent 411 8.79 81.7% 1 7.47 85% 1.32 15% 740 1.68 15.61/4 1.65 100% 0 814 0.29 2.7% 0.29 100% 0� Totals: 10.76 100% 9.41 I Total: 1 1.32 15.0% 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 documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. N.A. The site has a historically platted and constructed road. The property is currently zoned for commercial use and is not in agricultural use. G.%WProjeq FUes13WsV 75 A74 MAC Builder, Pwcd\EnvironmeMgi\Colrw County ELSUid SubmioeTColh" Cowan F1SNF.doc Agenda item No. 8D September 27, 2005 PBVt5108 C. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide: an explanation if they are different from what is proposed. No, the property was not subject to any previous preservation requirements. 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. N.A. The site sloes not contain an "Sr" overlay. 3.8.5.5 WETLAM8. 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 FLUCFCS categories identified on- site by vegetation type (species), vegetation composition (canopy, midstory 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. The parcel does not contain jurisdictional wetlands. No wetlands will be impacted by the construction of the proposed project. B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves /affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. The parcel contains no wetlands. The water table is entirely below the surface of the ground at all times of the year, so seasonal high water levels cannot be determined using biological indicators. Due to the surrounding development, it is anticipated that the control elevation of the property will be determined by elevations set for adjacent permitted projects. The project control elevation and surface water management permitting will be processed through Collier County. C.Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions 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 wetlands have been minimized. G.*W FfOOMI FiletU 075 A74 MAC Buildan County EES%3rd Su wdit , ANW Carry EIS -NFAm Agenda Item No. 8D September 27, 2005 Paw VO St 08 The parcel does not contain jurisdictional wetlands. No wetlands will be impacted by the construction of the proposed project. 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. The parcel does not contain jurisdictional wetlands. No wetlands will be impacted by the construction of the proposed project. . 3.6.5.6 Surface and Ground plater 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. There are no significant water management issues. Below is a description of how the surface water management system will be designed and function: Water Vii nMment System Description , See PUD- Master Plan, Exhibit A for proposed locations of water management piping and structures. The surface water management system will utilize a dry detention method of treatment. It consists of a series of catch basins used to collect the surface water runoff and pipes to distribute storm water under and above ground to the dry detention areas. Project runoff' is proposed to be discharged into the ditch located within the existing 30 foot drainage easement at the western side of the property. Bottom elevation of the ditch is assumed to be 8.00' feet in the CASCADE routings. The water management system will be permitted per Collier County requirements. Maintenance of the water management facilities will be the responsibility of the subsequent homeowner's association. The parcel contains no wetlands. The water table is entirely below the surface of the ground at all times of the year, so seasonal high water levels cannot be determined using biological indicators. Due to the surrounding development, it is anticipated that the control elevation of the property will be determined by G WP hoica Fi esUOM75 A74 MAC BaddWS Prrc�lb* County FJ" d SubmiU"oJ.4nr CmM EIS-NF doc Agenda Item No. 8D September 27, 2005 Ply 1108 elevations set for adjacent permitted projects. The project control elevation and surface water management permitting will be processed through Collier County. B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings 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 methodologies approved by Federal and State water quality agencies. Not Applicable. The project is proposing no wetland impacts. C. Identify 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. Not Applicable. There are no WRM -STs within the project area. 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. A variety of assessments and wildlife surveys, including Red Cockaded Woodpecker (RCW) surveys, have been conducted on the property in the last several years. Copies of these reports are attached and they include the following: 5. July 18, 2000 RCW survey of Palm Springs Village (Boylan Environmental Consultants, Inc.) 6. January 3, 2002 Environmental Assessment of Palm Springs Village (Boylan Environmental Consultants, Inc.) 7. August 26, 2003 RCW cavity tree memorandum (Hoover Planning) 8. June 18, 2004 Environmental Assessment for RCW and Florida Panther (DeLotelle & Guthrie, Inc.) Although an RCW cavity is present on the property, it has been numerously documented as abandoned from the year 2000 to present. The property owner sent a letter seeking concurrence from the USFWS that the site is no longer suitable for RCW (see June 18, 2004 DeLotelle & Guthrie, Inc letter). A response letter was received from the USFWS on October 8, 2004. They request that prior G.V0 hojo NW3WsU75 A74 MAC Builders Px".,a .MaK@JiCoWw County FJS\1td &km=IWdRer Couny ©S- lif.doo Agenda Item No. 8D September 27, 2005 F'�e ►��d6108 to development a final cavity tree search be made on the property to confirm that there are no additional or new cavity trees. Although this was done in the previous surveys provided, the applicant will commit to performing this cavity tree search again prior to commencement of construction on the MAC PUD parcel. A copy of the letter is attached. Based on the letter, the USFWS has agreed (with the additional survey) that the project will not harm RCW. See the table in item (B.) below for listed species which mi "ht reside in habitat similar to what exists on this property. B. Identify 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. T_-_ -�_A t :..a F +U— xl A r DT TTl na q pl 9r e- ^w4tirfa to PT I TrP(','R nsteanrv_ FZUCFCS Potential Listed Species - Scientific Name Designated Status FWC or FDA FWS 411 Beautiful Pawpaw Deeringothamnus pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T - Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia Burmannia (lava E - Florida Black Bear Ursus americanus floridanus T - Florida Coontie Zamia floridana C - Florida panther Felis concolor coryi E E Gopher Frog Rana capito SSC - Gopher Tortoise Gopherus Polyphemus SSC - Red- Cockaded Woodpecker Picoides borealis T E Saddeaf Chrysophyllum oliviforme E - Southeastern American Kestrel Falco sparverius Paulus T - Twisted Air Plant Tillandsia fl"ousa E - Abbreviations: A ci FWC— Florida Fish and Wildlife Conservation Commission FDA — Florida Department of Agriculture and Consumer Services FWS= United States Fish and Wildlife Service E =Endangered T= Threatened T(S /A)= Threatened/SirnHarity of Appearance SSC--Species of Special Concern D. 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. No listed species have been documented actively using the property. Red belly woodpeckers are utilizing the abandoned RCW cavity tree. The project has minited impacts by providing 15% indigenous vegetation on the property. Ci-*W Project Fik*\3M31775 A74 MAC Builders P �Cousrg M"rd Submj4t&KoJUw COY ESS,%M dot Agenda Item No. 8D September 27, 2005 PRO fs108 E. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nest* 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 have been documented actively using the property. Red belly woodpeckers are utilizing the abandoned RCW cavity tree. F. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. The property owner sent a letter seeking concurrence from the USFWS that the site is no longer suitable for RCW (see June 18, 2004 DeLotelle & Guthrie, Inc letter). A copy of the letter is attached. A response letter was received from the USFWS on October 8, 2004. They request that prior to development a final . cavity tree search be made on the property to confirm that there are no additional or new cavity trees. Although this was done in the previous surveys provided, the applicant will commit to performing this cavity tree search again prior to commencement of construction on the MAC PUD parcel. A copy of the letter is attached. Based on the letter, the USFWS has agreed (with the additional survey) that the project will not harm RCW. 3.8.5.8 OTHER. A. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. Not Applicable. The project is not located adjacent to the Gulf of Mexico. . 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. The majority of the property is wooded. Although it contains a platted paved road, no construction or other utilization of the property has been carried out. Therefore, no phase one environmental audits have been required. 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. G *W Project F4esU0VsU75 AN MAC Buil&ro PwcdT-A lrooment K006r Co=ry BlS1Ad S*mhW Co6R Coarny OSd.F.doe Agenda Item No. 8D September 27, 2005 P4j#Woff�08 Not Applicable. The project is not located within the Big Cypress Area of Critical State Concern. 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 amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. The majority of the property is wooded and was not previously an old farm site or golf course. No soil or ground water sampling has been conducted and it is expected that none would be necessary. 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 or archaeological surveys have been conducted on the subject . property, however a letter was submitted to the Division of Historical Resources requesting that they review the Florida Master Site File. A response was received that states no historical properties or significant historical resources are expected on the property. See attached letter. QW Projed FikA3WW75 A74 MAC Btdi M PVO Ab- how e.WMColliv Coway EiS13W Sub OW9l Co W Coum7 EISIF.doe HOOVE & DEVELOP, Land, Environmental & Traffic Planning Consultants 3785 Airport Road North, Suite B -1, Naples, Florida 34105 Jeremy C. Sterk Education St. Cloud State University, B.S.. Magna Cum Laude. Aquatic Biology, 1994. Professional Affiliations National Association of Environmental Professionals Florida Association of Environmental Professionals Work History December 2002 to Present Environmental Consultant 1 Land Planning Consultant Hoover Planning & Development. Inc. Naples, Florida September 1994 to December 2002 Environmental Consultant Boylan Environmental Consultants, Inc. Ft. Myers, Florida Professional Experience • Vegetation & Habitat Mapping • Environmental Assessments • Protected Species Surveys • Species Management Plans • Wetland Delineation • Wetland Jurisdictional Determinations • Environmental Impact Statements (EIS) • Mitigation Planning & Design • Wetland Monitoring ■ Post Permit Compliance No. 80 7, 2005 :of 108 ■ GIS / GPS Mapping • Environmental Resource Permitting (ERP) ■ Environmental Land Use Planning • Site Planning • Native Vegetation Restoration Plans • Gopher Tortoise Relocations • Incidental Take Permitting • PUD Submittals • Conditional Use Requests • Rezone Requests Experience in Lee, Collier. Charlotte, Glades. and 1-[endrN Counties. Other Professional Experiences 1994. Wrote & published commercial computer soh\%are for the rapid identification of freshwater algae, Computer Assisted Algal Reco <gnition (CAAR). 1996. Headed a field research pruject using, telemetr% tracking tv Study the S�vlmming speed of lemon sharks in the Bahamas. 1998. Wrote an ecolog ical assessment conlplltel' model for tilt: South Florida Water;4lanagelnent District that was part of the South Lee C011ntl \Vatershed Study. Land Planning: (239) 403 -8899 F'xj Environmental: (239) 403.8333 ' P�. N' v TWELVE SABLE DR pAl,tti LAKE OR SEO;P'L_CIA "Ptc,,/ Site Location' HERITAGE LJIJh S CT 0 2003 DoLorme. StFoet Atlas USA* 2004 wwwdolwme.com StIvelt Atha US^* =" 25hi AYS SW 27TH AVE SIN 29TH AVE IV_ 31STAVESW rn m 12 PI.A YER 5 9 ISS G U Bf,,p E -0 R' ; B Scale 1 25,000 oc 21T'H AVE SW Z'— A . c E . .... cc E 3 Syr„ ?L SW SW xqe JP 2m— 1 2ETN —C , Tjv —PL Skv MIT" AYE SW 4A G - - i ST.PL SW .3 rn 12M AVE SW ' P�. N' v TWELVE SABLE DR pAl,tti LAKE OR SEO;P'L_CIA "Ptc,,/ Site Location' HERITAGE LJIJh S CT 0 2003 DoLorme. StFoet Atlas USA* 2004 wwwdolwme.com StIvelt Atha US^* =" 25hi AYS SW 27TH AVE SIN 29TH AVE IV_ 31STAVESW rn m 12 PI.A YER 5 9 ISS G U Bf,,p E -0 R' ; B Scale 1 25,000 LO 00 O Q CD r- N Q N � N N -00) E a Q1 CO E z Rye -inos sOwdg wl8d 1 N '? m J m 12 V 8 I _C G 7 � C « _ N N C1 CD J �y U U) o o CD CO (n =i� c °? h cl .5 40 LL. _j Q m Zoac 11 _ v r- +"' N ap .a Q� z U E-H z w a. O a W W A C7 �I d a a W O O x vi O aM �o az w 'C3 O • � Q 00 Wr- �..y r rl V a Agenda Item No. 8D September 27, 2005 Page 65 of 108 APPLICATION FOR PUBLIC HEARING FOR: NFUD REZONE (PUDZ) ( PUD TO PUD REZONE (PUDZ -A) Petition No.: Date Received: 1- General Information: Planner Assigned: Commission District: ABOVE TO BE COMPLETED BY STAFF Name of Applicant(s) MAC Builders. Inc. Applicant's Mailing Address 15841 Pines Byrd.. #388 City Pines State FL Zip 33027 Applicant's Telephone # 305- 597 -4060 Fax # 305 -597 -3878 Applicant's E -Mail Address:_ ci7elozzz@aol.com Name of Agent Tim Hancock. AICP Firm�Talon Management. Inc. Agent's Mailing Address PO Box 9229 City Naples State FL Zip 34101 Agent's Telephone # 262 -6197 Fax #262-6198 Agent's E -Mail Address: Co- Agent: R Bruce And COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400JFAX (941) 643 -6968 Application For Public Hearing For PUD Rezone SP -9/03 Agenda Item No. 8D *Be aware that Collier County s lobbyist regulations. Guide ourself according jptember 27, 2005 t3' Y� b Y b Page 66 of 108 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: NA Mailing Address City State Zip Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Master Association: NA Mailing Address City State Zip City State Zip City State Zip Name of Civic Association: NA 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 vAdth an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Application For Public Hearing For PUD Rezone 8/'`'9/03 Agenda Item No. 8D September 27, 2005 Page 67 of 108 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 Percentage of Stock Carlos Veloz, Pres. 50% 15841 Pines Blvd. #388. Pines, FL Alex Garcia, V.P. 25% 15841 Pines Blvd. 39388, Pines, FL Mike Garcia. Treas. 25% 15841 Pines Blvd. #388. Pines, FL 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 COATTRACT 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 PUD Rezone 8/29/03 Agenda Item No. 8D September 27, 2005 Page 68 of 108 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 C. Date subject property acquired (X) leased ( ):4/9/04 Term of lease yrs. /mos_ If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of oimership 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 legal 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: 34 Township: 49S Range: 26E Lot: Block: Subdivision: Plat Book Page m: Property I.D.4: Metes & Bounds Description: _See attached Warranty Deed for legal and Property ID's Size of property: +/ -602 ft. X +/ -779 ft. = Total Sq. Ft. 468.706 Acres 10.7 Address /general location of subject property: Northwest comer of Radio Road extension and Palm Springs Blvd. 6. PUD District (L.DC 2.2.20.4) Application For Puhlic Hesrine For PUD Rezone 8/29!43 ® Residential ❑ Community Facilities ❑ Commercial ❑ Industrial 7. Adiacent zonia- and land use: Zoning Land use Agenda Item No. 8D September 27, 2005 Page 69 of 108 N RMF -12(7) Single Family S NA Radio Road Ea-tension and Davis Blvd. E C -1 Undeveloyed Commercial _ W PUD _Developed Commercial —_Woodside Bowling Alley and Lounge 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: Lot: Block: Subdivision: Plat Book Page ,: Property I.D. #: Metes & Bounds Description: 8. Rezone Request: This application is requesting a rezone from the C -1 and C -2 zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant undeveloped commercial Proposed Use (or range of uses) of the property:_ Residential Multi - Family Original PUD Name: NA Ordinance No.: 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Application For Public Hearing For PJJD Rezone 8/29/03 Agenda item No. 13D September 27, 2005 Page 70 of 108 PUD Rezone Considerations (LDC Section 2.7.3.2.x) I. The suitability• of the area for the hpe and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. This petition seeks to convert 10.76 acres of land zoned C -1 and C -2 to PL-D for the development of Residential Multi - Family use at a maximum gross density of 9.29 upa for a total of 100 units. The property was down -zoned from higher intensity commercial to C -1 and C -2 during the Zoning Reevaluation Process in the early 90's and represents a transitional parcel lying between property zoned RMF -12(7) and Radio Road with Davis Road a Iittle further to the South. On the east lies undeveloped C -1 lands and on the West is fully developed commercial property for Woodside Lanes, a bowling alley with a bar/lounge. The property to the north while zoned for Multi- family appears to be developed as single family on lots that are typically larger than most in the area. The setbacks for each house due to the larger lots range from approximately 30' to almost 1001. The proposed project is for two-story town homes that will be a conservation area of existing upland pine trees. This will provide a distance of 80 to 150 feet between structures which far exceeds any separation required by the code. The height of the buildings will compare favorably with that of permitted single family construction and the building standards are comparable to the RMF -6 zoning district. These factors combined with providing the landscape buffer required by the Collier County LDC all combine to create a compatible relationship with the adjacent 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. The land is owned by the petitioner and is under the control of MAC Builders, Inc. Any common areas within the project including all preserve areas will be owned and maintained by a Homeowners or Condominium Association. .J. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The project as proposed is consistent with the Growth Management Plan through the application of the development standards contained in this PUD. Listed below are key policies and objectives that are applicable to this project: Policy 5.1: The project as proposed represents a reduction in intensity for the subject property. Since the general land use characteristics of residential use are considered to be less of an impact as compared to residential, the primary are of focus is on the impact to local roadways. 10.76 acres could support a combination of office use and convenience commercial that could easily result in 100,000 to 150,000 square feet of commercial space in a multi- story building or buildings. When the traffic impacts of that level of commercial are compared with 100 multi- family units, the proposed traffic impacts are substantially lower. The project as proposed utilized heights similar to or less than that permitted in the C -1 and C -2 zoning districts and the lack of commercial waste pick -up that would surely occur in the rear of the building represents a lessened impact to the neighborhood North of the property. Policy 5.4: The proposed development is compatible with, and complimentary to surrounding land uses, meeting the compatibility criteria of the LDC as identified in this application. The projects proposed density of 9.29 upa is consistent with the GMP under the Conversion of Commercial Zoning designation. The property is not located within an Activity Center, is not consistent with the Neighborhood Village Center Sub - district and is therefore eligible to request up to 16 units per acre. The proposed density of 9.29 ups acre was determined based on the preparation of a site plan that recognized surrounding land uses and achieved land use compatibility with adjacent properties. Policy 2.2.2 of the Conservation and Coastal Management Element (CCME) is furthered with the water management design of the project which utilizes conservation areas for water management, thereby reducing the cumulative impacts of run -off through improved water quality treatment. Application For Publie Hearing For KID Rezone 8/29/03 Agenda Item No. 8D Policy 6.1: The project is will preserve the required native vegetative communities in the la Best cS i e �, (Q$ possible, while permitting for a reasonable plan of development. The attached PUD Master Plan accom s s this goal. Policy 6.1.8: An E1S has been completed and is submitted as part of this application. While there are no wetlands on the property, an old RCW cavity tree does exist on site. The tree has been monitored over a period of years and documentation has been provided indicating the abandonment of the cavity tree. 4. The internal and external compatibility ofproposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD mirrors the buffering requirements of the LDC with regard to Multi- Family development. In addition, a conservation easement has been placed adjacent to the only adjacent residentially zoned property will in excess of the LDC requirement. The height of the proposed buildings is two -story which compares favorably with typical single family residential building heights. Through the application of development standards that are mostly equal to and in some cases more stringent than the adjacent properties, the project achieved external compatibility. The consistent design and application of development standards, building sizes and types of units results in internal compatibility also. J. The adequa y of usable open space areas in existence and as proposed to serve the development The project will meet or exceed the required open space per the LDC and has additional common area that will be set aside for the residents use. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements - ` and facilities, both public and private. The project will comply with the County Adequate Public Facilities Ordinance.. No capacity issues are known at this time. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This PUD will fully utilize the subject property and room for expansion is not a consideration. The land to the East however is similarly zoned and may at some point request zoning to permit multi - family development since the re- routing of Radio Road has taken away the previous trip counts that supported commercial use. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application ofsuch regulations. The project as proposed meets the Collier County Land Development Code requirement for Multi- family development with one exception. Due to the small size of the development, the limited number of units and the planned internal loop road, the developer is requesting consideration to place a sidewalk on one side of the road only. The sidewalk will connect fully without "dead ends" inside the project and will create a pedestrian loop for the safe enjoyment of residents. 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. Application For Public Hearing For PUD Rezone $129103 Agenda Item No. 8D September 27. 2005 10. Previous land use petitions on the subiect property: To your knowledge, 1Rvga7 i1i1Q8 hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre - application meeting. a A copy of the pre - application meeting notes; b . If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8%2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet; depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. e. 'Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section )3 9.5.5.4.)_ Application For Public Hearing For PUD Rezone 8!29103 Agenda Item No. 8D September 27, 2005 Page 73 of 108 f Statement of utility provisions (with all required attachments and sketches); cr A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. j. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert . M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102 -9998 Phone (239) 435 -2122; Fax (239) 435 -2160 k. An electronic version of the PUD on a disk as part of this submittal package. 1. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land 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 = $800 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees Application For Public Hearing For PUD Rczone 8129103 Agenda Item No, 8D PUD REZONE APPLICATION September 4 2005 Page 74 of 108 SUBMITTAL CHECKLIST THIS COMPLETED CREC'KLIRT TC Tn Ur crrn1Vff- r'rrn 'V17r-rXX A DDT Tr A 111Tl11a7 „ . rt,.. - -- - -• . �... �� . L�i� na,i�c running Review * 1 additional copy if for affordable housing As the authorized agentlapplicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. 7// Agent/Applicant Signature Date Application For Public Hearin For PUD Rezone 824/03 - -- - -- . "L REQUIREMENTS "lllA ,A # OF COPIE S A AJJt%_t VlIN REQUIRED r�t _AZ t: NOT REQUIRED 1. Completed Application/PUD documents 24x X 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Corporation 2* 3. Completed Owner /Agent Affidavit, Notarized 2 4. Pre - application notes /minutes 24* 5. Conceptual Site Plans 24,E 6. Environmental Impact Statement - (EIS) 4 x 7. Aerial Photograph - (with habitat areas identified) 5* x S. Completed Utility Provisions Statement (with required attachments and sketches) 4 X 9. Traffic Impact Statement - (TIS) 7 X 10. Historical & Archaeological Survey or Waiver Application 4 x 11. Copies of State and/or Federal Permits 12. Architectural Rendering of Proposed Structure(s) 13. ®Application Fee — "PUD Rezone" = S10,000 + S25 per acre QNComprehensive Planning Consistency Review = $2,250 N Application Fee — "PUD to PUD Rezone" = $8000 + $25.00 per acre Fire Code Review = S150 EIS Review = $1600 Check shall be made payable to: Collier County Board of Commissioners 4 4 x x 14. An electronic copy of all plans and documents on a dish as art of the submittal packet. j x 15. Affordable Housing Density Bonus Agreement including all Appendices and Exhibits. 4 16. Boundary Sun,ey (no more than 6 months old) 5 x 17. Letter of no objection from the United States Postal Service 1 X 18. OTHER REQUIREMENTS: * DnCnmPnfc r. —,;, -A P-- r _ - n __ _ - -- - -• . �... �� . L�i� na,i�c running Review * 1 additional copy if for affordable housing As the authorized agentlapplicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. 7// Agent/Applicant Signature Date Application For Public Hearin For PUD Rezone 824/03 Agenda Item No. 8D September 27, 2005 Page 75 of 108 Date: Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We we in the Palm Springs subdivision and this in regards to the proposed MAC PUD. A$ you know, the neighbors greatly supported the Triad PUD because the builde r rPwor worked closely with our neighborhood. Unfortunately, this is not the case with the proposed As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C-1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, 14 rn (' 5549, u ► %' ! �� _.. - Agenda Item No. 8D September 27, 2005 Page 76 of 108 Date: O'/ • d cV - a D v 1-i- Collier County Planning Board Members CIO Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood.. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, Name Address Agenda Item No. 8D September 27, 2005 Page 77 of 108 Date:—M/aa Collier County Planning Board Members CIO Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, C) 0 b ��m 1� 1YX Name Address Q a Q 61 � L 314 10 iA Agenda Item No. 8D September 27, 2005 Page 78 of 108 Date: 6—P — Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are Manning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C-1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, "-;A 4 Name Ir r dress �� t Agenda Item No. 8D September 27, 2005 Page 79 of 108 Date: 47-1-2/0 S Collier Couniy Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built I and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, l e Address Agenda Item No. 8D September 27, 2005 Page 80 of 108 Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 _Re_ MAC TUD-_ _ . Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, Ar, �a ') 4'" j Name Address Agenda Item No. 8D September 27, 2005 Page 81 of 108 Date:T a /� Collier County Planning Board Members C/o Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly oonoemed with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe It will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C-1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, ame .-l�- . Address -O Agenda Item No. 8D September 27, 2005 Page 82 of 108 Date. Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD: As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4-bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, ame Address f Agenda Item No. 8D September 27, 2005 Page 83 of 108 Date: /7 Collier County Planning Board Members CIO Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. - As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you D© NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, �L"'jj � Name - Address Agenda Item No. 8D September 27, 2005 Page 84 of 108 Date: 30 ZpdJ Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2$00 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, Name 7,Zf 6--- Z'7 / �l elj Address Agenda Item No. 8D September 27, 2005 Page 85 of 108 Date: Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the ilde PUD.ed closely with our neighborhood. Unfortunately, this is not the case with the proposed M - As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. by MAC strain I furthr small street (Palm Springs Blvd.) by adding a vehicle density as proposed y Y distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and mowed here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, Name U,2- Pj a Address Agenda Item No. 8D September 27, 2005 Page 86 of 108 Date: � �i oZ 07,5 Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, PL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly eoncemed with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the oontinuity of our neighborhood. They are planning large people density through numerous 44bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, Nra:me C-11A /� �2- Address Agenda Item No. 8D September 27, 2005 Page 87 of 108 Date: Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder p red closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC _. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Hoard of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, r_'er� Agenda Item No. 8D September 27, 2005 Page 88 of 108 Date: 17`0 � - Q Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping In front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, Name Address Agenda Item No. 8D September 27, 2005 Page 89 of 108 WE �-! dvmlm� Collier County Planning Board Members CIO Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincer y, Name Arlrlroca Agenda Item No. 8D September 27, 2005 Page 90 of 108 Date:QC Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which wi8 enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C-1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you Na Address Agenda Item No. 8D September 27, 2005 Page 91 of 108 Date: (AZ Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We Cure in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, _ Name U ``t ;5 V'�m Address Agenda Item No. 8D September 27, 2005 Page 92 of 108 Date: Jy ;,% aw�- Collier County Planning Board Members C/O Michael Bozi, Principal. Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked ck)sely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe oondition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, irk Name r76 A rW— ovyle Address f FL, 3`110k1 Agenda Item No. 8D September 27, 2005 Page 93 of 108 Date: Collier County Planning Board Members C/o Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development Therefore, we are asking that you 00 NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C-1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, am Address '5m vrru dAPL S 1Z L 341o4, Agenda Item No. 8D September 27, 2005 Page 94 of 108 Date:? 1r6 Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members_ We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfiortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood_ They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, J Name 73 Address le f WO y Agenda Item No. 8D September 27, 2005 Page 95 of 108 Date: Collier County Planning Board Members C/o Michael Bozi, Principal Planner ODES 2800 North Horseshoe hive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Hoard of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, Name Address Agenda Item No. 8D September 27, 2005 Page 96 of 108 Date: .-� C 5 Collier County Planning Board Members CIO Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping In front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Address Agenda Item No. 8D September 27, 2005 Page 97 of 108 Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2840 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD - Dear Bo8rd'1UFembers: _. We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 443edroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, --T—dt ri c3 Name 3 3J41c4l Address RECEIVED 'AUG 0 i 2tt S Date: Z aos� Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: Agenda Item No. 8D September 27, 2005 Page 98 of 108 RECEIVED AUG 0 3 2005 ZONING DEPARTMENT We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, Name Address Agenda Item No. 8D September 27, 2005 Page 99 of 108 RECEIVED AUG 0 3 7005 ZONING DEPARTMENT Date: Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concemed with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of county Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. - Thank you. Sincerely, Date: VA -) /- -) Collier County Planning Board Members C/0 Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: Agenda Item No. 8D September 27, 2005 Page 100 of 108 RECEIVED AUG 0'3 ?or,5 ZONING DEPARTMENT We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, Name 7.1.3 R 1z, yA6 r L.i, �/ ,,r) y GL Address Date: �" (�✓ Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: Agenda Item No. 8D September 27, 2005 Page 101 of 108 RECEIVED AUG 0 3 2005 ZONING DEPARTMENT We five in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, nuu1 aaO Agenda Item No. 8D SeUffi ft2� AUG 0'3 2005 ZONING DEPARTMENT Date: A (JCs. Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD Is not in keeping with the continuity of our neighborhood. 'They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built y and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, MA P, I. Name � 6�a'5 -PINE \ /ALA d� Address Agenda Item No. 8D September 27, 2005 166 AUG 0 3 2005 ZONING DEPARTMENT Date:—(31 A u G u ST" Z v 0S Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES _ 2800 North Horseshoe hive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are pianning large people density through numerous 443edroorn units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C-1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, S L— Name (x'3 pin. t-)Zs fi 4-)- Address - Date: k Q1. - o Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: Agenda Item No. 8D September 27, 2005 Page 104 of 108 RECEIVED AUG 0 3 2005 ZONING DEPARTMENT We We in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments-in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built _ and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, WRAVOW I �i _ Ill_ u ' Date: Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: Agenda Item No. 8D September 27, 2005 Page 105 of 108 RECEIVED AUG O 3 2005 ZONING DEPARTMENT We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4-bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, Agenda Item No. 8D September 27, 2005 AtMV9 D AUG 0 3 2005 ZONING DEPARTMENT Date: Collier County Planning Board Members C/O Michael Bozi, Principal Planner ODES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from an of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd,) by adding a vehicle density as proposed by MAC will truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4-bedroom units. Furthermore, they are not installing a lake, significant landscaping In front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Hoard of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C-1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank you. Sincerely, Name 650 /°a/ Address Agenda Item No. 8D AUG 0'3 2005 ZONING DEPARTMENT Date: Collier County Planning Board Members Cl0 Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. _. As a neighborhood, we are greatly conoemed with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC Mil truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Board of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank yott. Sincerely, Name Add /1� �:: �/ / C, '5; AUG 0 3 2005 ZONING DEPARTMENT Date: Collier County Planning Board Members C/O Michael Bozi, Principal Planner CDES 2800 North Horseshoe Drive Naples, FL 34104 Re: MAC PUD Dear Board Members: We live in the Palm Springs subdivision and this in regards to the proposed MAC PUD. As you know, the neighbors greatly supported the Triad PUD because the builder worked closely with our neighborhood. Unfortunately, this is not the case with the proposed MAC PUD. As a neighborhood, we are greatly concerned with this PUD. The impact from all of the developments in this area is already greatly affecting our roadways. To put a strain on a small street (Palm Springs Blvd.) by adding a vehicle density as proposed by MAC wiil truly further distress this road. We believe it will cause an unsafe condition for our neighborhood. We also believe that the MAC PUD is not in keeping with the continuity of our neighborhood. They are planning large people density through numerous 4- bedroom units. Furthermore, they are not installing a lake, significant landscaping in front of the units, or fascias which will enhance the look of the development. Therefore, we are asking that you DO NOT recommend to the Hoard of County Commissioners approval of the zoning change for the MAC PUD. We knew the zoning was C -1 when we built and moved here, and we ask that the zoning remain the same, Commercial. Thank yot:. Sincerely, Name Add Agenda Item No. 8E September 27, 2005 Page 1 of 30 - EXECUTIVE SUMMARY A request that the Collier County Board of County Commissioners (Board) adopt an ordinance amending Ordinance No. 04 -41, as amended, the Collier County Land Development Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by the Board for the following purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP- 2004 -4. Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP- 2003-11 to the GMP as well as further implementing the TDR Bonus Credits and Rural Village Standards as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit Development (PUD) Procedures is to add provisions for PUD expiration and retirement of excess numbers of dwelling units. OBJECTIVE: To amend the provisions of the Collier County Land Development Code (LDC) to best serve the interests of the citizens of Collier County. CONSIDERATIONS: The CCPC voted unanimously to recommend denial of the amendment to Section 10.02.13 over the question of whether or not the owner of a property has the right to retain the option to utilize un -built permitted dwelling units at a later date. The Collier County Planning Commission (CCPC) voted unanimously to recommend approval of the amendments `1 to Sections 2.03.07 and 2.03.08. FISCAL IMPACT: The operational impact of this amendment is directly related to the staff time dedicated to the PUD monitoring function outlined here within. An evaluation of the necessary staff time to apply the Built -Out status to candidate PUDs involves the following: 1.) Identification of PUDs into Planning Communities after researching all exemptions 2.) Verification of PUD densities for each candidate PUD 3.) Writing findings reports 4.) Establishment of tracking processes 5.) Monitoring of tracking processes 6.) Preparation and mailing of notifications to Master Associations and then to individual owners, and legal advertisements 7.) Payment of application fees. 8.) Recordation expenses Staff hours estimated for the work to evaluate, quantify, verify and prepare all reports for a Planned Unit Development Amendment (PUDA) for all twelve (12) Planning Communities, will require five thousand and eight labor hours (5,008). The established process currently prescribed for a PUDA will be utilized for the Twelve (12) Built -Out Amendments recognized by this LDC amendment. Each of the twelve (12) Planning Communities will bear application fees, costs corresponding to the certified notifications and legal notifications, and recordation expenses. The PUDA cost for one Planning Community Built -Out Amendment is estimated to be approximately seventy -nine thousand dollars ($79,000.00). GROWTH MANAGEMENT IMPACT: The first two of three amendments, which would be .-. adopted under this ordinance, are intended to bring the LDC into consistency with new amendments to the Growth Management Plan. The third amendment, PUD expiration and retirements of excess numbers of dwelling units, will have no impact on the Growth Management Plan. Agenda Item No. 8E September 27, 2005 Page 2 of 30 LEGAL CONSIDERATIONS: This ordinance has been reviewed for legal sufficiency by the County Attorney's Office. RECOMMENDATION: Staff recommends that the Board adopt these amendments to the LDC to foster greater participation in the TDR program. Staff recommends adoption of the provisions for PUD expiration and retirement of excess numbers of dwelling units to strengthen the accuracy of the Concurrency Management System to coordinate the availability of new capacity with the impacts of current final local development orders. Prepared by: Catherine Fabacher Principal Planner, LDC Zoning & Land Development Review Agenda Item No. 8E September 27, 2005 Page 3 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8E Item Summary: This item to be heard at 11:00 a.m. A request that the Collier County Board of County Commissioners (Board) adopt an ordinance amending Ordinance No. 04-41, as amended, the Collier County Land Development Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by the Board for the following purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP- 2004 -4. Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP- 2003 -11 to the GMP as well as further implementing the TDR Bonus Credits and Rural Village Standards as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit Development (PUD) Procedures is to add provisions for PUD expiration and retirement of excess numbers of dwelling units. Meeting Date: 9/27/2005 9:00:00 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/20/2005 9:42 AM Approved By Constance A. Johnson Operations Analyst Date w Community Development & Community Development & Environmental Services Environmental Services Admin. 9120/2005 10:44 AM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 9/2012005 10:51 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development& Community Development& Environmental Services Environmental Services Admin. 9/20/2005 3:49 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9120/2005 6:38 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/2112005 12:28 PM Agenda Item No. BE September 27, 2005 Page 4 of 30 ORDINANCE NUMBER 05- AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLOWING: CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08, RURAL FRINGE ZONING DISTRICTS; CHAPTER 10 — APPLICATION, REVIEW AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.13, PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, On October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91 -102, the original codification of the Collier County Land Development Code (hereinafter LDC), which has been subsequently re- codified by Ordinance No. 04 -41, as amended; and WHEREAS, the LDC may not be amended more than two times each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to LDC Section 10.02.09; and WHEREAS, On March 18, 1997, the Board adopted Resolution No. 97 -177, establishing local requirements and procedures for amending the LDC; and WHEREAS, on July 26, 2005, the Board approved a special cycle for the provisions set forth in this ordinance; and WHEREAS, all procedural requirements of the LDC Resolution and 97 -177 have been met; and WHEREAS, the Board, in a manner prescribed by law, did hold all required advertised public hearing and did take action concerning these amendments to the LDC; and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS: The above recitals are true and correct and are hereby incorporated by reference herein. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby make the following findings of fact: Collier County, pursuant to Sec. 163.316 1, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act "), is required to prepare and adopt a Comprehensive Plan. Page I of 21 Words stFoek thfe are deleted; words underlined are added. Agenda Item No, BE September 27, 2005 Page 5 of 30 2. After Adoption of the Comprehensive Plan, the Act and in particular Sec. 163.3202(1). Fla. Stat. mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adoption Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1) (b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent wit the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3) Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP ") as its Comprehensive Plan pursuant to the requirements of Sec. 163.3161 et seq. Fla. Stat., and Rule 9J -5, F.A.C. 7. Section 163.3194(1) (a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act. All development undertaken by, and all actions taken in regard to, development orders by, governmental agencies in regard to land covered by such Comprehensive Plan, or element or portion thereof, shall be consisted with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3) (a), Fla. Stat, a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, and other large aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. Section 163.3194(3)(b) Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development permitted are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local governnment. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provisions of transportation, water, sewage schools, parks, Page 2 of 21 Words stfueli thfeagh are deleted; words underlined are added Agenda Item No. 8E September 27, 2005 Page 6 of 30 recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the code. 13. On March 21, 1990, Collier County implemented its concurrency management system as set forth in the Capital Improvement Element and Traffic Circulation Element of the Growth Management Plan by adopting the Adequate Public Facilities Ordinance No. 90 -24, and 14. On January 8, 2003, the County adopted Ordinance No. 03 -01, which provided for substantial amendments to its Adequate Public Facilities Regulations as codified in the Land Development Code (presently Sections 6.02.00 and 10.02.07) to establish basic structure of the current concurrency management system (CMS); and 15. The amended CMS utilizes a real -time, 'checkbook" concurrency system for coordinating the timing of construction of transportation facilities capacity with final local development order approvals; and 16. Nearly fifteen (15) years have elapsed since the adoption of the original concurrency management system and two (2) years have passed since the adoption of the checkbook CMS; and 17. Since adoption of the Growth Management Plan in 1989, the Board of County Commissioners has approved 115+ Planned Unit Development (PUD) Zoning Districts approving a maximum number of 65,000+ new residential dwelling units which may be authorized to be built; and 18. Many of these residential PUD Zoning Districts and residential portions of mixed use PUD Zoning Districts have completed construction of all development areas and phases within those districts, and the number of actual residential dwelling units that have been built are significantly less than the maximum number authorized by the above - described PUD Zoning Districts; and 19. There are presently certain deficient roadway segments operating below their Adopted Level of Service (LOS) Standard within the County, approximately some of which are considered deficient under the checkbook CMS, thereby delaying approval of otherwise permissible final local development orders due to capacity being reserved for a portion of the total number of approved but unbuilt residential dwelling units within the various PUD Zoning Districts; and 20. Presently some roadway segments are operating or projected to operate at an unacceptable LOS within the next five years when the impacts of proposed PUD zoning districts are evaluated under the criteria of Policy 5.1 of the Transportation Element which requires the Board deny approval due to capacity being reserved for a portion of the total number of approved but unbuilt residential dwelling units within the various PUD Zoning Districts; and 21. Neither the PUD Zoning District regulations nor the Land Development Code require that any excess numbers of unbuilt residential dwellings must be built; and Page 3 of 21 Words st:iisl' t4eogh are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 7 of 30 22. The large amount of reserved capacity required as part of the CMS for these approved but unbuilt residential dwelling units may indefinitely delay approval of otherwise acceptable new development on the potentially deficient or deficient roadways; and 23. This has resulted in a situation that could affect development on such roadway segments for many years and result in the unneeded or premature expenditures of public resources to create capacity for transportation facilities; and 24. By eliminating these approved but unbuilt residential dwelling units within the various PUD Zoning Districts the County further intends to strengthen the accuracy of its CMS to coordinate the availability of new capacity with the impacts of current final local development orders; and 25. The County hereby determines that it is in the best interest of the residents of the County to establish a processes that will allow for the voluntary termination of, or authorize the County to terminate the development rights for, the approved but unbuilt residential dwelling units in the various PUD Zoning Districts to reflect the actual number of built units; and 26. The County further determines that it would serve a public purpose and it is in the best interest of the residents of the County to require that the regulations for all new PUD Zoning Districts as well as existing PUD Zoning Districts that are being, or will be amended, provide for an expiration date for further residential development. SECTION THREE A: AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Amend the LDC as follows: 2.03.07 Overlay Zoning Districts D. Special Treatment Overlay "ST ". 4. Transfer of Development Rights (TDR). c. TDR credits from RFMU sending lands: General Provisions I. Creation of TDR credits. a) TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit per 5 acres of RFMU Sending Land or, for those legal non - conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR credit per legal non - conforming lot or parcel. b) For lots and parcels 5 acres or larger, the number of TDR credits generated shall be calculated using the following formula: # of acres x 0.2 = # of TDR credits generated. Where the number of TDR credits thus calculated is a fractional number, the number of TDR credits created shall be rounded to the nearest 1 /100th. ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be generated from RFMU sendine land property from which TDR credits have been severed. The three types TDR Bonus credits are as follows: Page 4 of 21 Words str-aeie thr-ei*gh are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 8 of 30 a) Environmental Restoration and Maintenance Bonus credits. Environmental Restoration and Maintenance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land for which a Restoration and Management Plan (RMP) has been accepted by the County. In order to be accepted, a RMP shall satisfy the following: 1) The RMP shall include a listed species management plan. 2) The RMP shall comnly with the criteria set forth in 3.05.08.A. and B. ,3) The RMP shall provide financial assurance, in the form of a performance surety bond or similar financial security, that the RMP shall remain in place and be performed until the earlier of the following occurs: a. Viable and sustainable ecological and hydrological functionality has been achieved on the property as measured by the success criteria set forth in the RMP. b. The property is conveyed to a County, state, or federal agency as provided in b) below. 4) The RMP shall provide for the exotic vegetation removal and maintenance to be performed by an environmental contractor acceptable to the County. b) Conveyance Bonus credits. Conveyance Bonus credits are generated at a rate of i credit for each TDR credit severed from that RFMU sending land that is conveved in fee simple to a federal, state, or local government agency as a gift. Conveyance Bonus credits shall only be generated from those RFMU sending land properties on which an RMP has been accepted as provided in a) above. c) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sending land for the period from March 5, 2005, until three years after the adoption of this regulation. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non - RFMU Receiving Lands after the termination of the Early Entry Bonus period. iii. Calculation of TDR Bonus credits. a) Environmental Restoration and Maintenance Bonus credits are calculated as follows: # TDR credits generated from property x % property subiect to an approved RMP b) Conveyance Bonus credits are calculated as follows: # TDR credits generated from property x % property subiect to an approved RMP and conveyed as provided in ii.b) above. c) Early Entry Bonus credits are calculated as follows: # TDR credits generated within Early Entry period x 1. 4- iv Receipt of TDR credits or TDR Bonus credits from RFMU sending lands . TDR credits or TDR Bonus credits from RFMU sending lands may be transferred into Urban Areas, the Urban Residential Fringe, and RFMU receiving lands, as provided in Sections 2.03.07. (4)(d) and (e) below. Page 5 of 21 Words stmek tkFeagh are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 9 of 30 v. Prohibition on transfer of fractional TDR& credits and TDR Bonus credits. While fractional TDR credits and TDR Bonus credits may be created, as provided in (i)i above, TDR credits and TDR Bonus credits may only be transferred from RFMU sending lands in increments of whole, not fractional, dwelling units . Consequently, fractional TDR credits and fractional TDR Bonus credits must be aggregated to form whole units, before they can be utilized to increase density in either non -RFMU Receiving Areas or RFMU Receiving lands. i,, A. Prohibition on transfer of development rights, a) Neither TDR credits nor TDR Early Entry Bonus credits shall net be #aasfeffed generated from RFMU sending lands where a conservation easement or other similar development restriction prohibits the residential development of such property, with the exception of those TDR Early Entry Bonus credits associated with TDR credits severed from March 5 2004 until [the effective date of this provision], Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits may only be venerated from those RFMU sending lands where a conservation easement or other similar development restriction on development was imposed in coniunction with the severance of TDR credits. b) Neither TDR credits nor any TDR Bonus credits shall Pet be wed generated from RFMU sending lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty -five (25) years after such clearing occurs. d. Transfer of development rights from RFMU sending lands to non- Ffffw RFMU receiving areas. i. Transfers to urban areas. b) Development -s which meet the residential infill conditions i) through v) above may increase the base density administratively through a Site development Plan or Plat approval by a maximum of one dwelling unit per acre by transferring that additional density from RFMU district Sending Lands. ii. Transfers to the urban residential fringe. TDR credits and TDR Bonus credits may be transferred from RFMU sending lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe at a -vate-e€ to increase density by a maximum of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to 2.5 dwelling unit per gross acre. e. Transfers from RFMU sending lands to RFMU receiving lands. 1. Maximum density on RFMU receiving lands when TDR credits are transferred from RFMU sending lands . b) The density achievable through the transfer of TDR credits and TDR Bonus credits into RFMU receiving lands shall be as provided for in section 2.03.08 (A)(2)(a)(2)(b)(i) outside of rural villages and sections 2.03.08 �A }_F2}_�_(3)(b) and 2.03.08 inside of rural villages . ii. Remainder uses after TDR credits are tester ad severed from RFMU sending lands . Where development rights have been tFens€at*ed severed from RFMU district Sending Lands, such lands may be retained in private ownership and may be used as set forth in section 2.03.08 A.4.b. Page 6 of 21 Words swask *Feog i are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 10 of 30 L Procedures applicable to the severance and transfer of TDR credits and the generation of TDR Bonus credits from RFMU sending lands. 1. General. Those development-s that utilize such TDR credits or TDR Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIB. a) The #R;;q4r- severance of TDR credits and the generation of Early Entry Bonus credits from RFMU sending lands does not require toe further approval of the County if the County determines that information demonstrating compliance with all of the criteria set forth in ii.a) below has been submitted. However, those development —s that utilize such TDR credits and Early Entry Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. b) The generation of Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits requires acceptance by the Countv of a RMP. ii. County - maintained central TDR registry. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry of all TDR credit and TDR Bonus credits purchases, sales, and transfers, as well as a central listing of TDR credits and TDR Bonus credits available for sale and purchasers seeking TDR credits or TDR Bonus credits. No TDR credit and TDR Bonus credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. b) TDR Bonus credits shall not be used to increase density in either non -RFMU receiving areas or RFMU receiving lands until a TDR credit certificate reflecting the TDR Bonus credits is obtained from the County and recorded. 1) Early Entry Bonus credits. All TDR credit certificates issued by the County for the period from the effective date of this provision until three years after such effective date shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit or each TDR credit or fractional TDR credit reflected on the TDR credit certificate. Where TDR credits were severed from March 5 2004 until the effective date of this provision, the County shall, upon receipt of a copy of the TDR credit certificate reflecting those previously severed TDR credits, issue a TDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TDR credits. 2) Environmental Restoration and Maintenance Bonus credit. A TDR certificate reflecting Environmental Restoration and Maintenance Bonus credits shall not be issued until the County has accepted a RMP for the sending lands from which the Environmental Restoration and Maintenance Bonus credit is being generated. Any sending lands from which TDR credits have been severed may also be used for mitigation programs and associated mitigation activities and uses in conjunction with any county, state or federal permitting. Where the Environmental Restoration and Maintenance Credit is applied for sending lands that are also being used (title or easement) for mitigation for permits or approvals from the U. S. Army Corns of Engineers, U. S. Fish and Wildlife Service, Page 7 of 21 Words stueh Oweegh are deleted; words underlined are added. Agenda Item No, 8E September 27, 2005 Page 11 of 30 Florida Department of Environmental Protection, Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission or the South Florida Water Management District, the County shall accept as the RMP for the sending mitigation lands, the restoration and/or maintenance requirements of permits issued by any of the foregoing governmental agencies for said lands. 3) Conveyance Bonus credit, A TDR certificate reflecting Conveyance Bonus credits shall not be issued until the County has accepted a RMP for the Sending Lands from which the Conveyance Bonus credit is being eenerated and such sending lands have been conveyed, in fee simple, to a County, state, or federal government agency. b} c) A PUD or DRI utilizing TDR credits or TDR Bonus credits may be conditionally approved, but no subsequent application for site development plan or subdivision plat within the PUD or DRI shall be approved, until the developer submits the following: i) documentation that the developer has acquired all TDR credits and TDR Bonus credits needed for that portion of the development that is the subject of the site development plan or subdivision plat; and c4 d) The developer shall provide documentation of the acquisition of full ownership and control of all TDR credits and TDR Bonus credits needed for the development and of recordation of the TDR credit and TDR Bonus credit Certificates for all such TDR credits and TDR Bonus credits prior to the approval of any site r development plan, subdivision plat, or other final local development order, other than a PUD or DRI. d} gl Each TDR credit shall have an individual and distinct tracking number, which shall be identified on the TDR Certificate that reflects the seveFeee -e€e TDR credit �1144if�g L&FA. The County TDR Registry shall maintain a record of all TDR credits, to include a designation of those that have been expended. fl Each TDR Bonus credit shall have an individual and distinct tracking number, which shall be identified on the TDR Certificate and which shall identify the specific TDR credit associated with the TDR Bonus credit. The County TDR Registry shall maintain a record of all TDR Bonus credits, to include a designation of those that have been expended. 2) The County bears no responsibility to provide notice to any person or entity holding a lien or other security interest in Sending Lands that TDR credits have been severed from the proyertLor that an application for such severance has been filed. g. Proportional utilization of TDR credits and TDR Bonus credits. Upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be deemed to be expended at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR credits and TDR Bonus credits. All PUDs and DRIs utilizing TDR credits and TDR Bonus credits shall require that the rate of TDR credit and TDR Bonus credits consumption be reported through the monitoring provisions of sections 10.02.12 and 10.02.07(C)(1)(b) of this Code. SECTION THREE B: 2.03.08 Rural Fringe Zoning Districts Page 8 of 21 Words s#,aek tlweuo are deleted; words underlined are added. Agenda item No. 8E September 27, 2005 Page 12 of 30 A. Rural Fringe Mixed -Use District (RFMU District) * * * * * * * * * * * * 2. RFMU RECEIVING LANDS. a. OUTSIDE RURAL VILLAGES * * * * * * * * * * (2) Maximum DENSITY. * * * * * * * * * * (b) Additional DENSITY i. Additional Density Allowed Through the TDR& Process. Outside of rural villages, the maximum density achievable in RFMU Receiving Lands through toe TDR p1<eeess credits and TDR Bonus Credits is one (1) dwelling unit per acre. * * * * * * * ii. Additional DENSITY Allowed Through Other Density Bonuses. Once tho R;Aximum a DENSITY of one (1) unit ver acre is achieved through the use of TDR& credits and TDR Bonus credits, additional DENSITY may be achieved as follows: (3) Allowable Uses (a) Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: xi. Golf courses or driving ranges, subject to the following standards: a) The minimum density shall be as follows: i) For golf course projects FEE: one (1) dwelling unit per five (5) gross acres. ii) For golf course projects not utilizing density blending Provisions set forth in the Density Rating System of the FLUE, including free standing golf courses: she density .,hall be ene (1) dweiiing unit per- rive(g) ffess aeres, and one one TDR credit or TDR Bonus credit shall be required per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non - irrigated and retained in a natural state. ��l 4411140 by aequiA;Ag 4aw 1 Ands A TDR credit or TDR Bonus credit used to entitle golf course acreage may not also be used to entitle a residential dwelline unit. b) Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Page 9 of 21 Words strusle thfeugh are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 13 of 30 Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and BUILDING Design) have been incorporated into the golf course's design and operational procedures. xii. Public , educational plants and ancillary plants. b) The 94e mikst eeffip!�, %44h the STATE MQ91REMENTZ& PAGALITIRS adopted by the swe �issie�e�s- All. OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non - environmental site DEVELOPMENT plan review procedures. Directional - drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C -25 through 62C -30, F.A.C., as those rules existed on , 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F,S., to assure compliance with Chapter 62C -25 through 62C -30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. xiv. Park, open space, and recreational uses. xv. Private schools. (c) CONDITIONAL USES. i. Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non - environmental site DEVELOPMENT plan review procedures. Directional - drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C- 25 through 62C -30, F.A.C., as those rules existed on January 14, 2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C - 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements Page 10 of 21 Words st+uek gweti h are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 14 of 30 shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C -25 through 62C -30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. b. RURAL VILLAGES. RURAL VILLAGES, including RURAL VILLAGES within the NBMO, may be approved within the boundaries of RFMU RECEIVING LANDS, subject to the following: (1) Allowable Uses: (a) All permitted uses identified in section 2,03.084A },f2 }_fa }_(3)(a), when specifically identified in, and approved as part of, a RURAL VILLAGE PUD. (b) CONDITIONAL USES 1 through 5, and 7 identified in section 2.03.084A }_42 },0}_(3)(c), when specifically identified in, and approved as part of a RURAL VILLAGE PUD, vii. Civic Uses and Public Parks — Minimum of 4-5-04 10% of total rural village acreage. (2) DENSITY. A RURAL VILLAGE shall have a minimum DENSITY of 2.0 units per gross acre and a maximum DENSITY of 3.0 units per gross acre, except that the minimum DENSITY within a NBMO RURAL VILLAGE shall be 1.5 units per gross acre. Those densities shall be achieved as follows: (a) No change. (b) Minimum DENSITY. F-A° A- gh TT1D GRE—PIT c _ . r?r;R Al Vii T 4/7L' .. a RQV�;J;R CR ND13:..h ll b@ ...at1te.7 e e to -the The minimum gross DENSITY 4 in a Rural Village is 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. 1. For each TDR credit used to achieve the minimum required density in a Rural Village, one Rural Village Bonus Credit shall be granted. Rural Village Bonus Credits may only be utilized in Rural Viliaees and shall not be available for use once the minimum required density is achieved. H. The minimum density shall be achieved through any combination of TDR Credits, Rural Village Bonus Credits. and TDR Bonus Credits. (e) Maximum DENSITY. The maximum gross DENSITY exaeeding the .ea PENSITv to A- ,..,.,.,:,. um- 4allowed in a Rural Village is 3.0 units per acre;. The maximum density shall be achieved through any of the following weans, either in combination or individually: i. TDR CREDITS; ii. TDR Bonus Credits; Page 11 of 21 Words atFiaek thfeuo are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 15 of 30 Renumber ii. through iv. to iii. through v. (4) Other Design Standards (a) Transportation System Design. H. Each RURAL VILLAGE shall be served by a primary road system that is accessible by the public. Neighborhood Circulator, Local _Residential Access and Residential Loon roads may be gated. The rp imary roads systet within the RURAL VILLAGE shall consist of Rural Maior Collectors at a minimum and be designed to meet County standards and shall be dedicated to the public. xv. Required vehicular parking and loading amounts and design criteria: a) The amount of required parking shall be demonstrated through a shared parking analysis submitted with die 9P6k ties — application as part of the Rural Village PUD. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by the ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. (6) GREENBELT. Except within the NBMO RURAL VILLAGE, a GREENBELT averaging a minimum of 398 300 feet in width, but not less than 398 200 feet in width at any location, shall be required at the perimeter of the RURAL VILLAGE. The GREENBELT is required to ensure a permanently undeveloped edge surrounding the RURAL VILLAGE, thereby discouraging sprawl. GREENBELTS shall conform to the following: (7) OPEN SPACE: Within the RURAL VILLAGE, a minimum of W41,4 40% of OPEN SPACE shall be provided, inclusive of the GREENBELT. 3. NEUTRAL LANDS. Neutral lands have been identified for limited semi - rural residential development. Available data indicates that neutral lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as RFMU receiving lands, but these values do not approach those of RFMU sending lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within neutral lands, the following standards shall apply: a. ALLOWABLE USES. The following uses are permitted as of right: (1) Uses Permitted as of Right. (k) Golf courses or driving ranges, subject to the following standards: I. Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program. The project Page 12 of 21 Words stFaek thfeuo are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 16 of 30 shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management, Energy Conservation & Renewable Energy Sources, Transportation, Greensnace and Corridors, Agriculture, and Building Design) have been incorporated into the golf course's design and operational procedures. (1) Public . educational plants and ancillary plants. E; DJ T(' A T1QI ,1,A T F A Q1 ;TINS D epeA . ubfF,:µe,7 a ,.,11.. by tL,e ii. The Site must ., mply m,4 the STATE DL'QUIRP- 44PANTS r-egolpAiGRS. (m) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non - environmental site DEVELOPMENT plan review procedures. Directional - drilling and /or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C -25 through 62C -30, F.A.C., as those rules existed on 2005 [effective date of this provision] regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C -25 through 62C -30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. n. Park, open space, and recreational uses. o. Private schools. (2) No change. (3) CONDITIONAL USES. The following uses are permissible as conditional uses subject to the standards and procedures established in Section 10.08.00. (c) Multi - family residential structures, subiect to the following development standards: (i) Building height limitation: 2 stories Page 13 of 21 Words su eeL thfough are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 17 of 30 (ii) Buffer: 10 foot wide landscape buffer with trees spaced no more than 30 feet on center, (iii) Setbacks: 50% of the height of the buildine. but not less than 15 feet (44 id Those essential services identified in sections 2.01.03 (G)(1) and (G)(3). (e} fa' Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non - environmental site DEVELOPMENT plan review procedures. Directional - drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C -25 through 62C -30, F.A.C., as those rules existed on January 14. 2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C - 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C -25 through 62C -30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. (4}l.Ei Earth mining and extraction and related processing. (g3,(h), Facilities for the collection, transfer, processing, and reduction of solid waste. 4. RFMU SENDING LANDS. No change. a. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED (1) Uses Permitted as of Right (g) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non - environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C -25 through 62C -30, F.A.C„ as such rules existed on 2005 the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C - 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance Page 14 of 21 Words sti%ek thr-e are deleted; words underlined are added Agenda Item No. 8E September 27. 2005 Page 18 of 30 with Chapter 62C -25 through 62C -30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. (3) CONDITIONAL USES. (c) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non - environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C -25 through 62C -30, F.A.C., as those rules existed on . 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C - 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C -25 through 62C- 30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. b. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED (1) Uses Permitted as of Right (h) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non - environmental site DEVELOPMENT plan review procedures. Directional - drilling and /or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C -25 through 62C -30, F.A.C., as those rules existed on , 2005 fthe effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C -25 through 62C -30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the Page 15 of 21 Words sek thretigh are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 19 of 30 standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. (1) Mitization in coniunction with any County, state, or federal permitting. (2) CONDITIONAL USES (b) Oil and gas field DEVELOPMENT and production, subject to apnlicable state and federal field DEVELOPMENT permits and Collier County non - environmental site DEVELOPMENT plan review procedures. Directional - drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C -25 through 62C -30, F.A.C., as those rules existed on . 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C -25 through 62C- 30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. C. NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 5. ADDITIONAL SPECIFIC AREA PROVISIONS a. RECEIVING LANDS (1) DENSITY. (b) This density may be increased, through TDR credits and TDR Bonus Credits, up to a maximum of 1 dwelling unit per gross acre. (c) Once a DENSITY of 1 dwelling unit per gross acre is achieved through TDR CREDITS and TDR Bonus Credits, additional density may be achieved as follows: (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19, 2994 2005, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occurs by June 19, 2994 2005, or such other date as the GMP is amended to provide: i. No change. Page 16 of 21 Words eif;Rsk thfeogk are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 20 of 30 ii. the mine operator commits to construct a private haul road by June 19, 4996 2007, or such other date as the GMP is amended to provide, without the use of any public funds. (3) A GREENBELT is not required for any DEVELOPMENT in NBMO Receiving Lands, whether inside or outside of a RURAL VILLAGE. However, any greenbelt that is provided in a NBMO Rural Village shall be included in the calculation of open space. (4) NBMO Rural Village. No change. (a) Density. No change. i. The minimum required density shall be achieved through TDR credits, TDR Bonus Credits, and Rural Village Bonus credits, as provided in section 2.03.08 fA4.E2}_Eb}_(3)(C). ii. Once the minimum required density is achieved, additional DENSITY may be achieved, up to the maximum of three (3) dwelling units per gross acre through any one or combination of the following: a) TDR Credits; b) TDR Bonus Credits; b� 0.3 dwelling unit per acre for each acre of native vegetation preserved on -site; e} 0.3 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on -site; and/or d) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. SECTION THREE C: AMENDMENTS TO LAND DEVELOPMENT CODE Ordinance number 2004 -41, as amended, the Collier County Land Development Code is hereby amended to add the following section to read as follows: 10.02.13 Planned Unit Development (PUD) Procedures D. Time limits for approved PUDs. (No change) 8. PUD expiration and retirement of excess numbers ofdwellinr units a. Purpose and intent. There is hereby established a process to evaluate all existing lawfully approved planned unit development (PUD) zoning districts to determine the actual number of residential units that have been built and the actual number of residential single - family lots that have been platted as contrasted with the number of residential dwelling units approved by the particular PUD zoning ordinances. This process shall provide a means to reduce the number of approved residential dwelling units to the actual number that have been built or for which single family residential lots have been platted. There shall also be a process to establish an expiration date for further residential development in new PUD zoning districts and for those existing PUDs for which a PUD amendment is being sought. Page 17 of 21 Words sk:,aek 9ff 9wgh are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 21 of 30 These processes will enable the Countv to plan effectively for realized transportation impacts to be evaluated by the concurrence management system (CMS) so that an orderly process of land development may continue in a predictable sequence with manageable confidence levels of the regulatory risks of a stoppage of approvals for indeterminate time periods. b. Applicability. This section of the LDC shall apply to all residential PUD Zoning Districts or all PUD Zoning Districts with a residential component within the unincorporated areas of Collier County except as provided by subsection 10,02.13.D.8.d. C. Definitions. For pumoses of this Section of the LDC. the following definition shall apply: 1. Built -out PUD — Any PUD Zoning District where all areas set aside for residential development on its Master Concept Plan have been completed either in the form of residential dwelling units that have been constructed and received a certificate of occupancy: are under construction pursuant to a lawfully issued building permit: or lots that are hart of a subdivision that has received final plat approval from the Board of County Commissioners. d. Exemptions. The following are exempt from the provisions of this Section of the LDC: 1. PUD Zoning Districts that have also received Development of Regional Impact (DRI) approval nursuant to Section �. 380.06. Florida Statutes and which development orders have not exceeded the date until which the DRI is not subiect to unit density reduction established in the development order nursuant to subsection 380.06 05)(c) 3. Florida Statutes or termination date established in the development order pursuant to subsection 380.06 (15)(c) 2: Florida Statutes. 2. Built -out PUDs that have developed to the maximum number of residential dwelling units authorized by the regulations for the particular PUD zoning district. 3. PUD zoning districts where the authorized number of residential dwelling units exceed the number of residential dwelline units actually constructed or single - family lots actually receiving final subdivision plat approval which excess units have been retained by a Master Property Owners' Association, developer or like entity. pursuant to restrictive covenants, other reservations of units to the developer entity, or like documentation recorded in the Official Records of Collier County, Florida. 4. PUD zoning districts consisting of residential dwelling units which have been determined to have vested rights pursuant to Section 9.02.01 of the LDC. e. Build -out Date. 1. All PUD zoning regulations for new PUD Zoning Districts with a residential component are required to establish a build -out date for all residential development. No further residential development shall be authorized after the build - out date established by the PUD zoning regulations. Page 18 of 21 Words st •••a'�hFeRgh are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 22 of 30 2. A PUD zoning ordinance may be amended prior to the build -out date to extend such date. Any such amendment shall follow the PUD amendment process set forth in Subsection 10.02.13. B of the LDC. 3. A build -out date shall be required for all PUD Zoning Districts for which a PUD amendment has been applied for as of [effective date of this ordinance]. 4. The passage of the build -out date for a PUD Zoning District shall not affect the ability of a property owner to re -build remodel or otherwise make additions to his/her residence including but not limited to, swimming pools, fences, pool and lanai cages and the like. 5. Once the residential component of a PUD Zoning District is turned over to a Homeowners' Association, the passage of the build -out date for the PUD Zoning District shall not affect the right of a property owner to build on his/her platted but unimproved lot within that particular PUD Zoning District. f. Reauirements for existing PUD Zoning Districts that have not been turned over to the Property Owners' Association. Prior to the turn over of the final phase of a PUD development to the Master Property Owners' Association, or like entity, the developer shall apply for a PUD amendment for the immose of adiusting the number of residential dwelling units from the number authorized by the PUD zoning regulations to the number of residential units actually constructed and /or the number of single - family lots for which final subdivision approval has been granted. This amendment process shall be the same as the PUD amendment process set forth in Subsection 10.02.13. B of the LDC. e. Process for amending existing built -out PUD Zoning Districts 1. Establishment of Dlannin2 review communities: The 12 planning communities established by Subsection 106 -42(a) of the Collier County Code of Laws and Ordinances is hereby established for the numose of evaluating built -out PUDs. The built -out PUD zoning districts in each planning community shall be the subject of a single comprehensive ordinance amending the number of the authorized residential dwelline units from the number currently allowed by the PUD Zoning District to the actual number of units actually constructed, or under construction together with the number of lots for which final subdivision Dlat approval has been obtained. Such comprehensive PUD amendments shall be made on a planning community by planning community basis, commencing with the first Dlanning community and proceeding successively until the built -out PUD zoning districts subiect to this Section of the LDC have completed the amendment process. 2. Planning staff evaluation: The Countv Manager, or designee, shall review each built -out PUD zoning district to determine the number of residential dwelling units constructed, or under construction together with the number of single family residential lots that have received final plat approval as compared to the number of residential dwelline Page 19 of 21 Words s.,.,,.a gh are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 23 of 30 units authorized by the PUD ordinance. Staff shall have 60 days to perform the review. The review shall be made on a planning community by _planning community basis. In conducting the review, staff shall also consider the exemptions set forth in Section 10.02.13 .D.8.d of the LDC. Staff shall prepare a report containing the correct number of residential dwelling units recommended for each built - out PUD pursuant to this process, 3. Notice to the Master Property Owners' Association: Within 30 days of completing its report, the County Manager, or designee, shall notify the Master Propertv Owners' Association, or like entity, of the staff findings and that the PUD ordinance shall be amended consistent with the staff report. 4. Notice to all propertv owners within the PUD: Within 45 days of completing its report, the County Manager, or designee, shall notify each person, or entity, owning property within the PUD of the staff findings and recommendations for PUD amendment. 5. Form_ of notice: The notices required by subsection 10.0213 D 8.0. above shall be by certified USPS mail return receipt requested sent to the address shown on the then current year's tax roll on file in the Tax Collector's records. 6.Obiections _ to proposed PUD amendment: Anv affected property owner or the property owners' association may submit written obiections to the County Manager, or designee, no later than 60 days after receipt of the notification referenced in subsections 10.02.13 D.8.0,and 4. above. 7. PUD amendment process: The Countv Manager. or designee, shall initiate amendments to the various built -out PUD zoning district regulations consistent with the recommendation set forth in its report. The notice, advertising and public hearing process shall be the same as for the regular PUD amendment process, set forth in Section 10.02.13 of the LDC, except that no neighborhood information meeting, pursuant to Section 10.03.05 F of the LDC, and no posting of signs pursuant to Section 10.03.05 B of the LDC shall be required. 8. The PUD amendment process shall be initiated within 10 days of the close of the time period allowed for property owner objections and consideration by staff. h. Vested rights and takings claims. Any affected property owners' association or property owner who claims vested rights or a taking of private vrovertv rights that would result from implementation and application of this section shall follow the process set forth in Section 9.02.00 of the LDC. L Effect of moratorium. The build -out date time frames referenced in Subsection 10.02.13.D.8.e of the LDC shall be tolled for the same time the County adopts any regulation imposing a moratorium affecting development within a narticular PUD zoning district or other official action taken by the County referenced in the preceding sentence. The period shall be the same as the duration Page 20 of 21 Words feu are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 24 of 30 of the moratorium regulation or any other official action of the County that would otherwise limit a developer's ability to proceed with the development of the proiect for a given time period. SECTION FOUR: CONFLICT AND SEVERABILTIY 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 or 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 FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such and the word "ordinance" may be changed to "section," "Chapter," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRED W. COYLE , CHAIRMAN Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 21 of 21 Words stfuek thfeugh are deleted; words underlined are added. Agenda Item No. 8E September 27, 2005 Page 25 of 30 LDC Amendment Request ORIGIN: CDES AUTHOR: Marjorie Student - Stirling DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Special Cycle 2a, 2005 LDC PAGE: LDC 10:134 LDC SECTION: 10.02.13 Planned Unit Development (PUD) Procedures LDC SUPPLEMENT #: Supplement 1 CHANGE: PUD expiration and retirement of excess numbers of dwelling units. REASON: These processes are necessary to enable the County to plan effectively for realized transportation impacts to be evaluated by the concurrency management system (CMS) so that an orderly process of land development may continue in a predictable sequence with manageable confidence levels of the regulatory risks of a stoppage of approvals for indeterminate time periods. FISCAL & OPERATIONAL IMPACTS: The operational impact of this amendment is directly related to the staff time dedicated to the PUD monitoring function outlined here within. An evaluation of the necessary staff time to apply the Built -Out status to candidate PUDs involves the following: l.) Identification of PUDs into Planning Communities after researching all exemptions 2.) Verification of PUD densities for each candidate PUD 3.) Writing findings reports 4.) Establishment of tracking processes 5.) Monitoring of tracking processes 6.) Preparation and mailing of notifications to Master Associations and then to individual owners, and legal advertisements 7.) Payment of application fees. 8.) Recordation expenses Staff hours estimated for the work to evaluate, quantify, verify and prepare all reports for a Planned Unit Development Amendment (PUDA) for all twelve (12) Planning Communities, will require five thousand and eight labor hours (5008). The established process currently prescribed for a PUDA will be utilized for the Twelve (12) Built -Out Amendments recognized by this LDC amendment. Each of the twelve (12) Planning Communities will bear application fees, costs corresponding to the certified notifications and legal notifications, and recordation expenses. The PUDA cost for one Planning Community Built -Out Amendment is estimated to be approximately seventy -nine thousand dollars ($79,000.00). RELATED CODES OR REGULATIONS: 10.03.05 B. and 10.03.05 F. Agenda Item No. 8E September 27, 2005 Page 26 of 30 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: July 1, 2005, August 17, 2005 and August 24, 2005. Amend the LDC as follows: 10.02.13 Planned Unit Development (PUD) Procedures D. Time limits for approved PUDS. For purposes of this section, the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the planning services department director, not met the time frames and development criteria outlined in section 10.02.12 of this Code as applicable. For all PUDS, the owner entity shall submit to the planning services department director a status report on the progress of development annually from the date of the PUD approval by the board of county commissioners. The purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the following criteria: 8 PUD build -out dates and retirement of excess numbers ofdwellin units. a. Purnose and intent. There is herebv established a process to evaluate all existin lawfully approved planned unit development (PUD) zoning districts to determine the actual number of residential units that have been built and the actual number of residential single- family lots that have been platted as contrasted with the number of residential dwellings units approved by the particular PUD zoning ordinances. This process shall provide a means to reduce the number of approved residential dwelling units to the actual number that have been built or for which single family residential lots have been platted. There shall also be a process to establish an build -out date for further residential development in new PUD zoning districts and for those existing PUDS for which a PUD amendment is being sought. These processes will enable the Countv to plan effectivelv for realized transportation impacts to be evaluated by the concurrence management system (CMS) so that an orderly process of land development may continue in a predictable sequence with manageable confidence levels of the regulatory risks of a stoppage of ayprovals for indeterminate time periods. b: Applicability. This section of the LDC shall apply to all residential PUD Zoning Districts or all PUD Zoning Districts with a residential component within the unincorporated areas of Collier County except as provided by subsection 10.02.13.D.8.d. Agenda Item No. 8E September 27, 2005 Page 27 of 30 c: Definitions. For purposes of this Section of the LDC, the following definition shall apply: Built -out PUD — Any PUD Zoning District where all areas set aside for residential development on its Master Concept Plan have been completed either in the form of: residential dwelling, units that have been constructed and received a certificate of occupancy: are under construction pursuant to a lawfully issued building permit; or lots that are part of a subdivision that has received final plat approval from the Board of County Commissioners. d: Exemptions. The following are exempt from the provisions of this Section of the LDC: PUD Zoning Districts that have also received Development of Regional Imnact (DRD approval pursuant to Section 380.06, Florida Statutes and which development orders have not exceeded the date until which the DRI is not subject to unit density reduction established in the development order pursuant to Built -out PUDs that have developed to the maximum number of residential dwelling units authorized by the regulations for the particular PUD zoning district. PUD zoning districts where the authorized number of residential dwelling units exceed the number of residential dwelling units actually constructed or single- entity, pursuant to restrictive covenants, other reservations of units to the developer entity, or like documentation recorded in the Official Records of Collier County, Florida. PUD zoning districts consisting of residential dwelling units which have been determined to have vested rights pursuant to Section 9.02.01 of the LDC. development. No further residential development shall be authorized after the build -out date established by the PUD zoning regulations. A PUD zoning ordinance may be amended prior to the build -out date to extend such date. Any such amendment shall follow the PUD amendment process set forth in Subsection 10.02.13. B of the LDC. A build -out date shall be required for all PUD Zoning Districts for which a PUD amendment has been applied for as of [effective date of this ordinance]. Agenda Item No. 8E September 27, 2005 Page 28 of 30 The passage of the build -out date for a PUD Zoning District shall not affect the ability of a property owner to re -build remodel or otherwise make additions to his/her residence including but not limited to, swimming_ pools, fences, pool and lanai cages and the like. District shall not affect the right of a property owner to build on his/her platted but unimproved lot within that particular PUD Zoning District. f: Requirements for existing PUD zoning districts that have not been turned over to the Property Owners' Association. Prior to the turn over of the final phase of a PUD development to the Master Property Owners' Association, or like entity, the developer shall apply for a PUD amendment for the purpose of adjusting the number of residential dwelling units from the number authorized by the PUD zoning regulations to the number of residential units actually constructed and/or the number of single- family lots for which final subdivision approval has been granted. This amendment process shall be the same as the PUD amendment process set forth in Subsection 10.02.13. B of the LDC. g. Process for amending existing built -out PUD zoning districts. Establishment of planning review communities: The 12 planning communities established by Subsection 106 -42(a) of the Collier County Code of Laws and Ordinances is hereby established for the purpose of evaluating built -out PUDs. The built -out PUD zoning districts in each planning community shall be the subject of a single comprehensive ordinance amending the number of the authorized residential dwelling units from the number currently allowed by the PUD Zoning District to the actual number of units actually constructed, or under construction together with the number of lots for which final subdivision plat approval has been obtained. Such comprehensive PUD amendments shall be made on a planning community by planning community basis, commencing with the first planning community and proceeding successively until the built - out PUD zoning districts subject to this Section of the LDC have completed the amendment process. 2. Planning staff evaluation: The County Manager, or designee, shall review each built -out PUD zoning district to determine the number of residential dwelling units constructed, or under construction together with the number of single family residential lots that have received final plat approval as compared to the number of residential dwelling units authorized by the PUD ordinance. Staff shall have 60 days to perform the review. The review shall be made on a planning community by planning community basis. In conducting the review, staff shall also consider the exemptions set forth in Section 10.02.13 .D.8.d of the LDC. Staff shall prepare a Agenda Item No. 8E September 27, 2005 Page 29 of 30 report containing the correct number of residential dwelling units recommended for each built -out PUD pursuant to this process. 3. Notice to the Master Property Owners' Association: Within 30 days of completing its report, the County Manager, or designee, shall notify the Master Property Owners' Association, or like entity, of the staff findings and that the PUD ordinance shall be amended consistent with the staff report. 4. Notice to all property owners within the PUD: Within 45 days of completing its report, the County Manager, or designee, shall notify each person, or entity, owning - property within the PUD of the staff findings and recommendations for PUD amendment. 5. Form of notice: The notices required by subsections 10.0213.D.8.g.3 above shall be by certified USPS mail return receipt requested sent to the address shown on the then current year's tax roll on file in the Tax Collector's records. 6. Objections to proposed PUD amendment: Any affected12roperty owner or the property owners' association may submit written objections to the County Manager, or designee, no later than 60 days after receipt of the _. notification referenced in subsections 10.02.13.D.8.g.3 and 4 above. 7. PUD amendment process: The County Manager, or designee, shall initiate amendments to the various built -out PUD zoning district regulations consistent with the recommendation set forth in its report. The notice advertising and public hearing process shall be the same as for the regular PUD amendment process, set forth in Section 10.02.13 of the LDC, exce -t The PUD amendment process shall be initiated within 10 days of the close of the time period allowed for property owner objections and consideration by staff. h: Vested rikhts and takin.as claims. Any affected property owners' association or property owner who claims vested rights or a taking of private property rights that would result from implementation and application of this section shall follow the process set forth in Section 9.02.00 of the LDC. is Effect of moratorium or other official action of County lim&t developer's ability to proceed with development. The build -out date time frames referenced in Subsection 10.02.13.D.8.e of the LDC shall be tolled for the same time the County adopts any regulation imposing a moratorium affecting development Agenda Item No. 8E September 27, 2005 Page 30 of 30 within a particular PUD zoning district or any other official action of the County that would otherwise limit a developer's ability to proceed with the development of the project for a given time period. The period shall be the same as the duration of the moratorium regulation or other official action taken by the Coumty referenced in the'precedine sentence. CONSIDERATIONS: The Golden Gate Beautification Advisory Committee has 2 terms expiring on October 6, 2005, representing Precinct #326. This 5 member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing district which was formed for the purpose of beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. Terms are 4 years. A list of the current membership is included in the backup. The terms for Patricia Spencer and Cheryle L. Newman will expire on October 6, 2005. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV, COMM. Cheryle L. Newman — re -appt Precinct 326 3 Yes GG Beautification Adv Comm GG Community Center Adv Comm Patricia Spencer — re-appt Precinct 326 3 Yes GG Beautification Adv Comm COMMITTEE RECOMMENDATION: Cheryle L. Newman — re- appointment Patricia Spencer — re- appointment NOTE: Section Seven (B) of Ordinance 2001 -55 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted that `By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived ". According to available records, Cheryle L. Newman has served 2 terms. Should the Board wish to re- appoint Ms. Newman, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 27, 2005 Agenda Item No. 9A September 27, 2005 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9A Item Summary: Appointment of members to the Golden Gate Beautification Advisory Committee. Meeting Date: 9127/2005 9:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 911312005 2:24:38 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/10/2005 10:18 AM Agenda Item No. 9A September 27, 2005 Page 3 of 14 TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: September 1, 2005 SUBJECT: Golden Gate MSTU Recommendation to the Board for Filling Vacant Positions. The Golden Gate Beautification MSTU has reviewed the two applications received by the prescribed deadline for the two vacancies. Applicants were evaluated based on their potential contributions to the Committee. Both applicants meet the criteria required to be eligible for the committee and reside within the MSTU's district boundary. The Committee recommends the following applicants for appointment to the vacant terms as indicated below: TYPE OF TERM FIELD OF EXPERTISEICATEGORY NAME APPOINTMENT EXPIRES Patricia Spencer Re- appointment October 6, 2009 Retired - Resident of Naples 5 years, Education; High School, Wild Life Conserv. & Supporter, Sierra Club Nature Conserv. Naples Pathway Coalition, Operations Manager Computer Hardware Training Ctr. for Hewlett — Packard. Community Activities: Pathway Advisory Committee (PAC), 2030 long Range Transportation Plan Steering Committee, G.G. Civic Association , G.Gate Civic Association Board, PTA Pres. & Treasurer, Girl Scout leader & Girl Scout Leader Summer Camp Leader. Cheryle L. Newman Re- appointment October 6, 2009 Resident of Naples 15+ years, Education: Associates Degree — Ferris State University Community Activities: Golden Gate Beautification Advisory, G.Gate Civic Assoc., G.Gate, Kiwanis Club, G.Gate Women's' Club, Messiah Lutheran Church Council, G.Gate Stockholders, Ad Hoc Committee, 1 -75 Interchange Ad Hoc Committee, G.Gate Certified Emergency Response, Collier Co. Community Observer Patrol, G.Gate Festival Committee, G.G. Community Center Advisory Committee. Please let me know, if you need any additional information. Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9A September 27, 2005 Page 4 of 14 Tr Golden Gate Beautification Advisory Committee Name Work Phone Amt'd Exp. Date Term Home Phone DateRe- W 2nd&VDate 2nd Term Ms. Ginger Martin 455-1654 12/14/04 10/06/07 3 Years 5040 31 st Avenue, S.W. 455-1654 Naples, FL 34116 E Mail. XTRMOM(7a aoLcom District: 3 Category: Precinct 326 Ms. Barbara Segura 621 -3601 12/17/02 10 /06 /06 4 Years 2343 41st Terrace, S.W. 3484M Naples, FL 34116 E Mail. District: 3 Category. Precinct 325 Mr. Richard Sims 5974575 03/22/05 10 /06 /06 1.6 Years . , 5391 19th Place, S.W. 455-7062 Naples, FL 34116 E Mail: johnsonsakeondkc@earthlink .net District: 3 Category: Precinct 323 Ms. Patricia Spencer 5401 25th Place, S.W. Naples, FL 34116 E Mail: District: 3 Category: Precinct 326 Ms. Cheryle L. Newman 51013 1 st Avenue, S.W. Naples, FL 34116 E -Mail: District: 3 Category: Precinct 326 ursday, March 24, 2005 03/11103 10/06/05 2 1/2 Year 11/07/95 10/06/97 2 Years 353 -7%9 11/13/01 10/06/05 4 Years Page 1 of 2 Agenda Item No. 9A September 27, 2005 Page 5 of 14 Golden Gate Beautification Advisory Committee Name Work Phone Appt'd E.Vt Date Term Home Phone DateRe -appt 2ndEWDate 2nd Term This S member committee was created by Ord. No. 87 -76 to advise and recommend as to the beautification and maintenance of landampe improvements within the road right of way as described by ordlnwm boundaries. The oommittee shall prepare an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. Amended on September 3, 1996, by Ord. No. 96.50 and 96-51. Precincts are 323, 324, 325, 326, 327, and part of 322 Terms are 4 years. i FL STAT 125.01 kajj tdzIMiteorr, Transportation Operations Coordinator. V"M$T -re"IE 213 -,SWo Thursday, Mandy 24, 2005 Page 2 of 2 Agenda Item No. 9A September 27, 2005 Page 6 of 14 DATE: August 22, 2005 TO: Elections Office 1 FROM: Sue Filson, Executive Manager Board of County Commissio 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. GG BEAUTIFICATION ADV COMM COMMISSION DISTRICT Cheryle L. Newman 5101 31" Avenue, S.W. 3 Naples, FL 34116 Patricia Spencer 540125" Place, S.W. Naples, FL 34116 Thank you for your help. o ca Ln Agenda Item No. 9A September 27, 2005 MEMORANDUM Page 7of14 DATE: October 22, 2005 TO: Tessie Sillery, Transportation 'ons FROM: Sue Filson, Executive Manag Board of County Commissio RE: Golden Gate Beautification 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: Cheryle L. Newman 5101 31s Avenue, S.W. Naples, FL 34116 Patricia Spencer 5401 25'' Place, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. �4 t Attachments Opri Board of County- C'oMMissioncl•s 33111 East Tanliatmi Trail Naples. .FL 3411; (9407774-81P)7 Faux: 4940774-3602 Agenda Item No. 9A September 27, 2005 14 1pplication for Advisory Committees /Boayds Name: Cheryle L Newman Home Phones 353 -7969 Home Address: 510131'. Avenue S W Zip Code: 34116 -8105 Fax No. Business Phone: e-mail address: Business:- Board or Committee Applied for: Golden Gate Beautification Advisory Committee Category (if applicable): Esampk: Commledon DMAd. D vdvPer. e1s*^Onmenta1LTL JOY Per-w etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes No X If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes X No If yes. please list the committees/boards : Golden Gate Beandfication A.dv sory Committee. Golden Gate Communitv Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Golden Gate Citric Association Secretary, Khania Club of Golden Gate — President. Golden Gate Womens Club Messiah Lutheran Church Council Publicity Golden Gate Community Stakeholders Ad Hoc Committee, I -75 Interchange Ad Hoc Committee (Completed) Golden Gate Certifie Emergency Response Golden Gate Community Center Advisory Committee Education: See resume Experience: The experience I bring to this committee is what I have learned the past years on the committee. I am involved in many additional organizations in my community and feel I have ahyays been a good sounding board and listen to what the other residents of our community want and need. Many times I have been referred to as a "Community Activist" I consider myself a resident involved in my community and someone they can come to with concerns and issues. Agenda Item No. 9A Pkeseaaoch am, addidonalinormmionyoa eel S tember 7, 2005 j f petthrenG Tkis applic� ion should bejorww*,d to Sae Filson, Executive ll11..Mb l 9 of 14 Board of Countr Commissioners. 3301 East Tamiami Tram Xapler, FL 3,1111. If you Nvh, please fox your application to (9 1)771.3 ar Thank you jor rolunteering to se ve the citiWm of Collier CounQ-. 0 • • 40 Agenda Item No. 9A September 27, 2005 Page 10 of 14 Cheryle L. Newman 510131st Avenue, S.W. Naples, Florida 34116 941.353.7969 E-Mail Birdldy2 @aoi.com EDUCATION Grade School - Fraser Public Schools Fraser, Michigan High School - Fraser Public Schools Fraser, Michigan Graduation - June 1964 College - Ferris State University Big Rapids, Michigan Associates WORK EXPERIENCE BUDD COMPANY - DETROIT. MICHIGAN NOV.1965 - JULY 1968 CLERK TYPISTIFILE CLERKISTATIONERY STORES - SALES S ENGINEERING DEPT. Order and supply all stationery Items to the Sales and Engineering Departments. All central filing of Sales Orders, etc. for the Sales Department. DESIGN PRODUCTION INCORPORATED - ALEXANDRIA. VIRGINIA SEPT. 1968 - APRIL 1969 "One Girl Office" ASSISTANT TO: PRODUCTION MANAGER TRAFFIC MANAGER PURCHASING MANAGER ART DEPARTMENT MANAGER 0 Agenda Item No. 9A September 27, 2005 Page 11 of 14 BUDD COMPANY - DETROIT. MICHIGAN FEB. 1970 - JAN. 1971 STENOGRAPHER - PURCHASING DEPARTMENT Secretary to the Capital Equipment Buyer, Head Steel Buyer and Head Tooling Buyer. BUDD COMPANY - DETROIT. MICHIGAN NOV. 1973 - DEC. 1993 PURCHASING DEPARTMENT 1973.1981- SECRETARY 1981.1984 - WHEEL & BRAKE DIVISION CONFIDENTIAL SECRETARY 1984.1985 - ADMINISTRATIVE SECRETARY 1985.1989 - SENIOR BUYER MAY 1989-NOV. 1989 - CONFIDENTIAL SECRETARY TO THE PRESIDENT. NOV. 1989-DEC. 1993 - ADMINISTRATIVE ASSISTANT - SENIOR BUYER Purchasing items of responsibility have consisted of stationery supplies, perishable tooling, nuts and bolts (small fasteners), bearing cups, hubs and forgings, office equipment (faxes, copy machines, etc.) office services (janitorial, is temporary employees, equipment services, etc.) telephone system, vehicles and all M.R.O. items for the Farmington Hills Offices. TUFF PUBLICATIONS - NAPLES. FLORIDA MAY 2000 - FEBRUARY 2001 OFFICE MANAGER MARCH 2001— MAY 2002 GENERAL MANAGER Omanizations Affiliated with: Past President - Golden Gate Area Civic Association Golden Gate Area Civic Association - Board of Directors Golden Gate Area Civic Association - Vice President Golden Gate Volunteer Code Enforcement Group Co- Chairman Golden Gate Beautification Advisory Committee Past Chairman - Golden Gate Civic Adopt -A -Road Program Past Chairman - Golden Gate Community Center Advisory Board "Citizens on Patrol" Volunteer Civic Association Golden Gate Womens Club - President - 2000MI Sheriffs Golden Gate Community Advisory Committee Agenda Item No. 9A September 27, 2005 Page 12 of 14 State Rep. Dudley Goodiette Advisory Committee Graduate of Collier County Sheriffs Citizens Academy C.E.R.T. Graduate - First Team - Golden Gate Fire R Rescue District Sheriffs Community Observer Patrol Volunteer - Golden Gate City Golden Gate Festival Committee - Co -chair 2003105 Kiwanis Club of Golden Gate - President 2004105 Messiah Lutheran Church - Church Council - Publicity filson_s ANIkk om: advisoryboards @collergov.net Sent: Wednesday, August 10, 2005 10:37 AM To: Olson s Subject: New On -line Advisory Board Application Submitted. 0 8/22/2005 co er coHnty Board of County Commissioners �—^- 3301 East Tamiarni Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 August 10, 2005 Application for Advisory Committees / Boards Name: patricia spencer Home Phone: 239 - 304 -6886 Home Address: 5401 25th place sw City: naples Zip Code: 34116 -7501 Page I of 2 Agenda Item No. 9A September 27, 2005 Page 13 of 14 5�E r� Fax Number: No information provided. Business Phone: No information provided. Email Address: gospencer@yahoo.com Place of Employment: retired How long have you lived in Collier County? 4 -5 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: golden gate mstu Category: (if applicable) No information provided. Do you currently hold public office? No Do you now serve, or have you served on a Yes 40 Collier County board or committee? ff yes, please list the boards / committees: Pathway Advisory Committee ( PAC ) 2030 Long Range Transportation Plan Steering Committee Please list your community activities: GG MSTU, GG Civic Assoc. and GG Civic Assoc. board Education: high school and life Experience /Background: wild life conservationist and supporter sierra club nature concervancy naples pathway coalition operations manager for computer hardware training centers for hewlett- packard pta president and treasurer girl scout leader girl scout summer camp leader 1 61 8/22/2005 Page 2 of 2 Agenda Item No. 9A September 27, 2005 Page 14 of 14 r^ OBJECTIVE: To appoint 3 members to serve 4 year terms, expiring on October 1, 2009, representing Commission Districts 1, 3, and 5 to the Collier County Planning Commission. CONSIDERATIONS: The Collier County Planning Commission has 3 terms expiring on October 1, 2005. This 9 member committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1, Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. A list of the current membership is included in the backup. The terms for Russell A. Budd (Commission District 3), Paul Midney (Commission District 5), and Lindy Adelstein (Commission District 1) will expire on October 1, 2005. A press release was issued and resumes were received from the following 7 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Lindy Adelstein — re-app Commission District 1 1 Yes CCPC Robert Chody Commission District 1 1 Yes None Norman A. Peter Commission District 1 1 Yes None Russell Tuff Commission District 3 3 Yes None Michael Dedio Commission District 3 3 Yes None Paul Midney - re-appt Commission District 5 5 Yes I CCPC Bruce Charles Banko, II Commission District 5 5 Yes None COMMITTEE RECOMMENDATION: Quasi- Judicial — no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 27, 2005 Agenda Item No. 9B September 27, 2005 Page 2 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 913 Item Summary: Appointment of members to the Collier County Planning Commission. Meeting Date: 9/27/2005 9 :00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 9!13/2005 2:24:36 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911412005 7:19 PM Commissioners Agenda Item No. 913 September 27, 2005 Page 3 of 30 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Susan Murray, AICP, Director, Department of Zoning and Land Development Review Date: September 13, 2005 Re: CCPC Vacancies As an advisory board which makes decisions on quasi - judicial land use petitions, the Collier County Planning Commission voted unanimously against making recommendations for specific applicants to fill vacancies on the Planning Commission. Based on my review of the attached resumes and back up material, the candidates appear qualified. I have attached a spreadsheet summarizing pertinent information for the applicants. Should you need additional information please don't hesitate to contact me. cc: Joseph K. Schmitt, Administrator Community Development & Environmental Services Division m0 o 0 �t co E QU) w 'v C V c E -0 CA c c c o� K c O V v m 0 U T 0 d co CL LO 0 CD O kn A a� O z kn n A clo •e o r. o�� o c aU�•.. o-0 .. o o o o 4_0 C � 0IC7 $a .2 Al � �.��j � c � Sri; $•� c � � � •ab w o �+� a z v, b au 0 a 0 rain u �aivax4Ux y ci S a o « o o o U C7 a kn O Q U a 0 O O� N N N cc cn C1 N g go z b � b zi 41 T 0 d co CL LO 0 CD Agenda Item No. 913 September 27, 2005 Page 5 of 30 Collier County Planning Commission Name Work Phone Appt'd F.xA Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Robert P. Murray 09/10/03 10 /01 /07 4 Years 9087 Michael Circle, #1 417 -9915 Naples, FL 34113 E -Mail: bobsails @msn.com District. 1 Category: Commission District Mr. Russell A. Budd � d �,r:s �643 -6527 09/21/93 5981 i 594 -3012 09/25/01 Naples, FL 34119 E -Mail: russellbudd @sprintmail.com District: 3 Category: Commission District Mr. Robert Vigliotti 2769 Island Pond Lane Naples, FL 34119 E Mail: robertvigliotti@comcast.net District: 3 Category. Commission District Mr. Kenneth L. Abernathy 4200 Belair Lane, Apt. 108 Naples, FL 34103 E -Mail: kla @att.net District. 4 Category: Commission District Mr. Paul Midney 1807 Roberts Avenue Immokalee, FL 34142 E Mail: midney@aol.com District. 5 Category: Commission District 293 -1040 593-6604 263 -4295 658 -3000 657-6815 04/13/04 09/29/99 09/10/03 09/25/01 Thursday, September 30, 2004 Page I of 3 10/01/97 10/01/05 10/01/07 10101103 10/01/07 10101105 4 Years 4 Years 3+ Years 4 Years 4 Years 4 Years Agenda Item No. 96 September 27, 2005 Page 6 of 30 Collier County Planning Commission Ms. Donna J. Reed 790 Wiggins Bay Drive Naples, FL 34110 E Mail: djreedl@comcast.net District: 2 Category: Commission District Mr. Bradley William Schiffer 520 Sugar Pine Lane -° Naples, FL 34108 E -Mail: brad@taxis- usa.com District: 2 Category: Commission District Mr. Lindy Adelstein 239 -1 Palm Drive Naples, FL 34112 E -Mail: lindyadel@cs.com District. 1 Category: Commission District 514 -2780 254-0285 254 -0285 732 -0966 09/28/04 02/11/03 09/28/04 09/25/01 10/01/08 10/01/04 10/01/08 10101 /05 Ms. Amy Taylor 254 -4395 10/14/03 10 /01 /07 5775 Osceola Trail Naples, FL 34109 E -Mail: District: Category: School Board Representative/Non- Voting Member Thursday, September 30, 2004 Page 2 of 3 4 Years 1.5 Years 4 Years 4 Years , Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Mark P. Strain 404 -0104 09/11/01 10/01/04 3 Years 3675 Third Avenue, N.W. 455 -7858 09/28/04 10/01/08 4 Years Naples, FL 34120 E Mail. mpstmin@aol.com District. 5 Category: Commission District Ms. Donna J. Reed 790 Wiggins Bay Drive Naples, FL 34110 E Mail: djreedl@comcast.net District: 2 Category: Commission District Mr. Bradley William Schiffer 520 Sugar Pine Lane -° Naples, FL 34108 E -Mail: brad@taxis- usa.com District: 2 Category: Commission District Mr. Lindy Adelstein 239 -1 Palm Drive Naples, FL 34112 E -Mail: lindyadel@cs.com District. 1 Category: Commission District 514 -2780 254-0285 254 -0285 732 -0966 09/28/04 02/11/03 09/28/04 09/25/01 10/01/08 10/01/04 10/01/08 10101 /05 Ms. Amy Taylor 254 -4395 10/14/03 10 /01 /07 5775 Osceola Trail Naples, FL 34109 E -Mail: District: Category: School Board Representative/Non- Voting Member Thursday, September 30, 2004 Page 2 of 3 4 Years 1.5 Years 4 Years 4 Years , Agenda Item No, 9B September 27, 2005 Page 7 of 30 Collier County Planning Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateR"ppt 2ndExpDate 2nd Term This 9 member committee was created by authority of Chapter 67 -1246, Laws of FL. On 09/03185 the BCC adopted Res. No. 85-190, expressing intent to consider an ordinance consolidating functions of Coastal Area Planning Commission and Immokalee Area Planning Commission into CCPC. On 09124/85, Ord. No. 85-51 created the CCPC, which was repealed by LDC Ord. 91 -102. This committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. On 1-8-03 at an LDC Mtg the BCC amended the LDC (sec. 5.2.3.2) to include a member of the School Board. The BCC determined on 10/14103 that they will be a non voting member. FL STAT Staff Susan Murray, Current Planning Manager: 403 -2300 Thursday, September 30, 2004 Page 3 of 3 0 Agenda Item No. 9B September 27, 2005 Pa�q,e 8 of 30 MEMORANDUM DATE: August 22, 2005 TO: Elections Office i FROM: Sue Filson, Executive Manag Board of County Commission RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the counWs 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. CCPC COMMISSION DISTRICT Robert Chody / 101 La Peninsula Boulevard',, Marco Island, FL 34113 Norman A. Peter 279 Albi Road, #3 Naples, FL 34112 Russell Tuff 2642 44th Terrace, S.W. Naples, FL 34102 Michael Dedio 2917 Lone Pine Lane 3 Naples, FL 34119 Paul Midney v � 1807 Roberts Avenue Immokalee, FL 34142 Bruce Charles Banko, II 4230 2& St. NE Naples, FL 34120 Lindy Adelstein / 239 Palm Drive, 01 Naples, FL 34112 Thank you for your help. Agenda Item No. 9B September 27, 2005 Page 9 of 30 Agenda Item No. 9B September 27, 2005 MEMORANDUM Page 10 of 30 DATE: August 22, 2005 TO: Susan Murray, Current Planning FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Collier County Planning Commission 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: Robert Chody 101 La Peninsula Boulevard Marco Island, FL 34113 Norman A. Peter 279 Albi Road, #3 Naples, FL 34112 Russell Tuff 2642 44th Terrace, S.W. Naples, FL 34102 Michael Dedio 2917 Lone Pine Lane Naples, FL 34119 Paul Midney 1807 Roberts Avenue Immokalee, FL 34142 Bruce Charles Banko, II 4230 200 St. NE Naples, FL 34120 Lindy Adelstein 239 Palm Drive, #1 Naples, FL 34112 Please let me know, in writing within the 41 day time -frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Agenda Item No. 9B September 27, 2005 Page 11 of 30 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 08/11 5 07:53 2393941343 CERTIFID APPRAISERS BOard iof•COnnty Cowpulsdonam -,dol relit TawAkAd Trod 14SPU44. FL 34M ..': C190) 774-007 Aft=12") 774-3"2 APPReA06* lbrAj I.Vftory C6wjdddtcecxMoardS PAGE 02 Agenda Item No. 9B September W?"05 Page 12 of 30 r W � EL--A& Some -f -1 'S -- L X* cads. =5 At. t t 0-4s<L� Addran.- B C-5 CA S-t, (v L--7 X--qpw C Aim YM a 6,0511-0 ad VOW b 1 04111W c4wRw: DO you cUrzMtwbvwv%bx.-DWXvT Yw- NO ✓ Iff an, Do YM now wry or hx" Y" 4" er ON a coulm cansw beaffa or COMMSOW TM N. 'rye% vl-"*Na 00 48MMAne"Mi narAsL 2-Ift" wt YOMW "MMKOW 4 I-awm" (civic 0064 we' borbood assoclodour, aw- a" powdom kaws cr =-M-M 0 A I x W;W M ism= ad%" shmm rapx"jwmmxy 0 '4111111,11W MWIX2. no M =703==T= nNMOMW J*mm&jwwfiw A awc"Mcol RECEIVED AUG 19 2005 .-1 Board of County Commissioners filson s om: advisoryboards@ooliergov.net Sent: Thursday, August 18, 2005 10:32 AM To: Olson s Subject: New on -line Advisory Board Application Submitted. • • 8/22/2005 Board of County Commissioners 3301 East Tamlaml Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774-3602 August 18, 2005 Application for Advisory Committees 1 Boards Name: Norman A. Peter Home Phone: 239 -417 -5576 Home Address: 279 Albi Rd 3 City: Naples FL Zip Code: 34112-3113 Page 1 of 2 Agenda Item No. 9b September 27, 2005 Page 13 of 30 rvy �1 Fax Number: 239 - 263 -0648 Business Phone: 239 - 263.6016 Email Address: npeter1024@aol.com Place of Employment: Kalvin Design Studios How long have you lived in Collier 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 J Committee Applied for: Planning Committee Category: g ry: (if applicable) No information provided. Do you currently hold public office? Yes If yes, what office do you hold? J jlw� 8/22/2005 Republican Executive Committee Dist #135 Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: AIA FLSW Past President & BOD 2001 -04 Treasurer Naples Sail & Power Squadron BOD Glades Goff & Country Club Republican Mens Club K of C 3rd. & 4th degree Education: Quincy College 1951 (Quincy, Illinois) Experience / Background: Licensed Architect in the state of Illinois 1968, privated practice as a principal from 1970 thru 1997. Elected county board member 1968 thru 1994. Licensed Architect in the state of Florida from Feb 1974 and is current presently practicing with Kalvin Design Studios. Licensed as a Florida Real Estate Salesperson not active. Licensed as an Asbestos Design Professional current. Page 2 of 2 Agenda Item No. 913 September 27, 2005 Page 14 of 30 filson_s m: advisoryboards@lcoloorgov.net Sent: Tuesday, August 16, 2005 8:32 PM To: filson s Subject: New On -fine Advisory Board Application Submitted. Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 August 16, 2005 Application for Advisory Committees / Boards Name: Russell Tuff Home Phone: 239- 353 -1687 Home Address: 2642 44th Terrace SW . City: Naples Zip Code: 34102 Page 1 of 2 Agenda Item No. 98 September 27, 2005 Page 15 of 30 Fax Number: 239 -353 -1687 Business Phone: 239 -353 -1687 Email Address: russell@tuffnews.com Place of Employment: Collier Citizen 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 1 Committee Applied for: CC Planning Commission Category: (if applicable) District 3, Business Person, Citizen • Do you currently hold public office? No 8/22/2005 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards 1 committees: Golden Gate Master Plan Committee, Economic Advisory Committee, CATF, Collier County Toursism Committee, various task forces including the most prized title yet "Certified Landfill Sniffer." Please list your community activities: Active - Golden Gate Civic Association Board of Directors, Various School functions, as well as Naples Chamber activities from time to time. Education: BA - History/Political Science BA - Business Administration Minor - Religion Experience / Background: Past President and or board of director of many civic and and community organizations. Wj 8/22/2005 Page 2 of 2 Agenda Item No. 913 September 27, 2005 Page 16 of 30 filson s Wbm: advisoryboards@colliergov.net Sent: Monday, August 08, 2005 7:54 AM To: filson s Subject: New On -line Advisory Board Application Submitted • CJ 8/22/2005 co count, Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 August 08, 2005 Application for Advisory Committees / Boards Name: Michael Dedio Home Phone: 239 -254 -9101 Home Address: 2917 Lone Pine Lane City: Naples Zip Code: 34119 Page 1 of 2 Agenda Item No. 913 September 27, 2005 Page 17 of 30 Fax Number: 239 -254 -9101 Business Phone: 239- 272 -7858 Email Address: mdedio2000 @yahoo.com 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? Yes Board / Committee Applied for: Advisory Committee to Collier County Planning Commission Category: (if applicable) No information provided. Do you currently hold public office? No 4N 8/22/2005 Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: President of the Board of Directors for the Olde Cypress Homeowners Assoc. Member of the Collier County Republican Club Education: High School Education, Graduate of RETS Electronic School Continuing Education with AT &T and Verizon thru various programs established with Schoo's of higher education Real Estate License in the States of New Jersey & Florida Experience / Background: Communication Engineer AT &T, Verizon. Mayor of Riverdale N.J. for 25 years Member of Riverdale NJ Planning Board 25 years Served 3 yr. term on the Morris County Board of Freeholders (1 yr. as Director and 1 yr. as Deputy Director)) Served on the Morris County Municipal Utility Commission Received Verizon's Person of the Year Award Exempt Volunteer Fireman Member of the NJ Leaque of Municipalities Page 2 of 2 Agenda Item No. 9B September 27, 2005 Page 18 of 30 0 • Agenda Item No. 9B September 27, 2005 Board of County Commissioners Page 19 of 30 3301 East Tamiami Tr Naples, FL 34112 akECEIVED (239) 774 -8097 i Fax: (239) 774 -3602 AUG 1 1 Z Board of County Commissi ' Application for Advisory Committees /Boards Name: �� !rl Home � Zip Phone: Z7 % , d S 7, CPI S Home Address: / a 7 Ale Code: ' ' _ � z-- �5� -3�7� g_ o Fax No. Business Phone: �i S 3 00 e -mail address: D M e P {, i e(: o Place of Employeement: 1 " ev- /" sPr ✓, c r� F 1,'c Board or Committee Applied for:: (0 V4 r- P/A 6s "'A It V% ^7 , S, fi q � Category (if applicable): 14 V eel 1-10 V-► Example: Commission District, Developer, eavironmenta ist, lay person, etc. How long have you lived in Collier County: Years Months .� Are you a registered voter in Collier County: Yes g ty ffi No � Do you currently hold public office? Yes No If so, what is that office? Have you ever been convicted of any offense against the Law? If yes, explain: Do you now serve, or have you ever served, on a Collier County boarq or comrpltt, If yes, please list the committees/boards: _ e,s //. e i Co .n V I a Please list your communil held: �- " o ka (4 .2 &K& e. GAO fir+. Kw. Education: �. Experience: C4 � r ^ "s /a re- S-. r /'- n`p �c n L Q e- Ti-o r =.M M o kC U. l G"P— W. Yes No 1/ Yes No acti_vitie (civic clubs, neighborhood associations, etc. and positions /`A71 vas r o a / r WfevN Ile e— o/ n., ✓t' Je rk << 4 ' (- �-.P - a. ryn e e4 b e r- a b e rC3 Z 4 rze. of „r rr r — 7 ./ e- Please attach any additional information you feel perdne" This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. 7f you wish, please fax your application to (139)77` -3602 or e-mail to Thank you jor volunteering to serve the citizens of Collier County. 0 K From The Desk Of Bruce Charles Banko II August 9, 2005 Sue Filson Executive Manager to the Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 Ms. Filson: Agenda Item No. 913 September 27, 2005 Page 20 of 30 RECEIVED AUG 1 0 20Q5 Board of County Commissioners Attached you will find my Application for the Collier County Planning Commission, a brief biography on myself, and a few articles that have been written on me. I am very proud to have this opportunity to apply for a position in Collier County Government. I moved to Collier County at the age of 10, and have watched the area explode over the last eleven years. Collier County is my home and the ability to make a difference in the community, to leave a lasting impact, is something that I have dreamed of and strived for my entire life. Serving on this committee would be a great honor to me if appointed, and I look forward to hearing from yourself and/or the Board of Commissioners. Should you need any additional Information please do not hesitate to contact me at the number listed below, or via e-mail brucebanko0swfla.rr.com. Again, thank you for reviewing my application and I look forward to hearing from you. Sincerely, , A ,-, . 4 5;V_1 Bruce Charles Banko II 4230 20th Street NE - Naples, Florida 34120 -2907 Phone: (239) 403 -1026 - Toll-Free Fax: (877) 469 -6590 • Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 7743602 Application for Advisory Committees /Boards Agenda Item No. 913 September 27, 2005 Page 21 of 30 ��4 I a -. Name: Bruce Charles Banko II Home Phone: (239) 398 -1560 Home Address: 4230 20th Street NE, Naples, FL Zip Code: 34120 Fax No. (877) 469 -6590 Business Phone: (239) 403 -1026 x11 e-mail address: brucebanko 0swfla,rr.eom Business: Global Tracking Corporation Board or Committee Applied for: Collier County Planning Commission Category (if applicable): Lay Person / Collier Resident Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes No Do you currently hold public office? Yes No If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes No . If yes, please list the committees/boards: 0 Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: See attached lograp y for Experience Education: St. John Neumann High School, High School Diploma - 2002 Florida Gulf Coast University, Currently Pursing BA and Masters In Political Science I have been a resident of Collier County for appx. 10 years. I essentially grew up here and genuinely care about what happens to the area. I would like an opportunity to make a difference in the future of the county so that someday when I have children they too can grow up here See anached biography I Please attach any additional information you feel pertinent This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tantiaml Trail, Naples, FL 34112. kf you wish, pl_ fax your application to (239) 774-3602 or &+nail to suetilsoimik llierror.net Thank you for volunteering to serve the citizens of Colder County. Agenda Item No. 9B September 27, 2005 Page 22 of 30 Bruce Charles Banko II President, Founder, and CEO of Global Tracking, Bruce C. Banko II has over 12 years combined experience in both the information - technology and business management fields. Prior to his founding of Global Tracking, Bruce served as President of Banko Tek, Inc., a technology consulting firm on Marco Island in Florida. Bruce has also been a part of such organizations as: The Naples Community Healthcare System, VSM.net, Alternative Construction Inc., and even Soft -Art, Inc. a multi - national translation software developer. While working with these various organizations Bruce has acquired a vast knowledge of both business management and information - technology, which he is quick to share with both co- workers as well as customers. Bruce is a member of the Naples Press Club, and serves St. John Neumann High School's Athletic Department as its Volunteer Sports Information Director. He has been announcing athletic events at St John Neumann High School for the past five years, and sits on the Athletic Advisory Committee for the school. He received the National Republican Congressional Committee's Florida Businessman of the Year Award in 2002, and is also an Honorary Chairman of the NRCC's Business Advisory Council. In 2004 Bruce was inducted as a member of "Who's Who In Executives and Professionals." In addition to working full -time, Bruce currently attends Florida Gulf Coast University and is ultimately pursuing a Masters Degree in Political Science. J i n �J • r� U Agenda Item No. 913 September 27, 2005 Page 23 of 30 Marco ( MARCO ISLAND EAGLE Wunderldnd and wonderfully kind: Young Marco professional dedicated to job, others Wednesday, July 18, 2001 By ELIZABETH WENDT, Staff Writer A thunderstorm is stirring outside, and it is making Bruce Banko a bit nervous. He may be 17 years old, but lightning still has the power to send a shiver up this computer technician's spine. He's running late, too. Last night, he stayed up late to nurse a sick friend and this morning, Banko has traded punctuality for a few extra winks. "I'm always running late," he said. "Typical computer guy." Banko amends his statement. "Not 'typical computer guy.' Typical Bruce, really. I've got so much to do I'm always running late," he explained. Banko's date book is perpetually bulging. He has his church and civic commitments to consider, and his social and academic appointments. Then, Banko has work. Marco Island resident and computer company owner Bruce Banko, aye 17. Banko's business Is thriving, but for him there Is more to success than the bottom line — he Is also deeply committed to his community, family and friends. Erlk Kellar/Marco Island Eagle Photo A little over a year ago, the young Marco Island resident formed Banko Tek, a computer consulting and service company. Prior to that, he worked for Soft Art, another island computer company. And before Soft Art, just after turning 14, Banko served on the technology committee at the then - unopened Marco Island Charter Middle School. Banko has also completed a computer internship in the Naples Community Hospital system and designed a lunch- ordering program at his high school, St. John Neumann. The media loves a wunderkind, but this wunderkind prefers to keep a low profile. He thinks of himself as an ordinary teen -ager, and says his love for the work he does -- not gaining recognition for it — is what motivates him most. "I like being well -known for what I do, but I'm more of a service - oriented person. I don't want the fame," he said. "The fortune would be good, but I wouldn't spend it on myself." Agenda Item No. 913 September 27, 2005 Page 24 of 30 Instead, Banko would like to be able to contribute much of his earnings and his time to community service. He is already active. In his first two years at Neumann, he completed 300 community service hours, well beyond the school's requirement. This summer, Banko is working with the students at Manatee Elementary School in the Helping Other Students To Succeed mentoring program. Academic assistance is a cause Banko is devoted to, largely because of his own education struggles. While in his freshman year at Neumann, Banko was diagnosed with Attention Deficit Disorder and Test Anxiety Syndrome. He calls that time a "downhill spiral for me." Disheartened, Banko considered dropping out of school — he was, after all, making a fine living as a computer technician. His parents, Bruce and Harriet, refused to allow him to quit. "My whole family has always supported me. When I'm ready to give up, they really help me move on, really get through it," he said. With work and flexibility by the school, Banko manqiged to raise his grades and morale. He credits three teachers especially with helping him through the years — Charlie Mearsheimer at Manatee Middle, Laura Campbell and Brother Chris Burns at Neumann — but admits there are some things he knows he will never master. "To this day, I still don't know my multiplication facts," he said. "But," he added with a grin, "I've made it pretty far without that stuff." Far indeed. As a little boy, he used to take apart and reassemble toasters — now, he sometimes retrieves lost computer information that can save companies millions of dollars. There is still much of that little boy in him. On his office desk are army men and plush toys. On his office shelves, a row of eclectic books resides: next to The 21 Irrefutable Laws of Leadership, are study guides to Oliver Twist and Frankenstein. It is a dichotomy he quickly realizes and freely discusses. "It's basically like I'm two different people," he explained. "There's my job and then there's everything else. "And the biggest problem is that a lot of stuff gets mixed together, and it is so hard for me to determine, you know, should I be Bruce from work or should I be Bruce from school," he said. Agenda Item No. 913 September 27, 2005 Page 25 of 30 Banko knows owning his own company has forced him to mature faster than usual, but says his family situation is part of that, too. When he was younger, his mother was frequently ill. Harriet Banko is healthy today, but "it's real confusing when you're little," he recalled. Banko believes his strong religious faith is also a result of his mother's once - chronic illness. Just as he credits his family and teachers for their hand in his success, he also gives thanks to God. "Pm trying to juggle all the balls at once, and just make sure nothing hits the floor," he said candidly. "I thank God every day for what I do." Despite all the "different hats" Banko wears during a day, he feels well - adjusted and happy. His work is especially fulfilling. "I love what I do, that's really all it comes down to. This is my affinity, this is what I aspire to do," he said. "I can't picture my life without it. "If I have a problem with a computer, I'll stay up until two, three in the morning to figure it out," he added. "I'll never leave a problem untouched." He likes the Marco- Naples area, too. His accomplishments have drawn the attention of colleges across the country, but Banko has no desire to go away to school. He plans to attend Florida Gulf Coast University. "I feel that it is a gift and a godsend to be able to stay here and go to college and still make money so I can pay for college," he said. "I'm not looking for the best' school." No, Bruce Banko is looking for the best life. "If I could do community service for the rest of my life, that's my ideal goal," he said, "to make enough money where I can donate to the organizations I work with and maybe start my own foundation someday," Banko continues. "I love community service, I love helping others." The morning storm is starting to clear now. Banko can relax, and head to Manatee Elementary for his afternoon mentoring session. Work is good, life is good, he says in parting. He loves every minute of every overworked day. Typical Bruce. • • Bruce Banko J On the fast track for child safety by CAM SMITH Smoky smells of honey and cedar Rost and hang in the ak lighters and ashtrays decorate the small bar Inside Mr. Bona' Havana Club. Three tdeAsiow chatter in the background. A circulator We on to dear the air. A humidor room next to the bar is a small, cigar heaven where cigar enthusiasts damor to sample the fine fragrances of Sir Waha Raleigh's cone. Warm lights glow making it easy for customen to alas, remi- niace and remember their younger days. But some have more'younIp days' than others. one fellow, in fact, could arguably still be in his 'younger days' right now. At only 18, he's catainly one of the youngest patrons of this very did- boy -ish dub. Amazingly too, the kid sips on a coke instead of the usual port. It's a good thing, too, sins he's too youngto drink But he's no ordinary I8 -year- old. This good old boy is a multi - millionaire and the owner of his own successful company. His name is Bruce Banko. Tb his friendar Ws AFBank.' I let Banko know rm here and ask him to step ouW& so I will be able to interview him, in the dear, awry from the smoky haze of the dub. In the daylight he looks We any other 18- year -old. But when you start to talk to him, you realize he is special. Banko comes to Mr. Bones every night around ten d dodo The blunder Jimmy knows Banko's sdm duk bem than Banko does himself 'ft's iike'Criars' and rm'dorm!' 'Banko' belts out la»04 when [ mention the owner of the bar calls him a child prodigy. 'I think it's cool they think that molds of rne. But I wrouWrt't cal. Myself that, ' he replies. . Banko'a humble per- sonality belies the fact that he is cuneuly on the veW of pladog his com- pa" the Globat'!mddng Corporation, oh the international business map. He's developing a technology that could d*,.-hwxkdly pr vmt, the thousands of caeca of missing drildren that are reperw em9 7W around ttie world. BardWs mmpaay Bells trading device to bud - neeees and individuals for Beets of vehicles or properties. Howem Banko claims that >IS Agenda Item No. 9B September 27, 2005 Page 26 of 30 • El • Bruce Banko» his biggest aocompliihment is soon to be unveiled. Applying the tecwnology he already uses, U*n is developing a btacekt for M. drea that wilt trade their location at all times. 'I sines* hope that this wW work m malae the Wa of missing duiWm a problem of the past,' he sags► brealdng his impish smile with a serious tone. 'If my sedroologaa will hdp people that`s what rm all about,• a pWas Banton. 'If I oc uld just do community servlom there's nothing lilac the feeling when you know you've truly hdped somebody. It's the best feeling fen the world It makes your entire life worth it' Tie teerhw doe m t seem lilm a ruthless CPA, perhaps because he is still quite young Perhaps that's not in fine with his goals. But ruthieas or not, people in Mc Bones describe their pal %anK as having 'let' —the thing most people never achieve m their livea —and a true genius. Plus he's also a nicetuy. Global Tiaddrhg Corporation, the company now devdoping the child safety m echimism, is Bantro's second company. When he was just 15, Bruce founded Bodo Tek which built and fined computers. He slut the company down to step into computer Consulting and siting GPS systems. Banloo also trained as an intern at a large computer software company on Marco Island when he was 14. And he didn't Just ®et lunches for the bigwigs —Baww ram the Company's computer netwodc Tie St. john Neumann High School pad o plain that it was during a summer school break that he disoovered his love for comp nm Agenda Item No. 9B September 27, 2005 Page 27 of 30 'when I ran out of boob at the Honey, I stat- ed taldng the mmpuoa sport,' titaalao say:. Ws -Aways been curious. He claims he wobe his mother up in the middle of the night, when he was n2gy young to ask her who WmAed the light bulb. He. describes himedf n a •'netdy kid,' ahhough now hers beoome the life of the party and something of a curiosity, at Mz Bona: But ad fim loving as he is, his dead - serious side is always just beneath the stufam and his priorities far surpass the pall of the average 16- year -old. Banko doesn't care and appasentiy never has carol about typical con - osms: looking cool, droning for show and networking the 'ia- crowd. No, Bruce dresses simply and playa dawn his m gexnesa. He has work to do. The teenage millionaire even chins he does not know haw muds he & worth, even after I press the question three times. Banloo's hiends in the club laugh at ow asidag and say simply, 'he knows.' But Banlao explains: 'Ihe only Wesson I would cane about how much rm worth is because I need money to help pea plea I warn to make the world a better piam It aeerh1 a little innocent to me; so I ask him if he ftr& that his naive passion will weir off as he Continues to expand his &Wnew es-and grow up. After a brief smile Bank looks at me and say;, 'No. les my affinity. lea my denim The only thing that matters is being proud of your life and what you have done with it.' Hopefully be won't grow out of theme lofty ideals. 0 Bruce Banko 11 tom: SportslemCaol.com f t: Wednesday, August 10, 2005 8:25 AM : suefilsonocolliergov.net Cc: brucebanko0swfla.rr.com Subject: county planning commission positions openings P elofI Agenda Item No. September 27, 2005 Page 28 of 30 Dear Sue, I'd like to take this opportunity to recommend a candidate for one of the openings in the county planning commission to you and the Collier County Board of Commissioners. I would like to recommend and endorse Bruce Banko for one of these open positions. Bruce is a longtime resident of Collier County who is committed to serving and improving this community. I have run Into Bruce on countless occasions as he is volunteering his time to help one of the many charities and county events that go on each year In Collier County. Bruce is someone who cares about his community and who I know will give 110% towards any position he is appointed to by the Commissioners. Therefore, I would like to endorse and support Bruce Banko for a seat on the County Planning Commission. Bruce, should be coming in to drop off all of his paperwork to you today or tomorrow. Best Wishes, Lee Horn Ord Member - Collier County Environmental Advisory Council (EAC) vi Member - Collier County Contractor Licensing, Permitting, and Oversight Board fcopy 8/10/2005 Page 1 of 1 Agenda Item No. 913 September 27, 2005 Page 29 of 30 flison s From: Sportslem @aol.com Sent: Wednesday, August 10, 2005 8:25 AM To: flison s Cc: brucebanko @swfla.rr.com Subject: county planning commission positions openings Dear Sue, I'd Ike to take this opportunity to recommend a candidate for one of the openings in the county planning commission to you and the Collier County Board of Commissioners. I would Ike to recommend and endorse Bruce Banko for one of these open positions. Bruce is a longtime resident of Collier County who is committed to serving and improving this community. I have run into Bruce on countless occasions as he is volunteering his time to help one of the many charities and county events that go on each year in Collier County. Bruce is someone who cares about his community and who I know will give 110% towards any position he is appointed to by the Commissioners. Therefore, I would like to endorse and support Bruce Banko for a seat on the County Planning Commission. Bruce, should be coming in to drop off all of his paperwork to you today or tomorrow. Best Wishes, Lee Horn Board Member - Collier County Environmental Advisory Council (EAC) Board Member - Collier County Contractor Licensing, Permitting, and Oversight Board 8/22/2005 F1 Afts RECEIVED AUG 04 2OG6 Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Agenda Item No. 913 September 27, 2005 Page 30 of 30 Application for Advisory Committees /Boards Name: Home Phone: Home Address: Zip Code: Fax Nof 3l —7 iness Phone: 23? 7,1�lt kmatiaddress: �1Y7 -P \""�S . �-v►Y Place of W1110�A010 Board or Committee Applied for; Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years 5- Months Are you a registered voter in Collier County: Yes No Do you currently hold public office? Yes o If so, what is that office? Have you ever been convicted of any offensq against Law? Yes No , If yes, explain: Do you now serve, or havib you ever sere on a o ier County board or committee? Yes 140 z scam w t�-R �. Please 1 t your c munity activ1 ' (civic clubs, neighborhood associations, , and sitions held: E� 8C Please attach any additional information you feel pertinent This application should de forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamkwl Trap Naples, FL 34111 ffyou wish, please fax your application to (239)774 -3602 ore -maU to sueRlsonrdacoil&reov.net Thank you for volunteering to serve the citizens of Collier County. CONSIDERATIONS: An interlocal agreement among Collier, Charlotte, Hendry, Glades, and Lee Counties designates the Collier County Board of Commissioners to confirm appointments to the Workforce Development Board, Region 24, from nominations submitted by organizations according to the Job Training Partnership Act. This board is a partnership between business, labor, education, community, and government services to ensure that a skilled workforce is available to the regional economy it serves. The Workforce Development Board, Region 24, is composed of 45 members representing the private sector, education, organized labor, rehabilitation facilities, community based organizations, economic development and public employment service. The Board also oversees and provides policy guidance for programs funded through the Job Training Partnership Act (JTPA). A list of the current membership is attached for your review. Mr. Joseph Paterno, Executive Director for the Workforce Development Board, in a letter dated July 26, 2005, is requesting confirmation of the following appointments nominated by the Board of Directors of the Collier County Economic Development Office to fill the business sector vacancies. Ms. Amy Garrard Quarles & Brady 4251 Gulf Shore Boulevard North, Plaza B Naples, FL 34103 Telephone: 239-248-6160 E -mail: amp ag rrardnhotmail.com Mr. Todd Hoffman Gulf Coast American Fabrication 3705 Westview Drive Naples, FL 34104 Telephone: 239 - 643 -2455 E -mail: thoffman (a),gcaf.us FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE Ms. Nina Velasco Naples Language Center 4947 Tamiami Trail North, #203/204 Naples, FL 34103 Telephone: 239- 239 -262 -6462 E -mail: naplesnina2(a7aol.com Mr. Ken O'Leary Paradise Gulf Corporation 27499 Riverview Center Blvd., Suite 101 Bonita Springs, Fl. 34134 Telephone: 239-992-0001 E -mail: kenolearv(d),earthlink.net RECOMMENDATION: That the Board of County Commissioners confirm the recommendation for appointment to the Workforce Development Board, Region 24, expiring on September 27, 2008, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 27, 2005 Agenda Item No. 9C September 27, 2005 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9C Item Summary: Appointment of members to the Workforce Development Board, Region 24. Meeting Date: 9/2712005 9:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 911312005 2:24:38 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/1512005 10:05 AM Commissioners • SOUTHWEST FLORIDA (DEVELOPMENT RKFORCE BOARD, INC. STEVE PERSONETI'E, President JOE PATERNO, Executive Director September 14, 2005 Commissioner Fred W. Coyle Collier County Board of Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Dear Commissioner Coyle, On behalf of the Southwest Florida Workforce Development Board, Inc., I am submitting for your concurrence the following individuals for appointment to the Workforce Development Board, Region 24: Ms. Amy Garrard Quarles & Brady 4251 Gulf Shore Boulevard North Plaza B Naples, FL 34103 Telephone: 239 - 248 -6160 E -mail: amv garrard0hotmall.com Mr. Todd Hoffman Gulf Coast American Fabrication 3705 Westview Drive Naples, FL 34104 Telephone: 239 -643 -2455 E -mail: thoffman gcaf.us Ms. Nina Velasco Naples Language Center 4947 Tamiami Trail North, #203/204 Naples, FL 34103 Telephone: 239 - 239- 262 -6462 E -mail: naplesnina20paol.com Mr. Ken O'Leary Paradise Gulf Corporation 27499 Riverview Center Boulevard Suite 101 Bonita Springs, Fl. 34134 Telephone: 239 - 992 -0001 E -mail: kenoleary0earthlink.net r These four professionals will represent the business sector for Collier County on the Board. Their term of office will be in accordance with our Workforce Investment Act Five Year Plan. They were all nominated by the Board of Directors of the Collier County Economic Development Office to fill business sector vacancies. We are thrilled to have all four professionals nominated, and look forward to their involvement In the Region 24 community. Your concurrence of appointment for all four nominations would be greatly appreciated. Sincerely, Joe Paterno Executive Director Agenda Item No. 9C September 27, 2005 RECEIVED 24311 Walden Center�cie,° mite 200 Bonita Springs, Florida 34134 JUL 2 7 20 Phone: 239 - 992 -80 Fax: 239- 948 -33:. Board of GburAy Cotrar w5wr rs Toll Free: 1 -866 -992 -8463 TTY 711 STEVE PERSONETI'E, President JOE PATERNO, Executive Director September 14, 2005 Commissioner Fred W. Coyle Collier County Board of Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Dear Commissioner Coyle, On behalf of the Southwest Florida Workforce Development Board, Inc., I am submitting for your concurrence the following individuals for appointment to the Workforce Development Board, Region 24: Ms. Amy Garrard Quarles & Brady 4251 Gulf Shore Boulevard North Plaza B Naples, FL 34103 Telephone: 239 - 248 -6160 E -mail: amv garrard0hotmall.com Mr. Todd Hoffman Gulf Coast American Fabrication 3705 Westview Drive Naples, FL 34104 Telephone: 239 -643 -2455 E -mail: thoffman gcaf.us Ms. Nina Velasco Naples Language Center 4947 Tamiami Trail North, #203/204 Naples, FL 34103 Telephone: 239 - 239- 262 -6462 E -mail: naplesnina20paol.com Mr. Ken O'Leary Paradise Gulf Corporation 27499 Riverview Center Boulevard Suite 101 Bonita Springs, Fl. 34134 Telephone: 239 - 992 -0001 E -mail: kenoleary0earthlink.net r These four professionals will represent the business sector for Collier County on the Board. Their term of office will be in accordance with our Workforce Investment Act Five Year Plan. They were all nominated by the Board of Directors of the Collier County Economic Development Office to fill business sector vacancies. We are thrilled to have all four professionals nominated, and look forward to their involvement In the Region 24 community. Your concurrence of appointment for all four nominations would be greatly appreciated. Sincerely, Joe Paterno Executive Director FILE No. 293 12/29 '98 18:31 ID:WORKFORCE DEW BOARD FAK:941 3359 Agenda Item No 9C (" September 27, 2005 Page 4 of 10 tiOUTHWEST FLOR111DA WORKPORCF DEVE,'LOPMENT BOARD, INC:. 'i'hs Southwest. Florida Workflrrce hevolopment Board is a partnership between businere:e, labor, cclacation, community, and government services. It wets created in 1996 to ensure that a skilled work-farce is uvalluhlo to the regiorunl eeonorny it serves. no Southwest Florida board is comprised of members from (.`harlotte, Collier, (.iladcs, Hendry, and I.ee Counties. Ovor 50% of the Board's appointees nre private bUSi11LS,S sector reprownt►tivess. 'line hoard is aim an integral part of Enterprise floridn, nn unthrella organization with responsibility for I-' ioridia's esconom ie devolopment. Work ing,jointly with service providers and comrnun ity leaders. tbo Board coordinates amployeae placcrnent, training, guidance and funding of programs which support four integrutud c0olponents: (tine -Stop Career Centerq. Community Career and Service (.'enters in the Region ensure that every employer and job seeker hoc "one- stop" r:ccess to it wide range or utnployrnunt, education gild training services. 'Pltc: Centers are clasigned to be uxur- friendly and :support workforce needs by providing a vttriety of services for employers and job .- mekern. • Welfgre -to -Work The welfare reform prograuri in morida, WAGES (Work and Clain Economic Sell' Sufficiency), ends entitlement, requires work and supports individual responsibility. 'lie Hoard, as administrative entity for the WAGES Coalition in Region 24, works with its " members to idenlafy and provide activities and services which enable welfawrea recipients to gain the job skills needed to enter employment. The ward raise manages the regional Wnitnre -to -Work Foderul p rograrn foref igible participants who need iulditional proparatior in order to oh(ain employment nand economic self- kuflicieney. Hiring incentives and tax credits encourage employers to participate in the programs and gain productive employees. School -to- Careers This is the licgion's youth ancf adult workti)rce education strategy far coordinating husinbsK, education, and the community Its support at.udents in achieving long -term career goals and ensuring that this workforce is prepared with wademi4 and occupations1 skills required for success. The Sehool -to- Cancers strategy promotes the Formation of local partnerships between schools and busincwrtes us all investment in Future workplace productivity and competitiveness. Fligh Skills/1•ligh Wage .tabs This initiative: aligns education and training program~ with existing high - valuer john in Region 24, encouraging the preparation ufa skilled and competitive workhtrce. The RoRrd worics closoly with area employers, public and privates education and training pmviders and 000notnic development to identify occupations forecasted for higher earnings, growth, and stability, ']'lie hoard also oversees and provides policy Suidanoa for proSrurns funded through the Job Training Partnership Act (JIVA). Programs funded thniugh JTPA provide employment and training activities and services- -ir rdsidr nw of the rive- coutity area who are experiencing unusual harrierp to employment and propmv them to compete in the employment market. Lewis Albert Tarpon Coast National Bank 1490 Tamiami Trail Pt. Charlotte, Fl. 33948 Phone: 941- 629 -8111 Fax: 941 -625 -1732 E -mail: Ialbert@tarponcoastbank.com Don Ashley 366 E. Olympia Avenue Punta Gorda, H. 33950 Phone: 941- 639 -6600 Fax: 941 -639 -6115 E -mail: dashley @sunline.net Melissa Doyle Charlotte County Waste Management 23046 Harborview Road Pt. Charlotte, Fl. 33980 Phone: 941- 629 -1106 Fax: 941- 624 -3394 E -mail: mdoyle@wm.com Randy Dunn Southwest Florida Regional Imaging 329 East Olympia Avenue Punta Gorda, Fl. 33950 Phone: 941- 639 -8700 Fax: 941 -639 -4200 E -mail: randydunn@comcast.net *Karyn Gary Charlotte County Public Schools 1445 Education Way Pt. Charlotte, Fl. 33948 Phone: 941- 255 -0808 Fax: 941- 255 -7573 E -mail: karyr)_gary@ccps.k12.fi.us Board Member Directory 9M4105 bgr Noting Alt. Agenda Item No. 9C September 27, 2005 Page 5 of 10 Charlotte County Dr. David Gayler Charlotte County Public Schools 1445 Education Way Pt. Charlotte, Fl. 33948 Phone: 941- 255 -0808 Fax: 941- 255 -7571 E -mail: davegayler @ccps.k12.fl.us Bryan Laneuville STAR 525 Bowman Terrace Pt. Charlotte, Fl. 33953 Phone: 941- 629 -5655 Fax: 941- 624 -5241 E -mail: starofcc@tnni.net Patricia Tobin Fawcett Memorial Hospital P.O. Box 494960 Pt. Charlotte, Fl. 33949 Phone: 941- 627 -6180 Fax: 941 -624 -6981 E -mail: patricia.tobin @hcahealthcare.com Betty Williams Charlotte County Economic Development Office 18501 Murdock Circle, Suite 502 Pt. Charlotte, R. 33948 Phone: 941 -627 -3023 Fax: 941- 627 -6314 E -mail: pureeconomics @chadottecountyfl.com Agenda Item No. 9C September 27, 2005 Page 6 of 10 Ray Baker Tammie Nemecek Collier County Public Schools EDC of Collier County 5775 Osceola Trail 3050 N. Horseshoe Dr., Suite 120 Naples, Fl. 34104 Naples, Fl. 34104 Phone: 239 - 337-0001 Phone: 239 -263 -8989 x.101 Fax: 239 - 436 -6451 Fax: 239 -263 -6021 E -mail: bakerra0collier.k12.fl.us E -mail: tnemecek@enaplesflorida.com *Howard Berryman Ken O'Leary Collier County Public Schools Paradise Gulf Corporation 3702 Estey Avenue 27499 Riverview Center Boulevard Naples, Fl. 34104 Suite 101 Phone: 239- 377 -0903 Bonita Springs, Fl. 34134 Fax: 239 - 377 -1000 Phone: 239-992-0001 E -mail: berrymho @coll1er.k12.fl.us Fax: 239 - 949 -0140 E -mail: kenoleary earthlink net Amy Garrard Quarles & Brady Tony Roberts 4251 Gulf Shore Boulevard North D.A. Roberts & Company Plaza B 2840 68th Street Southwest Naples, Fl. 34103 Naples, Fl. 34105 Telephone: 239 -248 -6160 Phone: 239.404 -7977 Fax: Fax: 239 - 261 -5709 E -mail: amy aarard0hotmail com E -mail: tony @dbr- marketing.com Todd Hoffman Frank Rodriguez Gulf Coast American Fabrication Fifth Third Bank 3705 Westview Drive 2150 Goodlette Road, N., Naples, Fl. 34104 Suite 403 Telephone: 239 - 643 -2455 Naples, FL 34102 Fax: Phone: 239 -435 -7635 E -mail: thoffman ocaf.us Fax: 239 -659 -6808 E -mail: frank.rodriguez @53.com Larry Litt Bethune Education Center 614 South 5d' Street Immokalee, Fl. 34142 Phone: 239 - 377 -9928 Fax: E-mail: Iitd@)aoi.com Boud Member Directory 0114105 bgr 'Voting Alt. Brian Settle NCH Health Care System Human Resources 350 7"' Street North Naples, Fl. 34102 Phone: 239 -436 -5373 Fax: 239 -436 -5677 E -mail: brian.setde@nchmd.org Dr. Lou Traina International College 2655 Northbrooke Drive Naples, A. 34119 Phone: 239 - 513 -1122 Fax: 239 - 513 -9758 E -mail: Itraina@intemationalcoliege.edu Board Member Directory W14106 bgr 'Voting Alt. Agenda Item No. 9C September 27, 2005 Page 7 of 10 Collier County Nina Velasco Naples Language Center 4947 Tamiami Trail North, #203/204 Naples, R. 34103 Phone: 239 - 262 -6462 Fax: 239- 262 -3748 E -mail: napiesnina2@aol.com Glades / Hendry, Counties Wayne Aldrich Glades County School District P.O. Box 459 Moore Haven, Fl. 33471 Phone: 863- 946 -2083 Fax: 863 -946 -2709 E -mail: aldrich-N@flm.edu *Scott Bass Glades County School District P.O. Box 459 Moore Haven, Fl. 33471 Phone: 863- 946 -0055 ext. 13 Fax: 863 -946 -1529 E- mail: scott.bass @gladesschools.org Tom Conner Hendry County School District P.O. Box 1980 LaBelle, Fl. 33975 Phone: 863 - 674 -4642 Fax: 863 - 674 -4090 E -mail: conner t01 @flrn.edu John Martz Glades Electric Cooperative P.O. Box 519 Moore Haven, Fl. 33471 Phone: 1- 800 - 226 -4024 Fax: 1- 863 -946 -2150 E -mail: jmartz@gladesec.com Board Member Directory 4/14105 bgr 'Voting Alt. Agenda Item No. 9C September 27, 2005 Page 8 of 10 David Melton Southern Garden Citrus 1820 County Road 833 Clewiston, Fl. 33440 Telephone: 863- 902 -4133 Fax: E -mail: dmeiton @southemgardens.com *James Way Hendry County School District 475 E. Osceola Avenue Clewiston, Fl. 33440 Phone: 863- 983-1511 Fax: 863- 983 -1517 E -mail: wayj@hendry.ki2.fl.us Geri Yoraschek LaBelle Plumbing P.O. Box 2157 LaBelle, Fl. 33975 Telephone: 863- 675 -1155 Fax: E -mail: rgvy @aol.com Liz Alpert 20621 Wildcat Run Drive Estero, Fl. 33928 Phone: 239 -498 -5374 Fax: 239- 498 -4462 E -mail: lizewing @comcas;Lnet Dr. James Browder The School District of Lee County 2055 Central Avenue Ft Myers, Fl. 33901 Phone: 239 - 337 -8301 Fax: 239 - 337 -8378 E -mail: jimb4@lee.kl2.fl.us Gary Doll SPX -GSE Scale Systems 384 Keenan Avenue Ft Myers, Fl. 33919 Phone: 239 - 489 -1298 Fax: 239 -489 -0198 E -mail: gdo1156008 @aol.cDm Karen Hawes Lee County Community Action Agency 83 Pondeila Road, Suite 1 North Ft. Myers, A. 33903 Phone: 239 - 652 -7930 Fax: 239 - 652 -7960 E -mail: haweskb @leegov.com Cheryl Holland Dr. Piper Center 1771 Evans Avenue FL Myers, Fl. 33901 Phone: 239 - 332 -5346 Fax: 239- 332 -7815 E -mail: Cheryi.pipercenter@neosmartcom Robert Janes Lee County Board of County Commissioners P.O. Box 398 Ft Myers, Fl. 33902 Phone: 239- 335 -2224 Fax: 239 - 335 -2355 E -mail: distl @leegov.com Board Member Directory 9114105 bgr Noting AR. Agenda Item No. 9C September 27, 2005 Page 9 of 10 Lee County Gregory Jones Southwest Florida College & Sunstate Academy of Hair Design 1685 Medical Lane FL Myers, Fl. 33907 Phone: 239 - 939 -4766 Fax: 239- 939 -1332 E -mail: gjones@swfc.edu Dr. William Merwin Florida Gulf Coast University 10501 FGCU Boulevard South Ft. Myers, Fl. 33965 Phone: 239 - 590 -1055 Fax: 239 - 590 -1059 E -mail: wcmerwin@fgcu.edu Melvin Morgan 2196 Pauldo Street FL Myers, Ff. 33916 Phone: 239 - 332 -0092 Fax: 239- 332 -0092 (call first) E -mail: melfred360baol.com Michael Murphy Florida Department of Children & Families 2295 Victoria Avenue, 2nd Floor FL Myers, Fl. 33901 Phone: 239- 338 -1454 Fax: 239- 338 -1443 E -mail: mike_murphy @dcf.state.fl.us Michael Nagle International Brotherhood of Electrical Engineers Local 915 17311 Alico Center Road Suite A Fort Myers, Fl. 33912 Phone: 239 -482 -1700 Fax: 239 -482 -2322 E -mail: nagle001 @msn.com *Dr. Sandra O'Brien Florida Gulf Coast University Division of Public Affairs 10501 FGCU Boulevard South R. Myers, Fl. 33965 Phone: 239-590-7835 Fax: 239-590-7842 E -mail: sobrien@fgcu.edu Steve Personette Sprint 1520 Lee Street Fort Myers, Fl. 33902 Phone: 239 - 335 -8201 Fax: 239- 334 -0583 E -mail: steve.personette@mail.sprint.com *Richard Elwell Florida Department of Children & Families P.O. Box 60085 FL Myers, Fl. 33906 Phone: 239 - 338 -1372 Fax: 239- 338 -1234 E -mail: richard_elweli @dcf.state.fl.us *Bill Roshon Edison College P.O. Box 60210 Ft. Myers, Fl. 33906 Phone: 239 -489 -9292 Fax: 239- 489 -9418 E -mail: broshon @edison.edu Regina Smith EDC of Lee County 12800 University Drive, Suite 300 Ft. Myers, Fl. 33907 Phone: 239 -338 -3161 Fax: 239 -338 -3227 E -mail: smithry@leegov.com Board Member Directory bM4= bgr 'Voting A& Agenda Item No. 9C September 27, 2005 Page 10 of 10 Dr. Kenneth Walker Edison College P.O. Box 60210 Ft. Myers, Fl. 33906 Phone: 239 -489 -9211 Fax: 239 -489 -9341 E -mail: jwiliiams@edison.edu Louis Walker 2995 Lafayette Street Ft. Myers, Fl. 33916 Phone: 239 -377 -3303 Fax: 239-337-7827 E -mail: lhwaiker @earthlink.net Mary Watford Division of Vocational Rehabilitation Area 5 Program Office 4110 Center Pointe Drive, Suite 210 Ft. Myers, Fl. 33916 Phone: 239 -278 -7317 Fax: 239- 278 -7255 E -mail: watform @vr.doe.state.fl.us Joseph Wheeler IronStone Bank P.O. Box 60299 Ft. Myers, Fl. 33906 Phone: 239 - 454 -2000 Fax: 239 -481 -7945 E -mail: joseph.wheeler@ironstonebank.com *Jim Whittamore The School District of Lee County 3800 Michigan Avenue R. Myers, Fl. 33916 Phone: 239 - 334-6221 Fax: 239 -332 -1939 E -mail: jamesw30lee.k12.fl.us Agenda Item No. 9D September 27, 2005 Page 1 of 11 EXECUTIVE SUMMARY THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY OBJECTIVE: To complete the performance appraisal of the County Attorney. CONSIDERATIONS: The County Attorney reports directly to the Board of County Commissioners. In order to ensure that the County Attorney Office work performance is coordinated with the direction of the full Board, an annual appraisal and merit consideration are provided in the County Attorney Employment Agreement. This is the annual work plan (Action Plan) previously developed with the Board. The plan uses a 1 — 3 rating guide. The County Attorney has been available to meet individually with commissioners and has provided a self - appraisal relating to the performance standards for review. The Action Plan submitted, unless modified, will serve as the 2006 Action Plan as well. The County Attorney Employment Agreement provides that on the date general wage adjustment are granted generally to Collier County employees, the County Attorney's base salary shall be modified to reflect the general wage adjustment granted to other County employees. If a satisfactory performance rating is provided by the Board of County Commissioners, merit pay shall be awarded from 3% minimum to a 10% maximum. Per the Employment Agreement, all such merit adjustments shall be included in the County Attorney's base salary. FISCAL IMPACT: Depending on the percent of merit pay awarded by the Board, the approximate cost to the general fund, for each year, may range from $5,000.00 to $16,800.00. General (001) Funds are available to support this range of award. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: The Board of County Commissioners complete the annual performance appraisal process for the County Attorney and determine the merit pay award for FY 04 / 05. Such annual performance based merit adjustment for satisfactory performance shall not be below a minimum of three percent (3 %) nor exceed a maximum of ten percent (10 %) of annual base salary. Submitted by: Fred W. Coyle, Chairman Board of County Commissioners Agenda Item No. 9D September 27, 2005 Page 2 of 11 COLLIER COUN'T'Y BOARD OF COUNTY COMMISSIONERS Item Number: 9D Item Summary: The Annual Performance Appraisal for the County Attorney. Meeting Date: 9/27/2005 9:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 9/1612005 11:45 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9119/2005 8:52 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 9:41 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 9119/2005 1:22 PM Agenda Item No. 9D September 27, 2005 Page 3 of 11 The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide - ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and /or revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan was developed to illustrate and review Board expectations for the County Attorney for the period from October 2004 through September 2005. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners is to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale. The simplified evaluation rating scale is as follows: [1 — Below Standards; 2 — Meets Standards; 3 — Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective evaluation position. Thank you for your time and consideration in this regard Page 1 of 9 Agenda Item No. 9D September 27, 2005 Page 4 of 11 LEGAL ADVICE MEASURES Rating L.1 The County Attorney will provide effective ❑ Communication skills (written and oral) advice, and assure timely responses to both are effective, clear and concise written and oral questions from the Board of ❑ Responsive to questions County Commissioners, County Manager, his ❑ Advice demonstrates that the issues agencies and employees. have been thoroughly analyzed ❑ Advice and ideas are solution - oriented Self Analysis of LA: The County Attorney Office attorneys have initiated contacts, schedules and worked closely with Commissioners, the County Manager and staff to counsel and provide solutions to the County's complex legal issues. Some of these issues or projects include Ave Maria, Impact Fee matters. My office endeavors to provide timely, accurate, thoroughly researched responses to the Board of County Commissioners, the County Manager and his agencies. The maximum turnaround for a "rigorous" or complicated Request for Legal Services is 5 -10 business days by Office rule. However, more typically, staff and Board Requests for Legal Services are responded to promptly, often within 24 hours or within the desired time. Additionally, staff meetings are held to review agenda packages prior to Board of County Commissioners' meetings to address any potential legal issues that may arise during the Board meeting. A representative of this office also routinely attends the Department Directors' meeting for the Community Development and Environmental Services Division to provide timely legal input into issues before they become problems. Attorneys in the office routinely assist at the following advisory board meetings: CCPC, EAC, Airport Authority, PVAC, CLB, CEB, CAC, VAB, MPO, TDC, HAAB (Note: In addition to acting as legal advisor to Conservation Collier and the Hispanic Affairs Advisory Board (HAAB), Chief Assistant County Attorney Michael Pettit has also served as staff liaison for HAAB. The County Attorney Office has been responsive, effective and of great assistance to the County Manager and the Board re: research / legal opinions re: Pelican Bay Annexation issues, including reclaimed water,' Board / District history, legal documents and policies. (Assistant County Attorney Thomas C. Palmer) L.2 The County Attorney will assure that the ❑ Best utilization of in -house and outside County is provided the best possible counsel representation in all litigation matters. ❑ Effective selection of outside counsel / expertise in specialized fields ❑ Well chosen litigation communication techniques, e.g. public meetings, shade meetings, written and spoken communiques Page 2 of 9 Agenda Item No. 9D September 27, 2005 Page 5 of 11 Self Analysis of L.2: The County Attorney Office becomes involved in a variety of types of lawsuits on behalf of or against the County, such as: eminent domain, personal injury, labor law, employment law, contract disputes, lien enforcement, and animal control. Annually the Board is provided a compilation of and status report on all open cases. Most of the cases filed by or against Collier County are handled by in -house counsel when we have the expertise in the area and the personnel available to handle them. In keeping with the Board strategic goal of developing reliable public infrastructure, a multitude of eminent domain cases have been filed during this past year, mostly relating to road and utility projects. We are continuing the practice of having nearly all of these cases filed with five separate parcels /owners as defendants in each case filed. The County Attorney has coordinated closely with the Clerk and the Court, having received authorization to combine up to 5 separate defendants in each eminent domain case, which saves multiple case filing fees (a five -fold reduction in filing fees and great reductions in the number of separate hearings that otherwise would be required and the extra hours of our legal staff time and extra materials required for creating, managing and going to court hearings for literally hundreds of additional separate cases. This County Attorney - developed procedure is an example of our proactive practice of law to the benefit of taxpayers and "working smarter ". So not only are tax and/or impact fee dollars being saved, but also a lot of parcels /owners are being handled more quickly in the eminent domain cases of record. The Eminent Domain team in the County Attorney Office has worked on the following projects: Immokalee Road (U.S. 41 to 1 -75); Logan Boulevard Extension; Rattlesnake Hammock Road; County Road 951 (Immokalee Road to Golden Gate Boulevard); and South County Regional Water Treatment Plant. In these projects, suits have been filed on 208 parcels and 173 parcels have been acquired through eminent domain to date. Upcoming projects include, Immokalee Road (951 to 43rd Street); Vanderbilt Beach Road (east of Airport Road); Golden Gate Parkway (Airport to Santa Barbara); and Goodlette Frank Road. The Pelican Bay Foundation v. Collier County — this was a case where the Plaintiff was arguing against the County's policy to sell its reclaimed water only within the unincorporated area of the County. Assistant County Attorney Jacqueline W. Hubbard achieved order granting Collier County's Motion to Dismiss. Vanderbilt Shores v. Collier County (Bellagio Grande Lawsuit) — we won this case at the Circuit Court, Court of Appeal and Florida Supreme Court levels. Florida State Underground v. Collier County — in this case this office was able to ward off a $108,000 lost profits claim. (Assistant County Attorney Jacqueline W. Hubbard) Collier County v. AEC — this is a case where the County Attorney was able to recover $190,000 for the County from an architect even after he went into bankruptcy, had no money and the insurer claimed that the coverage did not apply. The insurer was sued and settled. (Assistant County Attorney Jacqueline W. Hubbard) Other cases such as South County Water Reclamation Facility lawsuit, (Paul Ullom), are assigned with cost, strategy and efficiencies in mind. The County Attorney is proud of its legal effort to date on behalf of the residents of Collier County re: Naples Bay Boat Speed Regulations matter. The County Attorney played a vital role assisting the Naples Airport Authority in litigation re: Stage 2 Jet Noise Ban — a community victory was achieved. The County Attorney Office has been actively pursuing the collection of code enforcement liens through negotiations with the property owners or through foreclosures. Of 34 open cases, this calendar year we have collected a total of $144,330.60 in fines and costs. Page 3 of 9 Agenda Item No. 9D September 27, 2005 Page 6 of 11 L.3 The County Attorney services to ❑ Assists the Board /County Manager with Rating Board /County Manager re: County legislative advice, review and writing of legislative needs and concerns. initiatives and bills; participation and expected to educate and update county staff to interaction with local legislators / reduce creation of legal issues and lawsuits in legislative delegation. ❑ Assists the Board in Florida Association of Counties (FAC) matters; attends FAG meetings and actively interacts with FAC officials, including developing Tallahassee and around - the -state contacts; and working well with counsel to FAC. Self Analysis of L.3: The County Attorney staff works closely with legislators, the legislative delegation and their assistants on county- related issues. There is also significant coordination with the County Manager and his staff regarding legislative updates and recommendations to the BCC. A prime example of this working relationship was evidenced by the successful legislative / FDEP solution obtained for the Plantation platted units, resulting in a significant long- desired real property benefit to local property owners. Additionally, the County Attorney has continued to work closely with our local legislators and support staff and the FAC Executive Director and FAC support staff. The County Attorney has traveled to Tallahassee with individual commissioners and been actively involved in FAC matters of county concern. LA The County Attorney shall advise the ❑ Communication skills (written and oral) Board or its members to make Attorney are effective, clear and concise General Opinion requests, or Commission on ❑ Responsive to questions Ethics opinion requests, and inform the Board ❑ Advice demonstrates that the issues of pertinent opinions and case law. The have been thoroughly analyzed County Attorney shall be evaluated for opinions ❑ Provides creative and proactive provided relating to Chapter 112, Part III, responses (solution- oriented advice), if Florida Statutes and the Collier County Ethics possible Ordinance. Self Analysis of LA: The County Attorney Office has developed and maintains a close working relationship with the Sunshine Law /Public Records Law Deputy Attorney General and the Counsel to the Commission on Ethics, both located in Tallahassee. Educational seminars and legal memoranda have continued to be provided by attorneys to staff and advisory boards relating to Ethics, Sunshine Law, Public Records Law and Ex Parte communications issues. Oral and written counsel is promptly provided to commissioners upon request and also, when deemed appropriate, initiated by County Attorney. COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating OUTREACH C.1 (Internal) The County Attorney will be ❑ Provide interim workshops / seminars to expected to educate and update county staff to county staff covering work - related issues reduce creation of legal issues and lawsuits in to reduce county liability Page 4 of 9 Agenda Item No. 9D September 27, 2005 Page 7 of 11 the workplace and from work as performed. ❑ Proactive review of division / department policies and suggest possible updates. ❑ Maintain open lines of communication with County Manager, Division Administrators, and Department Directors Self Analysis of CA: The County Attorney has taken a proactive, preventative, educative approach to assist in reducing the number of legal issue and lawsuits in the workplace. Chief Assistant County Attorney Michael Pettit and I have devoted numerous hours educating employees on the do's and don'ts of the Ethics Ordinance and County Manager policies, Sunshine Law, Public Records Law, and Ethics policies. This educational, advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the workplace. "An ounce of prevention..." The push has continued in the area of Public Records maintenance and responding to public records requests, some of which are extensive, complex and require search and production from several departments, Board records, other diverse locations including archived materials. Chief Assistant County Attorney Michael Pettit and Certified Legal Assistant Marian Colli have continued to administer, counsel and assist staff with such requests and provide staff with informational and educational programs in this area. I am proud that Collier County government, through my assistance, has a fine record in the Public Records and Sunshine Law area. Another year — no complaints or lawsuits. We are also working with the County Managers Office to develop a records retention policy for the County. This will ultimately save the County countless expenses on storage and staff time in responding to public records requests. C.2 (Internal) The County Attorney will be ❑ Provide responsive and solution- oriented expected to regularly communicate with the advice to questions or issues that arise County Manager, his Division Administrators or have the potential of arising and Department Directors, and the ❑ Maintain effective working relationships Constitutional Officers to better ensure that with County Manager staff and operations between these agencies and the Constitutional Officers Board of County Commissioners are effectively coordinated. Self Analysis of C.2: The County Attorney and /or Chief Assistant County Attorney continue to attend the County Manager Division staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues that may be on the horizon. The County Attorney and various Assistant County Attorneys also attend the Department Directors' meetings and project review meetings of the Community Development and Environmental Services Division. There are four attorneys currently assigned to the Community Development and Environmental Services Division full time to handle the myriad of land use petition and permit - related items. Additionally, various other attorneys (including me) work on issues and handle lawsuits as they arise from this division. Regarding Constitutional Officers, I am proud of maintaining a professional rapport with them all, even while advancing the concerns and desires of the Board and County Manager through legal procedures upon occasion. Our office support of the Board and County Manager in matters involving the Sheriff and Clerk of Courts this past year has been quality, professional work accomplished "without burning bridges." C.3 (External) The County Attorney will be ❑ Communication skills (written and oral) expected to provide information to the public are effective, clear and concise through public speaking engagements, ❑ County Attorney / attorneys available to seminars, print and electronic media. attend meetings day or night at offices or Page 5 of 9 Agenda Item No. 9D September 27, 2005 Page 8 of 11 FISCAL MANAGEMENT out in the community as requested. Rating Helpful; effective Self Analysis of C.3: The County Attorney as past President remains active on the Board of Directors of the Florida Association of County Attorneys. Our County's interests, positions and initiatives are communicated to other County Attorneys and their opinions and suggestions are provided to me on our issues. The County Attorney and assistant county attorneys assist commissioners at commission meetings with the public, both at government offices, at homeowner association meetings, including commissioner initiated organizational meetings and Commissioner Town Hall meetings. Assistant County Attorney Marjorie Student has lectured again at a Florida Bar Continuing Legal Education Seminar re: growth management / land use, a flattering but sincere recognition of our legal expertise and advanced work in cutting -edge growth management. I annually enjoy speaking at the Know Your Government program sponsored by the University Extension Service, League of Women Voters, and Collier County Schools. I also spoke to a class at the Golden Gate High School about local government. Assistant County Attorney William Mountford participated as a scoring judge for the 21st Annual Collier County High School Mock Trial Competition. As stated previously, the County Attorney Office lectures on Ethics laws, the Public Records Act and the Government -in- The - Sunshine Law. Our thick in -house produced manuals are available upon request. CA The County Attorney will be expected to ❑ Ability to communicate effectively, administer the office to assure that the general tactfully, and courteously public is responded to in a timely and accurate ❑ Responsive to questions manner. Self Analysis of CA: Timely, helpful response to the public is a high priority within the office. We have established a good record and reputation for providing prompt, courteous, responses to questions and issues that arise from the public sector relating to county matters. The office.is significantly involved in assisting Board and County Manager Office public records requests and is very cognizant of the duty to work with the appropriate departments to provide prompt, accurate responses. This is an area where I believe that County Attorney staff shines by expeditiously communicating with the requestor and the offices affected by such requests, completing the projects and exceeding expectations. The appreciative e- mails, etc. far exceed the critical comment. Additionally, when our office receives a call or visit from a member of the public where our office is not the correct office, it is my policy for our attorneys and support staff to assist the caller with the way to obtain the answer or make a call for the public to assist in some way even if our office isn't in a position to answer, and certainly not provide client -type legal advice. It's a type of public relation that can change the bad mood of someone who's gotten "the runaround" contacting government offices. FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an annual budget for the Office of the County ❑ Compile and analyze financial, budgetary, and statistical data and Attorney that will be presented to the Board of County Commissioners for review and approval through the budget process present a realistic, cost effective budget ❑ Ability to prepare an annual pay plan for the Office of the County Attorney developed by the County Manager. Page 6 of 9 Agenda Item No. 9D September 27, 2005 Page 9 of 11 Self Analysis of F.1: Fiscal responsibility and well - analyzed, cost- effective budgets have been a bulwark of the County Attorney for many years. Increases are requested only when the ever - increasing level of legal demands dictate additional resources. The goal is to provide the Board with the most efficient, effective legal representation possible. As indicated in my response to L.2, we've made arrangements with the Clerk and Judge that have saved tremendous expenses, clerical time and court time in eminent domain cases. We do more with less when we can, and achieve efficiency along the way. Except where state mandates have required budgetary increases, the County Attorney Office has followed and met the Board's budget goals. F.2 The County Attorney will assure that the ❑ Prudent administration of County and priorities, analyze and evaluate budget for the Office of the County Attorney is Attorney Office budget; fiscally organizational effectiveness and make effectively administered and the Board is timely responsible sound decisions. informed on any extraordinary matters arising ❑ Communicate in a prompt, timely manner ❑ Application of management techniques to throughout the year. any extraordinary issues that arise during ensure compliance with organizational the fiscal year. Self Analysis of F.2: My record indicates my conservative approach to administration of the County Attorney's budget. Increases are sought only in extraordinary circumstances, and then only when all other avenues have been exhausted. I've developed a significant revenue component to the office budget. When worthy issues or matters I deem necessary to inform the client arise, I communicate with the Board either during the board meeting or individually, as appropriate. F.3 The County Attorney will assure that bond ❑ Responsive to questions of the "players" issues and other financing matters of a legal ❑ Performance demonstrates that the nature are coordinated through the County issues have been thoroughly analyzed Manager, Clerk, Financial Advisor, Bond (bond issues) Counsel, and Disclosure Counsel (the ❑ Demonstrates a comprehensive "players "). understanding of bond issues and related financing matters (advises and assists Board /Chairman, as appropriately in transactions and closings) Self Analysis of F.3: The financing issues that come to this office are responded to and handled in a coordinated manner with all participants (Clerk, Financial Advisor, Bond Counsel, Disclosure Counsel and county staff). An attorney in this office also attends and participates in the Finance Committee meetings. The County Attorney reviews and provides document revision comments to Bond Counsel, provides a County Attorney opinion letter for all bond issues. The County's fiscal and financing transactions in this area have been successful, routine and legally proficient. It's either done right or it's wrong. We do it right. LEADERSHIP / PERSONNEL MANAGEMENT MEASURES Rating P.1 The County Attorney will assure that there ❑ Planning & organization: establish goals are clear goals and objectives established and and priorities, analyze and evaluate that they are effectively communicated organizational effectiveness and make throughout the County Attorney Office. sound decisions. ❑ Application of management techniques to ensure compliance with organizational Page 7 of 9 Agenda Item No. 9D September 27, 2005 Page 10 of 11 Page 8 of 9 policies and directives, to control quality, quantity, time and costs. Self Analysis of P.1: The County Attorney has developed its own hybrid Policies and Procedures Manual that covers the nuances of County Attorney employees' professional responsibilities, the needs of the client and personnel conduct. [Mandatory review) County Attorney holds biweekly office staff meetings to review agenda materials and prepare for Board meetings, share legal news and views and make new office assignments in a group setting, where appropriate. Project and departmental assignments are made pursuant to the particular aptitude, interest and expertise of each attorney. "High profile" assignments are made upon particular requests of the client (Board, County Manager, Division Administrators, etc.) and/or by the County Attorney or Chief Assistant, who retain a "monitoring " /advisoral position of the assistant county attorneys, as appropriate. Time Sheet and other administrative review techniques are applied to determine work demands, fairness in assignment and timely response to Board and departmental legal requests. P.2 The goals of the Board of County ❑ Application of management techniques to Commissioners and County Manager are assure effective assistance to respective effectively understood and proper assistance is clients. provided by the County Attorney Office in o Guide and direct staff to maximize legal pursuit of said goals. resources with client needs. Self Analysis of P.2: A satellite County Attorney Office with a staff of four attorneys and support staff dedicated to the Community Development and Environmental Services Division assists the Board and County Manager in achieving their objective in improving the county's ability to manage and respond to land use related projects and queries. Many attorneys in the office have been integrally involved in most aspects of the Growth Management issues and projects (i.e. attorney workshops, EAR, Eastern Lands & Rural Fringe, Growth Management Plan, Land Development Code, Transportation Concurrency issues, Transfer of Development Rights, Community Redevelopment Agencies, and Overlays) worked on in the County Manager agency. The County Attorney Office has been an effective team player with the Board and County Manager on important road, overpass, FEMA Flood Map and boat speed regulation matters. The foregoing information and our extensive Ethics and Sunshine Law work discussed earlier are illustrative that the County Attorney has been an integral part of the County Strategic Goal to Rebuild and Maintain Public Trust. P.3 The County Attorney will assure that ❑ Provide encouragement, guidance and employees are provided performance direction to subordinates with regard to expectations and performance evaluations that their development and improvement. are designed to enhance performance. Coaching, counseling and helping employees overcome job problems and develop career plans. ❑ Assess performance strengths and deficiencies, encourage and reward employees and/or exercise appropriate discipline. Page 8 of 9 Agenda Item No. 9D September 27, 2005 Page 11 of 11 Self Analysis of P.3: Action Plans are developed with staff and annual evaluations are done in late summer annually. In addition to these annual performance evaluations, meetings with each of my employees are scheduled three separate times per year to give and receive feedback from staff and to assure that there is a mutual understanding of expectations. From these meetings, employees receive coaching and /or counseling to assist them in achieving their performance of goals and professional development. I also maintain an open door policy and encourage people to share suggestions, ideas and concerns. The fresh ideas for innovative change and ongoing dialogue assist me in striving to improve efficiencies, morale, and effectiveness of the office. PA The County Attorney will assure that ❑ Understanding of effective interviewing qualified applicants are recruited and selected techniques to provide the Board with superior legal advice ❑ Thorough awareness of organizational and representation. needs and desires ❑ Knowledge of market conditions relating to compensation and benefit packages Self Analysis of P.4: Surveys of other comparable counties are done periodically and again this year to assure that the compensation and benefit package stays within the market ranges. Standards are set high through job descriptions to ensure that the most qualified applicants are recruited and selected. This office has maintained a very good record on applicant recruitment, selection and retention. Currently within the office there are three (3) Board Certified Florida Local Government Law Attorneys, three (3) Certified Legal Assistants and one (1) legal assistant is a trial attorney that has practiced law twenty -plus years in another state and his trial expertise assists our litigators. P.5 The County Attorney will assure that ❑ Encourage employees to attend training training is provided to all staff to assure that the to better enhance knowledge and skills Board is being provided with the best legal ❑ Periodic in -house training for updates advice and representation possible. and uniformity of legal performance by staff Self Analysis of P.5: In -house training sessions are held periodically to keep staff current on new legislation, ordinances, practices, and technological advances. All employees within the office are encouraged to attend training classes provided by the Human Resources Department that will enhance their knowledge and skills. Requests are usually granted. Some employees are required to attend such classes if the need arises. Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective areas of practice. The Florida Association of County Attorneys information — hot topics Web list assists us with research, legislative issues affecting counties and legal opinions. Marjorie Student is a frequent lecturer on land use matters at Florida Bar seminars throughout the state. Page 9 of 9 Agenda Item No. 9F September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Discussion of the RFP and subsequent contract for the proposed expansion facility at the Golden Gate Library. OBJECTIVE: To direct staff to re- evaluate the Golden Gate Library construction contract to bring total square footage of new facility back to the original size of 17,000 square feet. CONSIDERATIONS: On July 26, 2005, the BCC approved a reduction in the proposed new facility of the Golden Gate Library to 12,000 based solely on budget constraints; however, in May, 2005, County Manager Jim Mudd sent out an RFP for the South Regional Library, approximately 1 year ahead of CIE schedule. Subsequently, construction date of South Regional Library has also been moved up to FY 2006/2007, one year ahead of schedule. The AUIR states the addition for the Golden Gate Library to be 10,000 square feet; the community was told the facility would be 17,000 square feet. [Two community members will be in attendance at the BCC meeting to provide evidence to that affect]. It is my intent to bring to the people of Golden Gate what they so deserve, without discrimination, as the Golden Gate community and myself are very supportive and understanding of the East Naples' community needs. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: This project is planned to enable the Library to continue to meet the Growth Management requirements. RECOMMENDATION: The Board direct County Manager to administer based on the majority vote of the Board. SUBMITTED Date: 9/27/05 Commissioner Tom Icing Agenda Item No. 9F September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9F Item Summary: This item to be heard at 10:00 a.m. Discussion of the RFP and subsequent contract for the proposed expansion facility at the Golden Gate Library. (Commissioner Henning) Meeting Date: 9/27/2005 9:00:00 AM Prepared By Sam Tucker Executive Aide to the BCC Date Board of County BCC Office 912012005 2:36 :14 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 9/2012005 2:50 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/2012005 4:00 PM Commissioners Agenda Item No. 9F September 27, 2005 Page 3 of 4 t;L111t6 COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION 3301 TAMIAMI TRAIL EAST Purchasing Department Naples, F134112 (239) 417 -8407 Fax. (239) 732 -0844 www.colliergov.net DATE: May 10, 2005 T prospective Proposers FR . renda Brilhart, Purchasing Agent RE: RFP 05 -3852 — "Design and Related Services for the South Regional Library" Dear Prospective Proposer: Pursuant to direction by the Collier County Library Services Department, Collier County is seeking the professional services of a qualified firm for the design and related services for. the South Regional Library. Please refer to the Legal Advertisement contained in the enclosed Proposal Package for the time and the due date for proposal submission. All Proposals must be forwarded to the County Purchasing Director's Office, Purchasing Building G, Collier County Government Center, 3301 Tamiami Trail East, Naples, Florida 34112. The services shall include, but not be limited to the "Scope of Services" as described in the attachment (Exhibit A). If you have any immediate questions regarding the Request for Proposal, you may contact Ronald Hovell, Project Manager, Facilities Department, at 239 - 774 -8380, or- email: RonaldHovell(c�Colliergov.net. Procedural queries may be directed to me at 239- 774 -8446 or you may email me at: BrendaBrilhart(d)colliergov.net. We look forward to your participation in this process. cc: Ronald Hovell, Facilities Marilyn Matthes, Library Services RFC' 05 -3852 - "Design and Related Services for the South Regional Library" Agenda Item No. 9F September 27, 2005 Page 4 of 4 Exhibit "A" SCOPE OF SERVICES RFP 05 -3852 "Design and Related Services for the South Regional Library" South Regional Library - RFP for Design Services Location The proposed project will most likely be located on Lely Cultural Boulevard, an east -west road that intersects the major north -south route of Collier Boulevard (aka County Road 951), between Edison Community College and Lely Elementary School though other sites are under consideration. The project is planned to begin construction in October 2006. Project Description The South Regional Library will be a single -story structure with a courtyard, a meeting room and associated parking. The initial building is estimated to be approximately 30,000 square feet. Planning should include provision of up to a 30,000 square foot addition in the future - and can be either single story or multi -story. Scope of work on the Project includes, but is not limited to: designing and permitting all necessary items such as site work including excavation, drainage, erosion control, utilities, temporary construction roads, building construction including footings, foundations, roofing, waterproofing, hardware, glass, glazing, drywall, painting, carpeting, ceramic tile, mechanical /HVAC, plumbing, electrical, fire protection, roadway construction including asphalt and concrete paving, markings, drainage, and electrical; landscaping including irrigation systems. Additional information is provided as an attachment "Exhibit B" — a state grant narrative. 19 Agenda Item No. 10A September 27, 2005 Page 1 of 19 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with the District School Board of Collier County, Florida for 65 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,134,500. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and the District School Board of Collier County, Florida (Seller). CONSIDERATIONS: On January 25, 2005, Agenda Item 10D, the Board approved a Conservation Collier Land Acquisition Advisory Committee ( CCLAAC) recommended Cycle II - Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Seller's parcel contains 65 acres and is located approximately one mile east of Golden Gate City and abuts the Golden Gate canal. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $2,112,500 was based upon the average of two independent, state - certified general real estate appraisers. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by Seller, the County will pay Seller $1,000 in liquidated damages. The CCLAAC approved this transaction on August 8, 2005, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003 -63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total cost of acquisition will not exceed $2,134,500 ($2,112,500 for the property, $12,000 for the appraisals, and approximately $10,000 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of August 8, 2005, properly costs for Conservation Collier properties, including this property and those under contract, total $33,402,650. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002 -63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002 -63. ,— RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and Agenda Item No. 10A September 27, 2005 EXECUTIVE SUMMARY Page 2 of 19 Conservation Collier — Agreement for Sale and Purchase — School Board Page 2 2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize the processing of related vouchers and Warrants for payment; and 4. Authorize the recording of the deed and any and all necessary documents to obtain clear title to the property; and 5. Approve any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services / Facilities Management Department r°� Agenda Item No. 10A September 27, 2005 Page 3 of 19 Conservation Collier Land Acquisition Program Project Design Report Date: August 8, 2005 Conservation Collier School Board Section24 Location Map ,�NAUE s� N � � 15TN AVE SJJ 1TTH AYE SW ��, /' /•�/ . a � 10TH AYE 21ST AV ! Coder Cu+ +ttYy Legend- Folio Numbers: 617305 60008, 61730440005, 61730480007 ,61730520006,61731600006 55G 1,t0U 2,200 Feet osla s..ra.: v ar•.In • c.w. r e.v.e, vr.v. nx err r•1•a. Gr•IH ex ctsl Cols I en.ln•n sHtl Serv,c e• f, ISCR15sh1Y� 1.nx0 O:1Ca a•arvNl•n Ca NI•r 700 0:1G aaa rvall•n C. 1%, Y as Y, ISCRI SCHL24, 1.1.0 Ds1e: 3.2-4 Property Owner: School Board of Collier County Folio(s): 61730440005 (Former folio(s): 61730520006, 61730480007, 61731600006, 61730440005, and 61730560008) Location: Located east of Golden Gate City in Section 24, Township 26 Range 26 in Rural Fringe Neutral lands Size: Four 16 -acre parcels and one 1 -acre parcel for a total acquired of 65 acres. Appraisal/Offer Amount: $2,112,500 for entire 65 acres History of Project: Agenda Item No, 10A September 27, 2005 Page 4 of 19 Received Selected for the Approved for Purchase offer Offer Accepted application "A" category, #1 purchase by BCC made to owners priority, on the Active Acquisition List b CCLAAC 5/7/04 12/13/04 1/25/05 3/31/05 6/23/05 Purpose of Project: Conservation Collier Proeram Qualifications: This group of parcels fulfills program qualifications by satisfying all applicable screening criteria. It is an example of a good quality native pine flatwood plant community. Mapped soils on this parcel include' /. hydric slough soils (Malabar fine sands) and' /. upland soils (Imrnokalee fine sands). Recharge of both the Lower Tamiami and Surficial aquifers occurs from these parcels. Public Utilities have indicated potential interest for development of a well site on this parcel and staff will be working to partner with them to achieve that. The habitat on this group of parcels is suitable for a number of listed species, including Florida panther (Felis concolor coryi)(Endangered), Florida black bear (Ursus arnericanus floridanus) (Threatened) and red cockaded woodpeckers (RCW) (Picoides borealis) (Threatened). A recent Habitat Recovery Plan for the red cockaded woodpecker (Southern Biomes for Collier County, December 10, 2003) mapped this area as containing RCW cavity trees, noted that this area has documented RCW activity and identified this section/township /range as part of "Recovery Unit A." Specific management techniques have been recommended to maintain and protect RCW habitat. Purchase by Conservation Collier will allow this type of habitat management. Additionally, one other listed species, Gopher tortoise, (Gopherus polyphemus) was observed on site. A number of listed plant species were also observed, including two bromeliad (Tillandsia fasciculata and T. balbisiana) and two orchid species (Encyclia tampensis and Harrisella filiformis). Both ecological quality and restoration potential are high. The only restoration contemplated is removal of a minimal amount of exotic plants and management of understory vegetation to benefit RCWs. Legal and physical access currently exists on an unpaved canal easement road located along the west side of the properties, connecting with the main group of parcels via a one -acre parcel. There are plans to construct a county road along the north side of the parcels, which would require only 150' and provide better access. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Manaeement Activities: Projected management activities will include removal of invasive exotic plants, management of vegetation to benefit RCWs, development of a small (less than 20 spaces) public parking lot, public rest room (under 500 square feet in size), development of an Americans with Disabilities Act (ADA) fully accessible trail and maintenance of existing trails for hiking. Agenda Item No. 10A September 27, 2005 Page 5 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10A Item Summary: This item continued from the September 13, 2005 BCC Meeting. Recommendation to approve an Agreement for Sale and Purchase with The District School Board of Collier County, Florida for 65 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed 52.134.501 (Joseph K. Schmitt, Community Development and Environmental Services Administrator) Meeting Date: 9/27/2005 9:00:00 AM Prepared By Cindy M. Erb Senior Property Acquisition Specialist Date Administrative Services Facilities Management 711212005 1:13:03 PM Environmental Services Environmental Services Admin. Approved By Environmental Services Admin. Sandra Lea William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Development & Environmental Services 712912005 7:45 AM Environmental Services Approved By Alexandra J. Sulecki Senior Environmental Specialist Date Community Development & Environmental Services 712912005 8:42 AM Environmental Services Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 7/29/2005 1:35 PM Approved By Charles E. Carrington, Jr., Rea! Estate Services Manager Date SRfWA Administrative Services Facilities Management 8!112005 9:29 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 813/2005 7:52 AM Environmental Services Environmental Services Admin. Approved By Environmental Services Admin. Sandra Lea Executive Secretary Date community Development & Community Development & 8/312005 9:32 AM Environmental Services Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & community Development & 8/312005 4:58 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date Agenda Item No, 1OA September 27, 2005 Page 6 of 19 County Manager's Office Office of Management & Budget 81412005 4:25 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 81512005 5:03 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/21/2005 3:38 PM Agenda Item No. 10A September 27, 2005 CONSERVATION COLLIER Page 7 of 19 Property Identification Number: 61730440005 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola Trail, Naples, Florida 34109, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property "), located in Collier County, State of Florida, and being more particularly described in Exhibit "A ", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A ". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price ") for the Property shall be Two Million One Hundred Twelve Thousand and Five Hundred Dollars ($2,112,500.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR "CLOSING ") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: Agenda Item No, 10A CONSERVATION COLLIER September 27. 2005 Property Identification Number: 61730440005 Page 8 of 19 (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser - Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non - Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. CONSERVATION COLLIER Property Identification Number: 61730440005 Aaencja Item No. 10A September 27, 2005 Page 9 of 19 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A ", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ( "Inspection Period "), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby and against. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION CONSERVATION COLLIER Property Identification Number: 61730440005 Agenda Item No 10A. September 27, 2005 Page 10 of 19 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2004 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and /or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon One Thousand Dollars ($1,000.00) shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and CONSERVATION COLLIER Property Identification Number: 61730440005 Agenda Item No, 10A September 27. 2005 Page 11 of 19 Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and /or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. CONSERVATION COLLIER Property Identification Number: 61730440005 Agenda Item No. 10A September 27. 2005 Page 12 of 19 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 Seiler represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ( "CERCLA" or "Superfund "), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ( "SARA "), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.023 Any loss and /or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239 - 732 -2505 Fax number: 239 - 213 -2960 CONSERVATION COLLIER Property Identification Number: 61730440005 Agenda Item No. 10A September 27, 2005 Page 13 of 19 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239 - 774 -8991 Fax number: 239 - 774 -8876 If to Seller: Michael Kirk, Director Real Estate and Asset Management Collier County Public School District 5775 Osceola Trail Naples, FL 34109 Telephone number: 239 - 377 -0240 Fax number: 239 - 377 -0231 11.02 The information provided in this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses, addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnity Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to CONSERVATION COLLIER Property Identification Number: 61730440005 Agenda Item No 10A September 27: 2005 Page 14 of 19 which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday. Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN CONSERVATION COLLIER Property Identification Number: 61730440005 AS TO SELLER: WITNESSES: rst Witn s ignature) Name: AyKNr -S' . TA- Ing- i+X,sv-i (Print or Type) Second Witness (Signature) Name: D:`--�,:-P1 N, ,.12NC r (Print or type) ATTEST• Suped tende choo and Ex- Officio Secre ary (Print Na nip) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Agenda Item No. 10A September 27, 2005 Page 15 of 19 DISTRICT SCHOOL BOARD OF COLLIER COUNTY FLORIDA BY: PATRICIA %, C OLL, Chair 9 0 (0 • al,- OS Agenda Item No. 10A CONSERVATION COLLIER September 27, 2005 Property Identification Number, 61730440005 Page 16 of 19 EXHIBIT "A" TAX IDENTIFICATION NUMBER: 61730440005 LEGAL DESCRIPTION: ALL OF TRACTS 7, 8, 9 AND 12, AND THE NORTH 82.5 FEET OF THE SOUTH 825.0 FEET OF TRACT 10, NAPLES FARM SITES, INC., ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 34, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO AN ACCESS EASEMENT OVER, ALONG AND ACROSS THE WEST 30 FEET THEREOF. 10 Agenda Item No. 10A September 27, 2005 Page 17 of 19 Memorandum To: Collier County Board of Commissioners From: Alexandra Sulecki, Senior Environmental Specialist Date: September 21, 2005 Subject: Supplemental information regarding Conservation Collier request for approval of contract to purchase School Board Section 24 property Request for approval of the Conservation Collier contract to purchase the School Board Section 24 property was brought before the Board for consideration as Agenda Item l0A at the regular Board of County Commissioner's meeting on September 13, 2005. At that time, staff was asked to respond to two specific concerns regarding a potential purchase of this property: 1. The ability of the Conservation Collier Program to resell a portion of the property for potential future road Right of Way (ROW), and 2. Concerns about designation of this land under the Rural Fringe Mixed Use District zoning overlay. Please accept the following as staff's response: 1. Ability of Conservation Collier to sell future Road ROW - Comments by Michael Pettit, Chief Assistant County Attorney: • The Conservation Collier Implementation Ordinance recognizes in the recitals, sometimes referred to as "Whereas" clauses, the rights of our citizens to have reasonable public access to Conservation Collier lands. • The recitals are expressly incorporated into the body of the Ordinance in Section 3. While we have legal unimproved access to the school board property that is the subject of the purchase contract in question, we do not have "reasonable public access" for all of our citizens at this time. As the recitals to the Ordinance state, the "reasonable public access" required is access that would allow citizens to enjoy and partake of appropriate outdoor activities on the property. It is my understanding that costly substantial improvements will be required for our current legal unimproved access to meet this goal and that our only other current Environmental Services Department Community Development & Environmental Services Division Agenda Item No. 10A September 27, 2005 Page 18 of 19 access is a dirt road controlled by the SFWMD /Big Cypress Basin. Apparently, the County can go through a permitting process to use this dirt road as access solely for management purposes if we acquire the property. • It is my opinion that so long as "reasonable public access" does not exist, acquisition of road right -of -way from the property by the County through the Transportation Department for a road extension that would provide "reasonable public access" would be consistent with the goals of the Conservation Collier program and therefore legally permissible. • As you know, we are also working on an Exceptional Benefits Ordinance for Board consideration. Adoption of such an Ordinance by the Board in the future would provide an alternative mechanism for acquiring road right -of -way from the northern edge of the property. 2. Rural Fringe Mixed Use District (RFMUD) Lands Designation: • These lands are currently designated as "Neutral" under the RFMUD zoning overlay. • There are no TDRs on the property as "Neutral" designation. • Section 24 was designated as "Neutral" (with enhanced native preservation requirements) as a compromise with property owners during the adoption of the GMP who wanted a "Receiving" designation. • GMP requires the County to re- evaluate land use designation for Section 24 since the Section was thought to contain habitat important to Red cockaded woodpeckers (RCWs), a federally listed species. • A study has been conducted identifying Section 24 as having as much environmental value for RCWs as other "Sending" lands within the North Belle Meade area (see attached map). • Any re- designation is at least 18 months in the future and the School Board has indicated they have another buyer who has offered more for the property than Conservation Collier. • If the School Board Lands were designated as "Sending:" • Unlike the Talon Land Group Parcel, there would still be no TDRs associated with this property since it is in public ownership. • Protections associated with "Sending" lands would change the Conservation Collier score from 266 to 261, moving the lands from the highest scored project in the second cycle to the second highest scored project, by 1 point. C: Joseph Schmitt, Administrator, Community Development Services Division William D. Lorenz, Jr., P.E., director, Environmental Services Department Michael Pettit, Chief Assistant County Attorney Environmental Services Department Community Development & Environmental Services Division LL 7- r F 9FNFIF1 F 9F' M; r ) Agenda Item No. 10A September 27, 2005 Page 19 of 19 i T T- 33 T- H F-T CJ "'WIN 5,T� 1 17 (D r ) Agenda Item No. 10A September 27, 2005 Page 19 of 19 3 Environmental Services Department Community Development & Environmental Services Division i T T- 33 T- H F-T CJ (D 3 Environmental Services Department Community Development & Environmental Services Division i T KA C I 7T rl KAO LUC+! 11T CO I CT ,I > z ri 3 Environmental Services Department Community Development & Environmental Services Division Agenda Item No. 10B September 27, 2005 Page 1 of 19 EXECUTIVE SUMMARY Discussion and review of the County's Noise Ordinance (Code of Laws and Ordinances, Chapter 54, Article IV) as amended. OBJECTIVE: To protect the citizen's quality of life in all communities, whether within residential neighborhoods or upon our local streets. CONSIDERATIONS: During the public petition portion of the April 26, 2005, Board of County Commissioners meeting, a citizen expressed her concerns regarding the enforcement of noise, particularly that emanating from radios in motor vehicles and portable radios (boom boxes). In response to that presentation, the Board directed staff to evaluate the citizen's comments and provide information relating to the noise ordinance and whether it was sufficiently addressing this problem. Staff reviewed the information provided by the citizen as well as all regulations that are currently in place, both on the local level and Statewide, and found the following information. The Florida Statutes specifically provide for the enforcement of excessive noise emanating from motor vehicles (engine and muffler sound), as well as amplified music /stereo noises emanating from motor vehicles by law enforcement personnel. The Statute states, "it is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical sound making device or instrument from within the motor vehicle so that the sound is plainly audible at a distance of 25 feet or more from the motor vehicle; or louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals." (emphasis added). The Collier County Noise Ordinance covers stationary noise sources only and specifically provides an exception to the ordinance for Motor Vehicles, as defined in Section 316.293 of the Florida Statutes. The enforcement of the Noise Ordinance falls primarily to the Code Enforcement Department. For the enforcement of stationary noise violations, Collier County Code Enforcement utilizes octave band readings as well as sound equivalency levels and averages the maximum tones, as measured over a 60- second interval, to determine ambient and source noise levels. Stereo sounds from motor vehicles in motion are not generally conducive to being measured over a 60- second interval, but can be so measured if the source remains stationary for sufficient time. Because Code Enforcement does not have the authority to stop motor vehicles, measurement of this noise source would be impossible without the assistance of Law Enforcement. As part of the analysis of this complaint, Code Enforcement staff coordinated with the Sheriffs office to determine how this issue can be best addressed. Both agencies agreed the problem might be alleviated through an education effort. In response to -- these concerns raised, Collier .County Code Enforcement and the Collier County Sheriffs Office are coordinating efforts for joint ride - alongs in specific areas to monitor Agenda Item No. 10B September 27, 2005 Page 2 of 19 and measure amplified noise levels from both stationary sources and from motor vehicles. Part of this effort will include public education on the provisions of the noise ordinance, contact with businesses and individuals that install powerful, customized amplified music systems inside vehicles, and pro- active patrols to protect the public welfare and ensure that the residents of Collier County have peaceful enjoyment within their homes and upon our public streets. Staff's review of the regulations in place concluded that there are sufficient regulations in effect to address the issues raised by the citizen. All that is needed is additional resources and an educational effort. Code Enforcement currently has eight personnel trained to respond to noise complaints. However, the Department only has two meters to utilize for these efforts. With calibration requirements, this resource is at times reduced to one meter. Additional meters will allow the Department to be more responsive to the public's needs. Enclosed for review is a copy of the County's ordinance and one Florida State Statute. FISCAL IMPACT: Minimal fiscal impact is anticipated for the education effort being coordinated by Code Enforcement and the Sheriff's Office. However, if the Commissioners authorize the purchase of additional noise measuring devices for the Enforcement of this Ordinance along with supplemental training of personnel in the operation of this equipment, there is an estimated fiscal impact of $25,000. GROWTH MANAGEMENT IMPACT: This issue has no Growth Management impact. LEGAL CONSIDERATIONS: This issue required no legal consideration. RECOMMENDATION: That the Board of County Commissioners retain the Noise Ordinance in its current configuration, and not make any amendment for Code Enforcement to have the authority to enforce noise standards where the source of the noise involves a motor vehicle and authorize the purchase of additional noise measuring devices for Code Enforcement personnel. PREPARED BY: Michaelle Crowley, Code Enforcement Supervisor Agenda Item No. 10B September 27, 2005 Page 3 of 19 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Item Number: 10B Discussion and review of the County's Noise Ordinance (Code of Laws and Ordinances, Item Summary: Chapter 54, Article IV) as amended. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Meeting Date: 9/27/2005 9:00:00 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 91612005 1:37 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 91612005 1:41 PM Environmental Services Environmental Services Admin. Approved By Michelle Edwards Arnold Code Enforcement Director Date Community Development & Code Enforcement 9/6/2005 2:03 PM Environmental Services Approved By Community Development & Joseph Y .Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 9/712005 9:05 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 917/2005 2:41 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 91912005 9:31 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9112/2005 12:59 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911712005 1:23 PM Commissioners ENVIRONMENT ARTICLE I. IN GENERAL Secs. 54- 1- 54 -25. Reserved. ARTICLE II. RESERVED* Secs. 54- 26- 54 -55. Reserved. ARTICLE M. WATER POLLUTION CONTROL PROGRAM Sec. 54-56. Title and citation. This article shall be known and may be cited as the "Collier County Water Pollution Control Or- dinance." (Ord. No. 89 -20, § 1) Sec. 54-57. Applicability. This article shall apply county -wide. (Ord. No. 89 -20, § 2) State law reference — Conflicts between ordinances of noncharted counties and municipal ordinances, Fla. Cont. art. VIII, § M. Sec. 5458. Establishment; purposes and im- plementation. (a) There is hereby established the county wa- ter pollution control program (hereinafter re- ferred to as the "program "). (b) The program is established for the pur- poses of (1) Implementing a county -wide pollution con- trol program to monitor and study the treatment and disposal of sewage. (2) Abating the effects that the disposal of the resulting sewage effluent and solid pollutants has on the water resources of the county. *Editor's note —Ord. No. 99 -7, § 1, adopted Jan. 27, 1999, repealed Art. H in its entirety. Formerly, said article pertained to the county's environmental policy technical advisory board. See the Code Comparative Table. Agenda Item No. 10B September 27, 2005 Page 4 of 19 § 54 -F (3) Protecting the groundwater, freshwater, surface waters and other nontidal water resources from all sources of pollution in the county. (c) The board of county commissioners shall take all necessary and desirable actions to imple- ment the purposes of this program. (Ord. No. 89 -20, § 3) Sec. 54-59. Funding and levy of taxes. The monitoring, study, protection and abate- ment program designated pursuant to this article shall be provided from taxes levied in both the incorporated and unincorporated areas of the county. The levy of one -tenth of a mill which was approved in the county -wide referenda on Novem- ber 6, 1984, and March 8, 1988, shall be for the purposes specified in this article. The program tax shall be levied and collected at the same time and in the same manner as provided by law for other county taxes. The property appraiser and the tag collector of the county are specifically authorized and directed to take all necessary and desirable action in furtherance of this section. (Ord. No. 89 -20, § 4) Sec. 54 -60. Advisory board. The board of county commissioners may by ordinance designate an advisory board composed of residents and electors of the county with advi- sory authority in the business affairs of the pro- gram and such other duties as may be assigned from time to time by the board of county commis- sioners. (Ord. No. 89 -20, § 5) Cross reference— Boards, commissions, committees and authorities, § 2 -816 et seq. Secs. 54-61- 54-80. Reserved. ARTICLE IV. NOISEt Sec. 5481. Title and citation. This article shall be known and may be cited as the "Collier County Noise Control Ordinance." (Ord. No. 90 -17, § 2) tCross reference — Offenses involving public peace and order, § 94-26 et seq. State law references —Motor vehicle noise generally, F.S. §§ 316.272 et seq., 403.415; noise from watercraft, F.S. § 327.65. Supp. No. 9 CD54:5 Agenda Item No. 10B September 27, 2005 Page 5 of 19 — § 54-82 COLLIER COUNTY CODE Sec. 54-82. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agricultural zone means any geographic area designated for agricultural activities by the zon- ing authority having jurisdiction over such area. Ambient noise means the all encompassing noise associated with a given environment, being usually a composite of sound from many sources near and far. Amplified sound means use of a public address system, loudspeaker, amplifier or any other de- vice which electronically augments the volume of sound. A- weighted level (dBA) means the sound pres- sure level in decibels as measured on a sound level meter using the A- weighted network. The level so read is designated dBA. Commercial zone means any geographic area designated for commercial or professional activi- ties by the zoning authority having jurisdiction over such area. Community event means any cultural, sport- ing, historical or traditional observance, holidays and [The nest page is CD54:91 Supp. No. 9 CD54:6 ENVIRONMENT ceremonies, parades and concerts open to the public, including events operated for profit or for which admission is charged. Construction means any site preparation, as- sembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or on any public or private right -of -way, structures, util- ities or similar property. Continuous noise means a noise which remains essentially constant in level during the perm of observation. County code enforcement department means the designated authority charged with administra- tion of this article and enforcement in addition to enforcement by the county sheriff's office. Decibel (dB) means a unit for describing the amplitude of sound, equal to 20 times the loga- rithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter. Emergency means an occurrence or set of cir- cumstances involving actual or imminent phys- ical trauma or property damage which demands immediate action. Emergency work means any work performed for the purpose of preventing or alleviating the phys- ical trauma or property damage threatened or caused by an emergency. Impulsive sound means a sound of short dura- tion, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of im- pulsive sound include explosions, drop forge im- pacts, and the discharge of firearms. Industrial zone means an industrial zone is any geographic area designated for industrial or man- ufacturing activities by the zoning authority having jurisdiction over such area. Intermittent noise means a noise whose sound pressure level exceeds the ambient noise level at either regular or irregular intervals. Noise means any sound which annoys or dis- turbs humans or causes or tends to cause an ad- verse psychological effect on humans. Agenda item No. 10B September 27, 2005 Page 6 of 19 § 54.82 Noise disturbance means one person or a group of loud, harsh, nonharmonious sounds or vibra- tions that are unpleasant and irritating to the ear which is or may be harmful or injurious to the health or welfare of a reasonable person with normal sensitivities or unreasonably interferes with the enjoyment of life, property or outdoor recreation. Noise level means the sound pressure level as measured in dBA unless otherwise specified. A measurement of noise must be at least five dB above the ambient noise level. Nonenclosed area means any area or structure that is not totally enclosed with a continuous roof, floor and walls constructed using rigid structural building materials. Person means any individual natural person, public or private corporation, firm, association, Joint venture, partnership, or any other entity whatsoever or any combination of such, jointly and severally. Person shall include any owner, agent, or employee of a business establishment or other entity. Property boundary means the legal boundary of real property. In the case of multiple family struc- tures, the property boundary for purposes of this article shall be the balcony, porch or interior of the complainant's unit. Pure tone means any sound which can be dis- tinctly heard as a single pitch or a set of single pitches. For the purposes of measurement, a pure tone shall exist if the one -third octave band sound pressure level in the band with the tone exceeds arithmetic value of the sound pressure levels of the two contiguous one -third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz. Real property line means an imaginary line along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, ex- cluding intrabuilding real property divisions. CD54:9 § 5482 COLLIER COUNTY CODE Residential zone means a residential zone is any geographic area designated for single or multi- family dwelling by the zoning authority having jurisdiction over such area. RMS sound pressure means the square root of the time averaged square of the sound pressure, denoted Prms. Sheriff's office means the county sheriffs office. Sound means an oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sound level meter means an instrument to mea- sure the sound pressure level of relatively contin- uous and broadband noises. The sound level meter used to determine compliance with this article shall meet or exceed the requirements for type 2 sound level meter in accordance with ANSI stan- dard S1.4. Sound pressure level means 20 times the loga- rithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropas- cals (20 x 10 — B N /m2). The sound pressure level is denoted Lp or SPL and is expressed in decibels. (Ord. No. 90.17, § 5; Ord. No. 93-77, § 2) Cross refemnee— Definitions generally, § 1.2. Sec. 54.83. Violations; penalties; enforce- ment. (a) Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $500.00 or impris- onment not exceeding 80 days, or both. Each day such violation is committed or permitted to con- tinue shall constitute a separate offense and shall be punishable as such hereunder. Any person who continues to violate the provisions of this article after having been previously cited, may be subject to further citations, including the day upon which the original citation was issued. (b) Upon conviction of violation of this article three times for the same offense within a 12- month period, when such sound is created by the same sound emitter, the noise creating equip- ment may be confiscated by the court following Agenda Item No. 10B September 27, 2005 Page 7 of 19 the most recent conviction until such time as the offender can satisfy the court that he is prepared to and, in fact, will operate said equipment within the limits of this article. Further violation there- after shall result in the permanent confiscation by the court upon such conviction. (c) The owner of property, a tenant, a lessee, a manager, employee, an overseer, an agent, corpo- ration or any other person or persons entitled to lawfully possess or who claims lawful possession of such property involved at a particular time shall each be responsible for compliance with this ar. ticle and each may be punished for violation of this article. (d) It shall not be a lawful defense to assert that some other person caused such sound but each lawful possessor or claimant of the premises shall be responsible for operating or maintaining such premises in compliance with this article and shall be punishable whether or not the person actually causing such sound is also punished. (e) The county sheriff or his designee or any other authorized enforcement agency is empow- ered to investigate any situation where a person, business or other establishment is alleged to be in violation of this article. If the sheriff or his des. ignee or other authorized enforcement agent en- counters a circumstance which reasonably indi- cates that a person is in violation of this article, or where the sheriff or his designee or other autho- rized enforcement agent responds to complaints regarding amplified sound or nonamplified music from a nonenclosed area for which an annual permit has been issued, he may administer a sound level pressure test with a sound level meter and ascertain whether a violation of this article has occurred. If the result of the sound level pressure test indicates a violation of this article, the sheriff or his designee or other authorized enforcement agent is authorized to demand that the violative sound cease, to issue a notice to appear, or to ar- rest, the person producing, causing to be produced, or allowing to be produced the amplified noise. (f) In addition to the foregoing provisions, the following enforcement procedures shall apply where an annual permit is required pursuant to section 54 -92 or section 54 -93. (1) Upon the first violation of the annual permit the county code enforcement depart- CD54:10 ENVIRONMENT ment department or sheriffs department may issue a verbal or written warning, if one has not been previously issued by another authorized enforcement agency, and upon the second violation or any subsequent violations within a 24 -hour period a written citation may be issued. Any violations for which a written cita- tion has been issued may be referred to the county code enforcement board or to a court of competent jurisdiction. (2) If cited to the code enforcement board, the code enforcement board shall conduct a hearing and provide for and enforce such penalties as provided by law. (3) In addition to the authority of the code enforcement board to impose fines and other penalties, the person, business es- tablishment or other entity causing or allowing to be caused the violative sound may be subject to civil and or criminal penalties as provided by this article upon conviction by a court of competent juris- diction. (4) Upon the second enforcement action re- ferred to the code enforcement board or to a court of competent jurisdiction within any 12 -month period, the annual permit shall be revoked by the community devel- opment services administrator for one year from the date of final action by the code enforcement board or by a court of com- petent jurisdiction finding the person in violation of this article. During said pe- riod of revocation, the person having held the revoked permit shall be ineligible to apply for an annual permit issued pursu- ant to section 54 -92 or section 54 -93. (5) Any person aggrieved by the revocation of the annual permit by the community de- velopment administrator may appeal such revocation to the board of county commis- sioners. Such appeals shall be filed with the county administrator's office within 30 days of said permit revocation. The board of county commissioners shall hear the appeal after due public notice. (Ord. No. 90 -17, § 12; Ord. No. 93 -77, § 9) State law reference Penalty for ordinance violations, F.S. § 125.69. Agenda Item No. 10B September 27, 2005 Page 8 of 19 Sec. 54 -84. Additional remedies. § 54-85 (a) In addition to the criminal penalties pro- vided for herein, the board of county commission- ers is hereby authorized to institute any appro- priate action or proceeding, including an action at law for damages or a suit for injunctive relief in order to prevent or abate violations of this article. For the purposes of this article, the emission of any sound or the operation or maintenance of any device, instrument, vehicle or machinery in viola- tion of any provisions of this article which endan- gers the comfort, repose, health and peace of residents of the county is declared to be a public nuisance. (b) Nothing in this section shall be construed to prohibit the county from prosecuting any vio- lation of this article by means of a code enforce- ment board established pursuant to the authority of F.S. ch. 162. Nothing herein shall be construed to limit any private right of action. (Ord. No. 90 -17, § 12) Sec. 54 -85. Findings and purpose. (a) The board of county commissioners finds and determines that noise level emissions in excess of the requirements established in this article are potentially harmful and injurious to the public health, safety and welfare, and unrea- sonably interfere with the enjoyment of life and property in the county. (b) It is therefore the purpose of this article to eliminate, regulate or restrict sources and occur- rences of amplified sound or noise at decibel levels or frequencies and intensities which are contrary to the public welfare, constitute a nuisance to the public at large and degrade the quality of life. It is determined by the board that excessive noise created by the amplification of sound emanating from nonenclosed areas such as chickee huts, screened porches and the like when located in commercial or tourist use occupancies or zones within 1,000 feet of a residential use occupancy or zone is disruptive to the use and enjoyment of such residential property. It is declared that th provisions and prohibitions hereinafter containea and enacted are for the purpose of securing and Supp. No. 11 CD54:11 COLLIER COUNTY CODE § 54-85 promoting public health, comfort, convenience, safety and welfare, and the peace and quiet of the county and the inhabitants therein. (Ord. No. 90 -17, § 1; Ord. No. 93 -77, § 1) Sec. 54-86. Applicability. All territory within the legal boundaries of the unincorporated area of the county shall be em- braced by the provisions of this article. Noises originating in an area not embraced by the provi- sions of this article which emanate into an area embraced shall constitute a violation of this sec- tion. (Ord. No. 90 -17, § 3) Sec. 54 -87. Exceptions. The following uses and activities shall be per- mitted under this article: (1) Construction operations for which build- ing permits have been issued, or construc- tion operations not requiring permits due to ownership of the project by an agency of government; providing all equipment is operated in accord with the manufactur- ers' specifications and with all standard equipment, manufacturers' mufflers and noise reducing equipment in use and in proper operating condition, and is oper- ated in compliance with subsection 54- 92(e). (2) Noises of safety signals, warning devices, emergency pressure relief valves and bells and chimes of churches. (3) Noises resulting from any authorized emer- gency vehicle when responding to an emer- gency call or acting in time of emergency. (4) Noises resulting from emergency work as defined in section 54 -82. (5) Noises resulting from equipment or oper- ations incidental to the emergency repair or restoration of services such as public utilities or other emergency activities in the public interest. (6) Any other noise resulting from activities of a temporary duration permitted by law and for which a license, permit or waiver Agenda Item No. 10B September 27, 2005 Page 9 of 19 therefor has been granted by the county in accordance with sections 54 -88, 54 -89 and 54 -93. (7) Noises made iaving obtained a permit to S. (8) All noises c z normal opera- tions of airc.. ling scale model aircraft), an mal operations of airports ', Ity. (9) Those mote trolled by F.S. § 316.293, as may be amended, but not those motor vehicles exempted from cov- erage. (10) Motor vehicles defined in F.S. § 316.293(1)(a) and (b). (11) Ordinary noise created by the operation of railways. (12) Operation of equipment or conduct of ac- tivities normal to residential or agricul- tural communities such as lawn care, soil cultivation, domestic power tools, lawn mowers, maintenance of trees, hedges, gardens, refuse collection, agricultural equipment, saws and tractors, street sweep- ers, mosquito fogging, tree trimming and limb chipping and other normal commu- nity operations, between the hours of 7:00 a.m. to 10:00 P.M. (13) Compliance provisions. In those instances where an industry or commercial busi- ness had prior to February 23, 1990, es- tablished its place of business in an area removed from residential zone and subse- quently through encroachment of residen- tial development or rezoning, became im- mediately adjacent to a residential zone, such business shall be required to comply with all sound level limits. Notwithstand- ing the above, facilities and processes existing at the business site as of January 1, 2001 shall be deemed to be in full compliance with this article provided the respective business complies with the fol- lowing: a. An engineer with expertise in the subject matter area of acoustical en- gineering and licensed to provide Supp. No. 11 CD54:12 Agenda Item No- 10B September 27. 2005 Page 10 of 19 ENVIRONMENT § 54 -88 such services in Florida, is retained by the business to conduct, and does conduct, a thorough acoustical anal- ysis of the relevant noise producing operations of the business; and b. A timetable (for commencement and completion of the engineer's pro- posed sound reduction plan is to be undertaken by the business) is pre- sented to the county's director of code enforcement, who is hereby au- thorized to ascertain (with or with- out assistance of an acoustical engi- neering firm retained by the county) whether the proposed remedial mea- sures and timetable appear to be adequate and reasonable. If approved to be reasonable by the director, the director shall monitor the approved plan and timetable to confirm timely completion of the plan; and C. Based upon the engineering analy- sis, the business, by expending money and/or taking other remedial mea- sures, makes a good faith effort to attempt to comply fully with the applicable maximum noise levels as measured at representative residen- tial noise affected sites and/or units, and the remedial measures bring the offending noise levels toward com- pliance with the maximum sound levels, and after completion of the plan's sound reduction measures, the sound levels do not exceed any appli- cable maximum sound level speci- fied in this article by more than two decibels; and d. In the professional judgment of the business' retained acoustical engi- neer, expenditure of additional money or other resources, or taking other remedial measures to attempt to fur- ther reduce the levels of any such sounds is unlikely to result in any meaningful further reduction in any of the sound levels then emanating from the business. e. Compliance with the above four sub- paragraphs shall conclusively estab- lish that if the county should require any further expenditure of money or the taking of any other remedial measures will thereby impose an un- due economic burden upon that busi- ness. Undue economic burden in- cludes monetary losses projected to result from requiring the business to comply more fully with the applica- ble maximum sound levels, includ- ing, but not necessarily limited to, cessation or any reduction of the business' hours of operating during any 24 -hour period. (Ord. No. 90 -17, § 8; Ord. No. 93 -77, § 5; Ord. No. 00 -68, § 3, 10- 24 -00) Sec. 54 -88. Community event permits. Applications for a community event permit fr- relief from the maximum allowable noise lei limits designated in this section or section 54 -89 may be made in writing to the county administra- tor or his designee. A community event permit may not be obtained by the holder of an annual permit for any event permitted pursuant to the annual permit. Any community event permit granted by the county administrator hereunder must be made in writing and shall contain all conditions upon which said community event per- mit shall be effective. The county administrator, or his designee, may issue a community event permit under the following conditions: (1) The county administrator may prescribe any reasonable conditions or require- ments as he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound attenuating devices. (2) Community event permits issued hereun- der may be granted for any planned com- munity event as defined herein. (3) Community event permits issued hereun- der for entertainment events, includir parades, entertainment events other than at parks, playgrounds or school property; Supp. No. 11 CD54:13 COLLIER COUNTY CODE § 54 -88 concerts, in- street events, fireworks dis- plays, and substantially similar events may be granted subject to the following conditions: a. The event must be open to the public (admission may be charged); b. The permit can authorize the enter- tainment event to function for up to 16 hours in a 24 -hour day; and C. The entertainment event itself may function only between the hours of 8:00 a.m. and midnight. (4) Community event permits for other than entertainment events may be issued un- der the following conditions: a. If the community event relates to the operation of a trade or business but is not conducted in the ordinary course of that trade or business; b. If the applicant is an individual, the community event does not relate to the operation of a trade or business and the community event is not an ordi -nary event in the affairs of the applicant; C. If the community event is a recur- ring event but does not recur more often than four times each calendar year; and d. If the community event does not relate to the operation of a trade or business and the event is compatible with the ordinary activities of the neighborhood in which the commu- nity event is to occur. (5) Except in emergency situations, as deter- mined by the county administrator, or as restricted in section 54- 88(3), a commu- nity event permit may be issued for only four hours between 7:00 a.m. and 11:00 p.m. on weekdays for events other than entertainment. Agenda Item No. 10B September 27, 2005 Page 11 of 19 or sound amplifying device on the exterior of any building which at any time exceeds the applicable sound level limits in Table I hereof except those used for emergency warnings and except as otherwise pro- vided by section 54 -93 herein. (Ord. No. 90 -17, § 9; Ord. No. 93 -77, § 6; Ord. No. 00-68, § 4, 10- 24-00) Sec. 54 -89. Waivers. Applications for a waiver for relief from the maximum allowable noise level limits or time -of- day restrictions designated in this article shall be made in writing to the board of county commis- sioners, when the activity creating such noise is located within the unincorporated area of the county. Any waiver granted by the board of county commissioners must be in writing and shall con- tain all conditions upon which said waiver shall be effective. The board of county commissioners may grant the waiver upon consideration of the request at a regularly scheduled public hearing and under the following conditions: (1) The applicant has not received a warning or citation from the code enforcement de- partment which is currently pending, for violation of annual permit. (2) The board of county commissioners in granting a waiver, may prescribe any rea- sonable conditions or requirements it deems necessary to minimize adverse ef- fects upon the community or the surround- ing neighborhood. (3) Waivers from maximum allowable noise level limits or time- of-day restrictions may be granted for noises created within an industrial or commercial zone by opera- tions which were in existence on the ef- fective date of the ordinance from which this article was derived. (6) A community event permit may be issued (4) Waivers may be issued for no longer than for no longer than seven consecutive days. 30 days, renewable by further application (7) No community event permit may be is- to the board of county commissioners. sued to allow the use of any loudspeaker (Ord. No. 90 -17, § 10; Ord. No. 93 -77, § 7) Supp. No. 11 CD54:14 Agenda Item No. 10B September 27, 2005 Page 12 of 19 ENVIRONMENT § 54 -92 Sec. 54-90. Right to appeal. permitted use shall supersede and control An person a Any p aggrieved by the denial of his the zoning classification applicable to that application for a permit by the county adminis- site or unit. trator, or his designee, may appeal such denial to (7) Each site or unit not otherwise classified the board of county commissioners. Such appeals as to zoning shall conform to commercial shall be taken within 30 days from the date of sound -level standards. denial by filing with the county administrator a written notice specifying the grounds thereof. (b) Maximum permissible sound and vibration Due public notice of the hearing on the appeal levels by zoning classification or use occupancy. shall be given. (1) No sound shall violate any sound stan- (Ord. No. 90 -17, § 11; Ord. No. 93 -77, § 8) dard provision of this article unless the offending sound exceeds the then existing Sec. 54-91. Prohibitions. ambient sound level by at least five dBA for Table I, or five decibels unweighted for It shall be unlawful, except as expressly per- Table II, at the sound - affected site or unit. mitted herein, to make, cause or allow the making The board, by resolution(s), after pubic of any noise or sound which exceeds the limits set hearing thereon, may make, adopt, amend forth in this article. and repeal rules and administrative or- (Ord. No. 90 -17, § 4) ders to implement, administer and en- force this article. No person shall operate, Sec. 54 -92. Maximum permissible sound lev- or cause or suffer to be operated an, els. source of sound from any use occupancy is such a manner as to create a sound level, (a) Classification or use occupancy. For the after applicable character of sound adjust - purposes of defining "use occupancy" in the arti- ments, if any, which exceeds the limits set cle, the following classifications shall apply. forth for the use occupancy category in (1) All premises containing habitually occu Table 1 or Table II, for any minimum part of any measurement pied sleeping quarters shall be considered period, which mea- residential use. surement period shall not be less than 60 seconds. Sounds should be measured at or (2) Premises containing transient commer- beyond the property boundary line of the cial sleeping quarters shall be considered site or unit from which the sound ema- tourist use. nates at any sound - affected site(s) or unit(s) that the tester deems to be most appro- (3) All premises containing business where priate, and which should usually be at a sales, professional, or other commercial distance greater than 50 feet from the use is legally permitted shall be consid- sound source unless there is valid reason ered commercial use. for testing at a closer distance. "Real (4) All premises where manufacturing is le- property line (or boundary)" means an Bally permitted shall be considered man- imaginary line along the ground surface, use. and its vertical extension which sepa- p rates rates real property owned by one owner (5) Nursing homes, hospitals, schools, librar- from real property owned by another owner, ies and church uses shall be considered but does not include intra - building divi- residential uses. sions. Test equipment shall be placed at a (6) Legally permitted use(s) of the site height at least three feet above the ground or unit shall supersede the zoning classification and at least four and one -half feet away from walls, barriers, obstructions and an3 of the site or unit and in cases of multiple uses, the most restrictive actual lawfully other sound - reflecting surfaces that might destroy the validity of the test measure - Supp. No. 11 CD54:15 § 64 -92 COLLIER COUNTY CODE ments. Wind barriers should be used when appropriate. If the investigation is based upon a complaint, the testing equipment should be located as close as possible to the sound - affected site or unit from which the complaint originated. All times are standard or daylight savings as applica- ble. The standard(s) to be applied shall be the standard(s) and/or table(s) that result in the lowest sound level(s) that violate this article. Equipment testing shall in- clude octave band analysis. An 'octave band" is a range of sound frequencies divided into nine octave bands to classify sounds according to pitch (frequency). If the measured difference between the ap- plicable ambient sounds and the possibly TABLE I Agenda Item No. 10B September 27, 2005 Page 13 of 19 violating sound levels is five dBA or unweighted decibels, each possibly violat- ing sound level shall be reduced by two dBA or unweighted decibels. If the mea- sured difference is six to eight dBA or unweighted decibels, the possibly violat- ing sound level readings shall be reduced by one dBA or unweighted decibel. If such measured difference is nine or more dBA or unweighted decibels, the possibly vio- lating sound reading should not be ad- justed based upon the difference. No per- son shall hinder, obstruct, delay, resist, prevent in any way, interfere with, or attempt to interfere with any authorized person while he or she is in the perfor- mance of duties pursuant to this article. Zoning/ Use at the location of the Sound Level Limit Sound - affected Site or Unit Time of D ay or Night (dBA) Residential 7:00 a.m. to 10:00 P.M. 60 After 10:00 p.m. to 6:59 a.m. 55 Commercial or tourist 7:00 a.m. to 10:00 p.m. 65 60 After 10:00 p.m. to 6:59 a.m. Manufacturing or industrial At all times 75 75 A cultural At all times (2) Table II, below, applies to all sound - affected sites /units. The required five - decibel difference between the ambient sound level and the offending sound ap- plies to every octave band. Table II ap- plies to sounds emitted from any single residential, tourist residential, commer- cial, industrial, and/or manufacturing op- eration, activity, process, plant or facility, or any combination(s) thereof. Provided the offending Table I sound level exceeds the ambient sound level by at least five dBA, or exceeds by five decibels unweighted any of the maximum applicable sound level in any octave band in Table II, it is a violation of this article when any such sound is caused or suffered by any such non - exempt activity, facility, entity, plant, Supp. No. 11 CD54:16 operation, or process, by applying the following standards, as may be applica- ble: ANSI Standards: S 1.1 -1994 (ASA 111) (Acoustical terminology; Definitions of technical terms not defined herein shall be obtained from the then current version of the American Standard Acoustical Ter- minology published by the American Na- tional Standards Institute, Inc. in S 1 -1 or its then current successor in function); S 1.4 -1983 (ASA 47) (Specifications for sound level meters); ANSI S 1.4A -1985 (Amend- ments to S 1.4- 1983); ANSI S 1.6 -1984 (1990) (ASA 53) (Standard preferred fre- quencies, frequency levels and band num- bers for acoustical measurements); ANSI S 1.11 -1986 (R1993) (ASA 65) Specifica- tions for octave -band and fractional -oc- ENVIRONMENT tave band analog and digital filters); S 1.12 -1967, (R1986) (Specifications for lab- oratory standard microphones); ANSI S 1.13- 1971(R1986) (Measurement of sound pressure levels); ANSI S 12.4 -1986 (R1993) (ASA 630) (Assessment of high- energy im- pulse sounds with respect to residential communities); ANSI S 12.7 -1985 (R1993) (ASA 62) (Measuring impulse noise); ANSI S 12.9- 1988/Part 1, (R1993) (ASA 76) (En- vironmental sounds, Part 1); ANSI S 12.9 - 1992/Part 2 (ASA 105) Environmental sounds - Part 2, and measurement of long -term, wide -area sound); ANSI S 12.9 - 1992/Part 3 (ASA 109) (Environmental sound, Part 3, short -term measurement with an observer present); ANSI S 12.18- 1994 (ASA 110) (Outdoor measurement of sound pressure levels); ANSI S 12.40- 1990 (ASA 88) (Descriptors for determina- TABLE II Agenda Item No. 10B September 27, 2005 Page 14 of 19 § 54 -92 tion of compatibility land use - revision of ANSI S3.32- 1980). Because these stan- dards (and/or the vibration standards) will be up -dated from time -to -time, such standards may be up -dated by resolutions of the board of county commissioners af- ter public hearing thereon, including the summary agenda process. Applying Table II, the nighttime hours are each day from 10:00 p.m. until 7:00 a.m. the following morning except as otherwise expressly specified in this article. Unless provided otherwise, each such sound that tests in excess of any such sound - affected site - specific applicable resultant value, after applying all applicable site - specific im- pulse sound and/or pure tone (character of sound) adjustments, shall be a violation of this article. Maximum Unweighted Sound Pressure Levels (in unweighted) decibels —Day and Night Steady Sound Octave Band Center Freq. (in Hertz.) Residential Sd64Da Tourist or Commercial Site or Unit Manufacturing, Industrial, or Agricultural Site or Unit 31.5 Da 69—Night 74—Ni ht 69 84 63 Da 69 —Ni —Night Da 74—Ni ht 69 84 125 Da 66--Night Da 71 —Ni ht 66 81 250 Da 62 —Ni hDa 67 —Ni ht 62 77 500 Da 58—Ni hDa 63 —Ni ht 58 73 1000 Da 53 —Ni hDa 58—Ni ht 53 68 2000 Day 49—Night 44 Day 54—Night 49 64 4000 Day 46—Night 41 Day 51—Night 46 61 8000 Day 42—Night 37 Day 47—Night 42 57 DBA 60 55 65 60 75 The DBA row is for comparison purposes only. Refer to "Correction for Character of Sound" in subsection (3)(C), below. (3) Vibrations emanating from commercial, industrial, or manufacturing facility. These are not sound limits. These standards apply throughout unincorporated Collier County. A vibration is an oscillatory motion of solid bodies described by displacement, velocity or acceleration witi reference to a given reference point. It is a violation of this article to operate, permit, or suffer operation or use of any industrial, manufacturing and/or commercial device, facility, operation, or process that causes any vibrations which exceed the applicable displacement(s) in inches Supp. No. 11 CD54:17 § 54 -92 Agenda Item No. 10B September 27, 2005 Page 15 of 19 COLLIER COUNTY CODE specified in Table III, below, at the property boundary of, or within, any vibration- affected site or unit in residential or tourist residential use or zoning anywhere in unincorporated Collier County. Steady state vibrations are continuous or occur in discrete pulses more frequently than 100 impulses per minute. Discrete pulses that do not exceed 100 impulses per minute must not cause displacement in excess of twice the applicable value(s) in Table III. Impact vibrations occur in discrete pulses which are separated by a time interval of at least one minute and which occur no more than eight times in any 24 -hour period. These vibration regulations do not apply to activities conducted pursuant to, and to the extent authorized by, blasting permit(s) issued by Collier County or by any other governmental agency that then has superseding authority to issue the respective blasting permit(s). TABLE III Frequency of Steady State Vibration Displace Frequency of Impact meat Cycles Per Second, Vibration Displacement Cycles Per Second; Inches Inches Less than 10 0.0004 Less than 10 0.0006 0.0003 10 through 19 0.0002 10 throu h 19 20 through 29 0.0002 20 through 29 30 through 39 0.0001 0.0001 30 through 39 0.0001 40 through 49 0.0001 40 through 49 0.0001 50 and over 0.0001 50 and over 0.0001 The following standards shall be used, as ap- plicable, to measure vibrations: ISO- 2631 -1 (Me- chanical vibration and shock — Evaluation of hu- man exposure to whole body vibration); ANSI S 2.2 -1959 (R 1990) (Calibration of shock and vibra- tion pickups); ANSI S 2.61 -1989 (ASA 78) (Me- chanical mounting of accelerometers); ANSI S 24.21 -1957 (R1989) (Characteristics of shock and vibration measurements). Athree component mea- suring system shall be used to measure vibra- tions. The testing system should measure earth borne vibrations in three directions, each of which occur at right angles to the other two. (c) Correction for character of sound. (1) Steady pure tone. For each sound that is a steady pure tone, the applicable maxi- mum sound level limits set forth in Table I and Table II shall be reduced by five decibels at sound - affected sites /units in residential use or zoning. (2) Non- repetitive impulsive sound. For any non - repetitive impulsive sound (up to five impulses in an hour), the maximum sound level limits set forth in Table I and Table II shall be increased by ten decibels from 7:00 a.m. to 10:00 p.m. (d) Multifamily dwellings. This subsection shall not apply if the sound - affected site /unit and the source of the sound can be regulated by the same management, including by restrictive covenant, lease, condominium document or any other rule or regulation that purports to be enforceable by the management against the violator, whether or not enforced. This subsection applies only to sounds when measured within a multifamily residence dwelling unit (occupied in whole or in part as the temporary or permanent residence of one or more natural persons) in residential, tourist residen- tial, or commercial use or zoning and the building contains two or more such dwelling units. It shall be a violation of this article to emanate any sound, including from equipment, live perfor- mance music, or amplified sound, that, when measured inside such a multifamily dwelling unit Supp. No. 11 CD54:18 i ENVIRONMENT Agenda Item No. 1013 September 27, 2005 Page 16 of 19 § 54 -92 in residential, or tourist residential use or zoning, Day, Memorial Day, Fourth of July, exceeds 53 dBA anytime between the daytime Labor Day, Thanksgiving Day, and hours of 7:00 a.m. to 10:00 p.m., or exceeds 45 Christmas Day. dBA anytime between the nighttime hours of 10:00 p.m. and 7:00 am. Management includes b. Any person desiring to engage in the landowner, landlord, resident manager, condomin- • aforementioned activities beyond the ium association, or any other substantially simi- stated hours of limitation, based upon lar individual, group or entity that has authority cases of urgent necessity or upon the to control the respective sound(s). Equipment interests of public health, safety and includes, but is not limited to, air conditioning welfare may apply in writing to the unit, heating unit, pump, fan, utility facility, and county manager or his designee for any other substantially similar item, large or an emergency construction permit. small, commercial or non - commercial, whether or Such application shall state all facts not a fixture, within, adjacent to, or associated and circumstances demonstrating the with the multifamily building comprised of two or need for such permit. Such permits, more residence dwelling units. if granted, shall be limited to 15 days, but may be renewed for addi- (e) Construction sounds. tional periods if the emergency or (1) Power driven construction equipment. No need therefor continues. Requests for renewals of said permit shall be person shall operate or permit to be oper- made in writing prior to the expira- ated any power driven construction equip- tion of permits previously issued pur- ment without a muffler or other sound suant to this section. In the issuance reduction device at least as effective as of such permits, the county manager that recommended by the manufacturer or his designee shall weigh all facts or provided as original equipment. Con- and circumstances presented and struction equipment that must be oper- shall determine whether the reasons ated near a residentially zoned area a on given for the urgent necessity are a 24 -hour per day basis (i.e., pumps, well valid and reasonable, whether the tips, generators, etc.) shall be shielded by public health, safety and welfare will a barrier to reduce the sound during the be protected or better served by grant - hours of 6:00 p.m. to 7:00 a.m. unless the ing the permit requested and whether, unshielded sound level is less than 55 should the permit not be granted, dBA measured at or inside of the closest the manner and amount of loss or accessible for testing sound - affected resi- inconvenience to the applicant im- dentiaily zoned or used property. poses a significant hardship. Upon (2) Regulating noise from construction activ- an affirmative finding of the forego- ity. ing considerations, the county man- a. Any construction activities and site ager or his designee is authorized to issue the emergency construction per - preparation activities including but mit. Notice of said permit applica- not limited to land clearing and grad- tion shall be given to all property ing, excavation and vegetation re- owners adjacent to the subject site. moval, authorized or permitted pur- During such periods of emergency suant to the provisions of this Code activities and during the normal con - shall occur only during the following struction or site preparation hours of hours: 6:30 a.m. to 7:00 p.m., Mon- 6:30 a.m. to 7:00 p.m., the noise day through Saturday. No construc- levels generated by construction or tion activity or site preparation ac- site preparation activities shall not tivity is permitted on Sundays or on exceed those permitted under Ch. the following holidays: New Year's 54, Art. N Supp. No. 17 CD54:18.1 54-92 COLLIER COUNTY CODE (3) Exceptions. Construction activities or site C. preparation activities performed by the county, state or federal governments are exempt from this provision provided that Code Ch. 54, Art. IV is complied with. (f) Annual permit for live performance music and/or amplified sound at commercial or tourist commercial sites. Sounds to attract attention to a performance, show, sale or display. (1) Except as otherwise exempted by this article, no person shall cause, allow or suffer live performance music or ampli fied sounds to emanate from or through a nonenclosed area within a commercial or tourist use occupancy or zone before ob- taining from the County an annual per- mit in accordance with subsection (3), below. No annual permit shall be issued for live performance music or amplified sound(s) to emanate from any site or unit then in residential use or zoning, al- though special events at residential sites may be eligible for community event per- mits authorized in this article. (2) Live performance music or amplified sound emanating from or through a nonenclosed area shall not exceed the applicable day- time levels between the hours of 9:00 a.m. and 10:00 p.m., and shall not exceed the applicable nighttime noise levels between the hours of 10:01 p.m. and 8:59 a.m. when measured out of doors at or inside the property boundary of other sites or units in residential use or zoning. These provisions are subject to the exemption in subsection (d), above (multifamily dwell- ing units under effective control of man- agement). (3) Prior to annual permit issuance, an appli- cation shall be filed containing all of the following information: Agenda Item No. 1 OB September 27, 2005 Page 17 of 19 Description of the applied for nonenclosed area and the event(s) for which live performance music or amplified sound will emanate from the annually permitted nonenclosed area: (e.g., dinner hour, happy hour, daytime, evening or weekend enter- tainment, etc.). d. Describe all hours during any 24- hour period during which such live performance music or amplified sound will emanate. e. Calendar year for the annual permit being applied for. (4) Fee for annual permit. A $40.00 fee shall be paid by the applicant at the time of application for an annual permit for costs associated with administration and en- forcement. These annual permits run from January 1 through December 31. There shall be no proration of the application fee. These annual permit fees may be changed from time -to -time by resolu- tions) of the board of county commission- ers. (5) a. Name and mailing address of appli- cant; b. Name and address of business or establishment where live perfor- (6) mane music and/or amplified sound will emanate from such nonenclosed area; Supp. No. 17 CD54:18.2 Violation of annual permit for live perfor- mance music and amplified sound. Sub- ject to the multifamily dwelling unit "un- der management exemptions" in subsection (d), above, any person who, or entity that, causes or allows to be caused annually permitted live performance music or an- nually permitted amplified sound to em- anate from or through any annually per- mitted non - enclosed area that exceeds any of the standards of subsection (2), above, shall be in violation of the annual permit and ofthis article. Each incidence of sound level and/or permit time -of -day or other permit restriction violations may consti- tute a separate offense as decided by the enforcement forum in the specific case. Enforcement of annual permit. Violations of the annual permit shall be enforced in accordance with the provisions of section 54-83. ENVIRONMENT (g) Authorized school, park or playground ac- tivities. Nothing in this article is intended to regulate any sounds emanating from any autho- rized playground or school sporting event, enter- tainment event, or authorized event at a public or private playground or school provided the sounds therefrom conform to the authorization granted by the playground's or the school's management to conduct that event. (h) Raceway facilities and activities at the Immokalee regional airport. This article shall apply to the existing one - eighth mile drag strip at the Immokalee Regional Airport and shall con- tinue to apply thereto unless and until different noise levels may be determined by means of the following permitting processes. This article does not establish any sound level standards that are to apply to any future racing facilities or activities hereafter located at that airport. If additional raceway facilities are authorized at that airport, the sound level standards that shall apply thereto shall be determined by and during the permitting processes that authorize such future facilities and/or activities. The board shall have final ap- proval authority of the applicable sound levels after public hearing thereon. Those new sound level standards shall then be applied equally to the one - eighth mile drag strip. Those new sound level standards can exceed, but shall not be stricter than, the maximum sound levels now specified in this article, and shall be determined by and during the permitting processes that authorize such future facilities and/or activities. Such stan- dards shall be described in terms of A- weighted testing under Table I and by octave band stan- dards under Table II, and there shall be no time averaging of any of those sounds. Notwithstand- ing any other then existing enforcement alterna- tives, those standards, once established, shall be enforceable by applying this article. W Other remedies preserved. No provision of this article is intended to disturb the right of the county or of any person or entity to pursue any other remedy for the abatement of a nuisance, or any other remedy that may then be available under law or equity. This article does not apply to the extent the specific regulation is then pre- empted by Florida or federal law, rule or regula- tion. (Ord. No. 90 -17, § 6; Ord. No. 93 -77, § 3; Ord. No. 96 -29, § 1, 6- 11 -96; Ord. No. 00 -68, § 1, 10 -2400; Ord. No. 0455, § 2.A) Sec. 54-93. Reserved. Agenda Item No. 10B September 27; 2005 Page 18 of 19 § 54-117 Editor's note —Ord. No. 00-68, § 2, adopted Oct. 24, 2000, repealed § 54-93 in its entirety. Formerly said section per- tained to the regulation of amplified sound within 1,000 feet of a residential use. See the Code Comparative Table. Sec. 54.94. Use of loudspeakers. Loudspeakers or public address systems used to produce sound signals from any source for either advertising or other purposes may not be operated on or over public property and public right -of -way, unless a permit has been issued by the county administrator or his designee. A fee of $5.00 shall be paid for such permit. The permit may be canceled for noncompliance with this article. Such systems may be used Monday through Saturday during daylight hours only. (Ord. No. 90-17, § 13) Secs. 54- 95--54 -115. Reserved. ARTICLE V. TRANSPORTATION AND DISPOSAL OF SLUDGE* DIVISION 1. GENERALLY Sec. 54116. Findings. The board of county commissioners hereby finds that it is necessary in the public interest to regulate the transportation and disposal of sludge in the interest of the public health, safety and welfare of the citizens of the county. Regulations concerning the transportation and disposal of sludge are necessary because sludges have the capacity to create hazards to the health, welfare and safety of the citizens of the county; to create public nuisances resulting from improper man- agement of said sludges; to pollute or otherwise adversely affect the quality of ground and surface waters of the county. (Ord. No. 87 -79, § 1) Sec. 54 -117. Purpose. The purpose of this article is to provide a means to regulate the transportation and dis- 'Cross references — Businesses, ch. 26; solid waste, ch. 118; sewage discharge restrictions and prohibitions, § 134 -271 et seq. Supp. No. 17 CD54:18.3 Statutes & Constitution :View Statutes :- >2005- >Ch0316 -> Section 3045 : flsenate.gov Select Year: 2005 Agenda Item Nod' 1 of 1 September 27, 2005 im Page 19 of 19 The 2005 Florida Statutes Title XXIII Chapter.3.16. View _Entire ..Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.3045 Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.- - (1) It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so that the sound is: (a) Plainly audible at a distance of 25 feet or more from the motor vehicle; or (b) Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals. (2) The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures. (3) The provisions of this section do not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices. The provisions of this subsection shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from regulating the time and manner in which such business may be operated. (4) The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by s..3.16.2..7._1... The Department of Highway Safety and Motor Vehicles shall promulgate rules defining "plainly audible" and establish standards regarding how sound should be measured by law enforcement personnel who enforce the provisions of this section. (5) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. History. - -s. 1, ch. 90 -256; s. 220, ch. 99 -248; s. 9, ch. 2005 -164. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ® 2000 -2004 State of Florida. http: / /www.flsenate.gov /Statutes /index.cfm ?p=2 &App mode = Display_ Statute &Search string= &URL =Ch... 8/31/2005 Agenda Item No. 10C September 27, 2005 Page 1 of 87 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and /or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four -lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $4,560,000.00. OBJECTIVE: To adopt a resolution authorizing the condemnation of fee simple interests and/or perpetual or temporary easement interests necessary for the widening of County Barn Road from an existing two lane rural roadway to a four lane urban roadway between Rattlesnake Hammock Road and Davis Boulevard (Project No. 60101). CONSIDERATIONS: In August of 1996, the Board of County Commissioners first authorized the acquisition by Gift and Purchase of rights -of -way and drainage easements along the County Barn Road corridor. Three separate times during the intervening years, the abutting properties were appraised and portions of the right -of -way required to construct the improvements were purchased. In the year 2000, however, new access management standards were adopted by the County, as well as new standards for typical roadway sections in the urban area, rendering the previous construction plans for the four - laning of County Barn Road obsolete. In 2003, the firm of American Consulting Engineers was hired to design a new typical section for the four - laning of County Barn Road in conformance with current design standards. As a result of the public comments received at the 60% plans Public Information Meeting recently held for the project, many design changes were made which affected the amount of right -of -way required. In many instances, the takings were reduced. The decision whether to proceed with the four -laning of County Barn Road has had much scrutiny over the years, and the Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and by and through its professional engineering staff and consultants of the various alternative routes and typical roadway sections considered, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long -range planning implications posed by each alternative. The Board has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to County Barn Road (see attached interoffice memorandum dated May 6, 2005). The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. Agenda Item No. 10C September 27, 2005 Page 2 of 87 FISCAL IMPACT: Staff will endeavor to negotiate settlements in good faith even after condemnation lawsuits have been filed. However, if condemnation proceedings are required in order to meet the schedule for the commencement of construction, the cost is estimated to be $4,560,000.00. This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee funds. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the four -lane improvements to County Barn Road (Project No. 6010 1) are an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Lorraine Lantz, ROW Coordinator, TECM Attachments: 1. Interoffice Memorandum dated May 6, 2005, from Eugene C. Calvert, P.E. to Norman E. Feder, AICP 2. Condemnation Resolution with Exhibit A Agenda Item No. 10C September 27, 2005 Page 3 of 87 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10C Item Summary: Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four -lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). (Norman Feder, Administrator, Transportation Services) Meeting Date: 9127/2005 9:00:00 AM Prepared By Lorraine Lantz Right Of Way Coordinator Date Transportation Services TECM -ROW 9/912005 5:05:47 PM Approved By Approved By Right Of Way Acquisition Manager Date Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9/9/2005 5:27 PM Approved By Allen R. Ruth, P.E. Senior Project Manager Date Transportation Services Transportation Engineering and 9/1212005 7:17 AM Transportation Services Construction Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/12/2005 8:49 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Engineering and 9/1212005 12:58 PM Transportation Services Construction Approved By Lisa Taylor Management/BudgetAnalyst Date Transportation Services Transportation Administration 9112/2005 3:09 PM Approved By Jay Ahmad Director Date Transportation Engineering & 9/1212005 4:48 PM Transportation Services Construction Management Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9113/2005 12:13 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113/2005 3:01 PM Approved By Agenda Item No. 10C September 27, 2005 Page 4 of 87 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/16/2005 8:30 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/16/2005 5:20 PM Agenda Item No. 10C September 27, 2005 Page 5 of 87 .�-- �i0 eY �iO1�t.YLt, y TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM DATE: May 6, 2005 TO: Norman E. Feder, AICP, Administrator, Transportation Services Division FROM: Eugene C. Calvert, P.E., Interim Director, Transportation Engineering & Construction Management Department SUBJECT: Condemnation Resolution For County Barn Road from Rattlesnake Hammock Road to Davis Boulevard, Project No. 60101 On May 24, 2005, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to four -lane County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. This two -mile project includes a divided four -lane roadway with sidewalks and bike lanes on both sides. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long -range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to the Board. Also the county attorney's staff has advised that you must consider the following criteria when adopting the Condemnation Resolution: 1. Alternate Routes County Barn Road does not extend south of Rattlesnake Hammock Road nor north of Davis Boulevard, and as such serves as an important connector. Santa Barbara Boulevard is scheduled to be extended south of Davis Boulevard which will provide additional north -south capacity in the future. Further east, Collier Boulevard will be widened to also provide additional capacity. This project has not only been envisioned for a long time, but had design of the improvements started in the early 1990's, only to be interrupted several times due to higher priorities. The current design update is progressing well, and in order to meet current and future capacity needs, the only viable alternative is to widen County Barn Road to four lanes at this time. Agenda Item No. 10C 2. Safety Factors September 27, 2005 Page 6 of 87 The design of the County Barn Road improvements are in accordance with the provisions of the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards; the FDOT Plans Preparation Manual, and related design manuals; and the Collier County Policy for Access Management for Arterial and Collector Roadways to ensure the safe movement of people and goods within the project limits. Sidewalks, bike lanes and streetlights are being provided to further enhance the safety of this project. 3. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in various updates, the most recent being the 2025 LRTP (adopted in 2001), the need for upgrading County Barn Road has been identified. The project improvements are consistent with current and near future travel demand needs and the availability of financial resources. 4. Environmental Factors Planning criteria require consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. The County Barn Road project will have some environmental impacts. The project has been discussed with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers. A wetland survey has been previously conducted and will be updated with our current design. The project will require off site ponds for water treatment and attenuation, and the recommended sites typically undergo environmental evaluations. The surface water drainage design is such that the project will be a benefit to the existing surface water management system. It is anticipated that application for the Environmental Resource Permit will be within three months. 5. Costs Cost to provide for the improvements of this project has been considered from the initial identification in the adopted LRTP. The project has been refined through earlier design efforts and incorporated in the financially feasible Capital Improvement Program. The current design will further refine the project to maximize the improvement benefit while minimizing impacts. The project includes a typical four lane divided section with sidewalks and bike lanes on both sides. The corridor is largely residential with several churches. Future development includes the expansion of a private school, and possible siting of public schools. Design should be completed later this year with construction planned to start in early 2006. Agenda Item No. 10C September 27. 2005 Page 7 of 87 RESOLUTION NO. 2005- A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT -OF -WAY, AS WELL AS PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENTS, AND PERPETUAL, NON- EXCLUSIVE DRAINAGE AND UTILITY EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO COUNTY BARN ROAD FROM DAVIS BOULEVARD TO RATTLESNAKE HAMMOCK ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 33, PROJECT NO. 60101). WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted Ordinance No. 2004 -71 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2004 -71; and WHEREAS, the four -lane section of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road (Project No. 60101) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, on May 24, 2005, the Board adopted Resolution No. 2005 -212 authorizing the condemnation of property for the construction of the County Barn Road Project; and WHEREAS, several refinements in the project design have been made since Resolution No. 2005- 212 was approved; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMAIISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the expansion of County Barn Road from two lanes to four lanes between Davis Boulevard and Rattlesnake Hammock Agenda Item No. 10C September 27. Page 8 of 87 Road (hereinafter referred to as "the Project ") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire various real property interests described in Exhibit "A" to wit: fee simple title interests and/or those perpetual easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above referenced real property interests more particularly described in Exhibit "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this day of , 2005, after motion, second and majority vote supersedes and replaces Resolution No. 2005 -212. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Page 2 Approved as to form and legal sufficiency: Ellen Chadwell Assistant County Attorney Page 3 Agenda Item No. 10C September 27, 2005 Page 9 of 87 Q^j-llBlT Agenda Item No. 10C September 27, 2005 Pap —l— Of Page 10 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL N0. lDi PROPERTY OWNER: MHC— NAPLES E TATES LIMITED PARTNERSHIP MATCH[JNE REFERENCE: Q.R. 247s. Pc. 2as7 AREA OF TAKE: 9,58 ACRES t SEE SHEET 2 OF 3 a a I +27.32 67.00'R II PERPETwu. CO N ° I S ! N .- RQAO RraW- OF -MWY, OPA 4AGE 3 Lei Ate UTILITY EASEOIIII34T J ~ 91 co to ! � N u �y I Q w a F, t0 41 ci I- N -cc C6 0. !Q�¢ C�� Z) 4 S Q. vxi a e l z p Q �J 4 to Q° Q. rr cc O m W W Q ? ^ + +I � LQ,� IAN O z � CL U � I Q� I a (U6, C14 W Lu 4 OU ^�' LO h� no z ! �4 W �u f S U +0.00 o I 50.00'R N T.C.E. = TEMPORARY CONSTRUCTION EASEMENT 1 P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING NOTE: BEARINGS ARE OF COUNTY BARN ROAD BASED ON THE SURVEY AS BEING N 0034'56" BASELINE W. R.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY. DESCRIPTION: PARCEL 101 ■ ■ ■•■ ■ ■ ■• CLIENT: COLLIER COUNTY TR NSPORTATION .DIVISION NOLI BY ARHER do ■• ■• ■• UNDAGE,■s:. 8/22/05 E W. HACKNEY, .S.M. NO. 5606 Professional engineers, planners, k lend sun yon a 8/31/05 SCALE: 1" - 100' DATE:�AAY 6, 7005 i's"'.+. sin. to; Smaeae SrM: . vi. uir we*u "s a.un..e. N �.uwrpWO ■... v saa� d m ~K am 1saWs.aaoa DRAWN BY: JAN PROJECT NO.; 8081 —CBR ACAD N0: 9073 —SD101 FILE NO; 9273 EXHIBIT o� pop—SL Agenda Item No. 10C September 27, 2005 Page 11 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 101 PROPERTY OWNER: """ —NAP ES ESTATES �uI iTED PARTNERSHIP REFERENCE: 9„$,_2}78 PG, 2427 AREA OF TAKE: ^.5a AmEs 4. :o II N� w Lu U PERPETUAL.N0*6V U V& R MR UMTMdANY 0 J M � I I +I I oI 3 n I 8 w g o I x N + a � M ti I ° I cc I co D: 4 Qm S v w Q N W '� zw �I �W 2� N� /n a .. 0 �I I oI I°, 31 C? or W z I w /— P.O. 13. 81 z a � iV I 0. h � z I z z L w m h Y CMC C zti a� I° oz � 4 m z 1 I I O� U� q0q,, I QO Q. 4 4 w 0c CL � N =4 W N 0 CL z U x ZE MATCHLINE T.C.E. = TEMPORARY CONSTRUCTION EASEMENT SEE SHEET 1 OF 3 P.O.C. = POINT OF COMMENCMENT NOTE. BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. — POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 0034'56' W. R.O.W. = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 101 ■ww■• CLIENT: COLLIER COUNTY TR SPORTATION DIVISION NOU ■■■w■ BY: ■r0ur ■www■ BER & 8j 22 05 0 O E HACKNE P.S.M. N0. 5606 •■■ ■ ■■ now :ww 8 31 05 suw■r■ UNBAGE.we SCALE; 1" 100' DATE: 6'AY 6. 200 Prolessbnwt engineers, planners, & lend sur"ywrs DRAWN BY' JAN �,„ mod, �" �, r�00 T —M.1 T'wL w+du wwp 11..4100 (nN00+ -sui PROJECT NO.:,I}S�.@.L —S= w u°isim.. w n � � ACAD N0: Q073 —SD10A FlLE N0: 971- v "N ." o � . 1 EXHIBIT A Agenda Item No. 10C j�� September 27, 2005 "ice_ � 7 Page 12 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIP71ON (ROADWAY, DRAINAGE AND UTILITY EASEMENT) PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWESTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2476, PAGE 2427, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE SOUTH 00'34'56" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1694.88 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 01'08'56" EAST A DISTANCE OF 827.66 FEET,• THENCE SOUTH 89'38'51" WEST A DISTANCE OF 8.00 FEET,• THENCE NORTH 003456" WEST ALONG A LINE 17.00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 867.16 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE AFORESAID PARCEL; THENCE NORTH 8971'52" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 17.00 FEET TO AN INTERSECTION WITH THE AFORESAID RIGHT OF WAY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.58 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT RENEWED. E •• `T� NON -EXC LMNE ITHIS LEGAL DESCRIPTION AND :_w �M�� GN0L1 •ro■ ii ARHER k woviviouluRUNDAGE,. professional engineers, planners, k lend surveyors CNllw C-Mq' aW4 MO. 7100 ?u T4 C, North; Nplr. 0L 2410e (770)09/ -0111 W Cmtr 0000 C-st 0w0, eWW IN: 7atY a0rt00s. K uns (Mos" -ft" C■tlnsst. st plhMOtlw NN. L0 asst ., ss aw sv: (!N)000 -am LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 SCRIPTION: PARCEL 101 BY: EO GE . HA EY, P.S.M. NO. 5606 SCALE: N.T.S. DATE: MAY 6. 2005 DRAWN BY: JAN PROJECT NO.:8081 —CBR ACAD NO:9073— SD101A FILE NO: 9073 EXHIBIT Agenda Item No. 10C September 27, 2005 pap, 4 ( T% Page 13 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 701 MA TCHUNE PROPERTY OWNER: MHC- NAPLE5 ESTATES SEE SHEET 2 OF 4 I)wE0 PARTNERSHIP O REFERENCE: O.R. 2478 Pc 242E AREA OF TAKE: o.60 ACRES t 1 11 II TEMPORARY CONSTRUCTION EASEMENT COMMENCEMENT O CF ONSTELI I W 4.1 0 q O O LJ 3 00 CU ago R Q QR� ,I ~ 5 U S � + Z3 I I I + v I m I U z w to I cc co o + ` N 00 I � Z3 v I y U g O to I cc co z" I ` N CL o I a Do M 0 W V Ln Ln R w N� w U In 4 1 W ^ inn '$ N14En W chi Jq� co x a Q '0 'w 0.D— pP. o � N z �0- Fes-- N W N a z• U +69.00 5 897522" E 10.00' 50.00 "R EXISTING NORTHERLY R.O. W. LINE •BASED ON THE SURVEY BASELINE IUD AS BEING N 00'34'56" W. AND SKETCH SHEET 1 OF 4 i N01U so ■r BY: Mon. ER k 8/31/05 GE GE W. HACKNEl P.S.M. NO. 5806 ■wv■ or■■■ ■■ ■ ■ ■■ UNDAGE,R■ SCALE:_ 1" 100' DATE:AUr. 22. 2005 ProfeeRlonal enafneere, planners, k lend .un■7m+ PROJECT NO.:90111 —CBR o.w� c.etn wwu eo., r�oo r.�,..f arm. ■w.a, ■.pea n aim tR "Jen -ant DRAWN BY: JAN I" C. ww c...■m e.d mt. we, aiswu @~, n euw tus)"i R ■- u Reap eM in m" not lewpr -wm ACAD NQ: 9073 -SD701 FILE ND:, 9D73 �N r v I O 0 0 + N 1 I RATTLESNAKE HAMMOCK ROAD (C.R. 864) (R.O.W. VARIES) T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT NOTE. BEARINGS ARE BARN ROO P.O.B. = POINT OF BEGINNING OF COUNTY R,O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION — , 1— ,T.,., .1,11 evrTru PGCPARrn RY DESCRIPTION: PARCEL 701 0 W V Ln Ln R w N� w U In 4 1 W ^ inn '$ N14En W chi Jq� co x a Q '0 'w 0.D— pP. o � N z �0- Fes-- N W N a z• U +69.00 5 897522" E 10.00' 50.00 "R EXISTING NORTHERLY R.O. W. LINE •BASED ON THE SURVEY BASELINE IUD AS BEING N 00'34'56" W. AND SKETCH SHEET 1 OF 4 i N01U so ■r BY: Mon. ER k 8/31/05 GE GE W. HACKNEl P.S.M. NO. 5806 ■wv■ or■■■ ■■ ■ ■ ■■ UNDAGE,R■ SCALE:_ 1" 100' DATE:AUr. 22. 2005 ProfeeRlonal enafneere, planners, k lend .un■7m+ PROJECT NO.:90111 —CBR o.w� c.etn wwu eo., r�oo r.�,..f arm. ■w.a, ■.pea n aim tR "Jen -ant DRAWN BY: JAN I" C. ww c...■m e.d mt. we, aiswu @~, n euw tus)"i R ■- u Reap eM in m" not lewpr -wm ACAD NQ: 9073 -SD701 FILE ND:, 9D73 EXHIBIT�_�__ Agenda Item No. 10C September 27, 2005 Page L Of —21 Page 14 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL No. moo+ PROPERTY OWNER: M Lc_s HC- NAP esrgTEs MATCHLINE LIMITED PARTNERSHIP SEE SHEET 3 OF 4 REFERENCE: O.R. 2476. PG, 2427 AREA OF TAKE: _0.64) ACRES + +37.28 - 0 +27.32 77.00'R 0 + :I 67.00'R c 0o II 3 N W N I c co F ° 0000 U m y N N > z f! lJI Zt y •- a I Q w Lu + in a W LaJ (� ♦` N 04 ° C W O Q I o►'i� y � _,mow I -c C6 �I C, a S� 40° 2 w to ° w z° 80; TEMPORARY 11 3 Q Q CONSTRUCTION EASEMENT O in w a (DURATION: 3 YEARS FROM o COMMENCEMENT OF CONSTRUCTION + m � n ° ?N I U Q. I 3 wN 41 4.i Q !n e ^ p U +i [C ^l'W �� z " LO CL °� o Z v �Q z N I �° 2U � 440 lWu W (�j4k N) M I I ,c Q. S U Q I +0.00 o I N 50.00'R MATCHLINE T.C.E. = TEMPORARY CONSTRUCTION EASEMENT SEE SHEET 1 OF 4 P.O.C. = POINT OF COMMENCMENT NOTE: BEARINGS ARE P.O.B. = POINT OF BEGINNING BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD R.O.W. = RIGHT -OF -WAY AS BEING N 00'3456" W. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 4 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 701 '•••• �� GNOU •s•w CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION 8/31/05 8Y: GEOR E W. HACKNEY, P.S.M. NO. 5606 :: ARHER k w••••• iiiiii RUNDAGE.O.e Prctsional ensimars, Plannen, k land surveyors c.HSw O " W- eWY m. ?400 T•wlwnl LNt. �f tt,o . n woo (ss0len -ust SCALE: 1" = 100' DATE: AUG. 22. 2005 l.. G~r "" c—st me" ft'" /m+ ww srriss", n suss fnslsss -mi C~ftH@ at s.1►witanea � u ssst aM s nu 1— imp" -nos DRAWN BY: JAN PROJECT NO.: 8081 -CBR ACAD NO: 9073- SO701A FILE NO: 9073 EXHIBIT„,. Agenda Item No IOC t� �� September 15 of 87 Page 15 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 701 PROPERTY OWNER: MHC -NAPLES ESTATES UMTEI) PARTNERSHIP REFERENCE: 0-k 2676 Pc 7927 AREA OF TAKE. 0.6y urFst 0 0 II N� W J Q U to TEMPORARY CONSTRUCTION EASEMENT (DURAMON: 3 YEARS FROM OF CONSTRUCTION) n a Z0 m n ° I +I I ti v I g 0 o I 2 CN a � n w I Q S I I c) 4 U q of �O Q to U wQ ± al � o .I I W O O c I{ I I I O I rn y a w c� w z ` vwi •`, m I - P.O.C. - P.O.B. 1 8 w o Z J iv W 2 0. a ir w 0. z >.. J W w 2 z� }' 4 4 W qa r- 4.4� oQ �n q ar � !Q 4 z 4 W 4 O04 N J in Q h^ W N wcr �l Q (. O CS U � � 4O4 Q O � ILQo U MA TCHLINE T.C.E. = TEMPORARY CONSTRUCTION EASEMENT SEE SHEET 2 OF 4 P.O.C. = POINT OF COMMENCMENT NOTE: BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 0034'56" W. P.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 4 PHIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 701 ■■■■■ CLIENT: COLDER COUNTY TRANSPORTATION DIVISION i NOU ■o■■ BY: ■■■■■ ■■..■ ARHBR do 8 31 05 E G W. C EY, P .M. NO. 5608 ■■■■■■ o ■u■ ■■■o■ UNDAGE.na SCALE:,„ 1' mm 100 DATE: AIIG 22 2005 Professional analneet■, planners, k land ■urveyan oaaw a ssw, Von. aye. Hw r..nra n.■ w.o., ■.sr. n awes (avAn -uu DRAWN BY:�19t:1. PROJECT NO.: @281 —CBR W c_tr nw a.. t a.d, now Salk s..u. ay.rr. n wua I vo"-wr c emww r A.n.■A■ve w. 0 nw a ss aces ra Ian)... r ACAD NO:2073 —SD7= FILE NO: 9073 EXHIBfT_ f . Agenda Item No. 10C Pop-1— C)f `J(% September 27. 2005 '�v� Page 16 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWESTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2476, PACE 2427, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 89'11'52" WEST ALONG THE NORTHERLY LINE OF SAID PARCEL A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00'34'56" EAST ALONG A LINE 17.00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 867.16 FEET,• THENCE NORTH 89'38'43" EAST A DISTANCE OF 8.00 FEET,• THENCE SOUTH 01'08'56" WEST A DISTANCE OF 827.66 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT OF WAY LINE, THENCE SOUTH 0034'56" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 931.00 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE SOUTH 8925'21" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 10.00 FEET,• THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE NORTH 00'3456" WEST ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 931.06 FEET; THENCE NORTH 01'08'56" EAST A DISTANCE OF 837.78 FEET; THENCE SOUTH 8938'46" WEST A DISTANCE OF 8.31 FEET, THENCE NORTH 00'34'56" WEST ALONG A LINE 27.00 FEET EASTERLY FROM AND PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 856.95 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 89'11'52" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.60 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT RENEWED. TEMPORARY 0M RUOTION EASEMENT (DURATION: 3 YEARS FROM OOMMENC E MENT OF CONSTRUCTION) TION AND SKETCH "w- GNOLT suss■ .■■■■ RBER k ■■■■■■ iiiiii UNDAGE,■a Prote■■lonal engineers, planners, k lend surveyors Caesar Csaatn ■a14 Us, vow TWO/ nnn. Nww Nip... n min (xvii .uii La C—tr. sees r e1 ■we. saw Ift sa■N 8~:11 $41" (USms -Cass C•11■M4 of "u ans"uw Pas. to W" ass O UU sav (s )w-ssss LEGAL DESCRIPTION AND SKETCH- SHEET 4 OF 4 SCRIPTION: PARCEL 701 DENT; COLLIER COUNTY :TR ANSPORTATION DIVISION BY: 8/31 /05 GEO E W. HACKNEY, P. .M. NO. 5606 SCALE: N.T.S. DATE: AUG. 22. 7005 DRAWN BY: .IAN PROJECT NO.:8081 —CBR ACAD NO:9073— SD7016 FILE NO: 9073 EXHIBIT A. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTV PROJECT NO: 60101 PROJECT PARCEL NO: q06) A Agenda Item No. 10C September 27, 2005 Page 17 of 87 SHEET _L OF I 30' , !0' CONSTRUCTION EASEMENT W R/W FOR COUNTY BARN ROAD (CR.266) M EAST PROPERTY LINE & WESTERLY R/W LINE OF COUNTY BARN ROAD (CR 266) LEGEND: R/W RIGHT OF NAY LS LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK R/W LIne PG. PAGE PSM PROFESSIONAL SURVEYOR 8 MAPPER C.R. • COUNTY ROAD �irA m e r i c a n WEST PROPERTY LINE --� DRANK BY r JCM LEGAL DESCRIPTION AND SKETCH LINTY TEMPORARY CONSTRUCTION EASEMENT 5111 Lend 0' Lakes Blvd. Suite 210 Lend 0' Lakes, Florida 34839 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST w ¢ (NOT A SURVEY) ` w Q THE EAST 10 FEET OF LOT 456, o O RIVIERA GOLF ESTATES, AS RECORDED 3 ¢ 2 IN PLAT BOOK 13. PAGES 108.111, OF THE W a PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. li 6- ^ V U co lV 0. w RIVIERA GOLF ESTATES J� w � UNIT 2 erv@ ¢ a P.B. 13, PG. 108 -111 U �O� LOT 456 LOT 455 EXISTING 25' DRAINAGE LIMITS OF EASEMENT (PER PLAT) SUBDIVISION RALlne _ ----------- - - - - -- ------------------- - - - - -- !0' CONSTRUCTION EASEMENT W R/W FOR COUNTY BARN ROAD (CR.266) M EAST PROPERTY LINE & WESTERLY R/W LINE OF COUNTY BARN ROAD (CR 266) LEGEND: R/W RIGHT OF NAY LS LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK R/W LIne PG. PAGE PSM PROFESSIONAL SURVEYOR 8 MAPPER C.R. • COUNTY ROAD �irA m e r i c a n DRANK BY r JCM �W Consulting Engineers of Florida, LINTY CHECKED BY: SP 5111 Lend 0' Lakes Blvd. Suite 210 Lend 0' Lakes, Florida 34839 ZWAX7WgNT OF R4N1vWTA77W DRAWING DATE: 08 -18-05 Phone: (813) 998 -2800 Fax: (813).996-1906 Certificate of Authorization No. 7110 SCALE: I `•30' Joel C. MCGee, P.S.M. No. 0430 EXHIBIT Pap—L ouL TEMPORARY CONSTRU"ON EASEMENT COM "RAllpf�k 1 YEARS FROM f OF CONSTRUCTION) PROJECT Not 60101 PROJECT PARCEL NOR qDa 3 Agenda Item No. 10C September 27, 2005 Page 18 of 87 SHEET I OF 1 30' , LEGAL DESCRIPTION AND SKETCH _ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RMERA GOLF ESTATES WEST PROPERTY LINE UNIT 2 P.B. 13, PG. 108 -111 THE EAST 10 FEET OF LOT 455, RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13, PAGES 108 -III, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. LOT 456 LOT 455 a LOT 454 EXISTING 25' DRAINAGE LIMITS OF EASEMENT (PER PLAT) tZ SUBDIVISION o x R/W Une 10' CONSTRUCTION EASEMENT w ` EAST PROPERTY LINE & WESTERLY R/W LINE OF > RIW FOR COUNTY BARN ROAD (CR 268) COUNTY BARN ROAD (CR.266) LEGENDI R/IIW RIGHT OF WAY LS LAND SURVEYOR LB LICENSED BUSINESS P•8• PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR 8 MAPPER COnc.• CONCRETE H1W Une - P%American DRAWN BY, JCM "FA Consulting Engineers of Florida, LLC CHECKED 8Y� SP 4111 Land O' Lakes Blvd. Suite 210 G .i�Lf� �fJ/V'f7� Land o' Lakes, Flax: ( 13) 9 pgpARTNMV�•OP7Z4A%01ffA7=V DRAWING DATER 08 -18 -05 Phone; (813J 986 -2800 Fax: (813) 996 -1908 Certlfloste or Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 SCALER ["-30' EXHIBIT A pads o— of 1 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCg1P1T OF CONSTRUCTION) Agenda Item No. 10C September 27, 2005 Page 19 of 87 PROJECT NOs 60101 SHEET IOF PROJECT PARCEL N0, 7Dat- 30' LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 .B. 13, PG. 108 -111 THE EAST 10 FEET OF LOT 454. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. LOT 455 R/W Llne WEST PROPERTY LINE I 5 LOT 454 LOT 453 x EXISTING 25' DRAINAGE EASEMENT (PER PLAT) x , mE:rican 'IF- Consulting Engineers of Florida, LLC 4111 Lend O' Lakes Blvd. Suite 210 Lend C' lakes, Florida 34639 Phone: (613) 996 -2600 Fax: (613) 996 -1906 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 L– (0' CONSTRUCTION DRAWN BY, JC14 EASEMENT DRAWING DATES 08.18-05 EAST PROPERTY LINE & w WESTERLY R/W LINE OF COUNTY BARN ROAD (CR 266) R/W FOR r COUNTY BARN ROAD (CR 268) Q LEGEND, R/W RIGHT OF WAY LS LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PG. PAGE PSN PROFESSIONAL SURVEYOR 8 MAPPER Conc.- CONCRETE , mE:rican 'IF- Consulting Engineers of Florida, LLC 4111 Lend O' Lakes Blvd. Suite 210 Lend C' lakes, Florida 34639 Phone: (613) 996 -2600 Fax: (613) 996 -1906 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 COLLAFR ��, ZffPAR7M VT•QF 7RANSplpMAT)ON DRAWN BY, JC14 CHECKED BYs SP DRAWING DATES 08.18-05 SCALES I "•30' EXHIBIT PeBe Il d TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM 'nMMENCE11A9rT OF CONSTRUCTION) Agenda Item No. IOC September 27, 2005 Page 20 of 87 PROJECT NO: 60101 SHEET /OF I PROJECT PARCEL NOt 30' LEGAL DESCRIPTION AND SKETCH -- TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108 -111 THE EAST 10 FEET OF LOT 453, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PACES 108 -111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. LOT 454 WEST PROPERTY UNE W i W LOT 453 LOT 452 r ti (n z EXISTING 25' DRAINAGE 2 EASEMENT (PER PLAT) ------------ - - - - -- — -------------- ----------- _ _T-- -R-1W Line tn W R/W FOR COUNTY BARN ROAD (CR.268) 1.. 9 3 lO'CONSTRUCTION EASEMENT EAST PROPERTY LINE & WESTERLY R/W UN£ OF COUNTY BARN ROAD (C.R.268) R/W RIGHT OF WAY LS LAND SURVEYOR LS LICENSED BUSINESS P.B• PLAT BOOK PC. PACE PSM PROFESSIONAL SURVEYOR 8 MAPPER Conc.. CONCRETE a�2 1 I 1 I.. I I %-,C3 1 I DRAWN BY t JCM Consulting Engineers of Florida, LLC CHECKED BYa SP 4111 Lend O' Lakes Blvd. SuRe 210 C01J.MR CVUN7'y' Phone: Land 813 996-288, Florida 13) 34639 Lq,PARrAfff"OP �AA,I `Wr,A� DRAWING DATE1 08-18-05 ( ) 2800 Fez: (813) 996 -1908 Certificate 0'A u thorizati 0n No. 7f10 Joel C. WeGee, P.S.M. No. 6430 SCALEt 1"-30' Agenda Item No. 10C September 27, 2005 EXHIBIT /) Page 21 of 87 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SHEET 1 OF f PROJECT NOr 60101 30' , PROJECT PARCEL NOt `J00 LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108 -111 THE EAST 10 FEET OF LOT 452. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-111. OF THE NEB PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. PROPERTY LINE j x LOT 452 LOT 453 LOT 451 Q. z EXISTING 25' DRAINAGE x ------- - - - - -- - - -- - -I EASEMENT -PER PLAT) —_ - - - - -- -------- - - - - -� R/W Llne IV CONSTRUCTION EASEMENT H ` EAST PROPERTY LINE & w WESTERLY R/W LINE OF W R/tV FOR COUNTY BARN ROAD (C.R 266) COUNTY BARN ROAD fCR.268) %w — Line-L EGENDS R /W RIGHT OF WAY LS LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR 8 MAPPER Conc.• CONCRETE DRAWN BYr JCM a ` • • ' `° • • `° `� • • CHECKED BY a SP It Consulting Engineers of Florida, LLC GTaL MR �.7.y N 4111 Lend O' Lakes Blvd. Suite 210 Land 0' Lakes, Fioride 34638 D>I€PAR7W8dVT 01P' j]UASPIOIRTAMN DRAWING DATEe 08-18 -05 Phone: (813) 995 -2800 FOX: (813) 896 -1008 Certificate of Authorization No. 7110 SCALES 1"-30' Joel C. McGee, P.S.M. No. 6430 EXHIBIT Psge_._l._, ofd TEMP0RARY ';r'NSTRUCTION EASEMENT ;,1URATION: 3 YEARS FROM ",FFNCEMENT OF CONSTRUCTION) Agenda Item No. 10C September 27, 2005 Page 22 of 87 PROJECT N0: 60101 SHEET IOF PROJECT PARCEL NOs ,7061 r- 30' , LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 / P.B. 13, PG. 108 -111 THE EAST 10 FEET OF LOT 451, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES 108-111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. WEST PROPERTY LINE w S w ti LOT 451 it LOT 452 a LOT 450 x � Z r EXISTING 25, DRAINAGE i EASEMENT (PER PLAT) — — — — _ — _ — — I — ` R/W Une w R/W FOR z COUNTY BARN ROAD (CA M) Une 10' CONSTRUCTION EASEMENT EAST PROPERTY LINE & WESTERLY R/W LINE OF COUNTY BARN ROAD (CR, 268) LcVcnut R/W RIGHT OF WAY LS LAND SURVEYOR LB LICENSED BUSINESS P,B. PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR B MAPPER C.R. COUNTY ROAD (%American DRAWN JCM �FAMI Consulting Engineers of Florida, LLC CHECKED BYt SP 4111 Land 0' Lakes Blvd. Suite 210 CVLL/B,R CVUN77 Land O' Lakes, Florida 34639', , Phone: (8 13) 996 -2800 FaX: (813) 986 -1808 7RAAWWTA77ON DRAWING DATE. 08 -18 -05 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 _ SCALEc 1 `•3D• EXHIBIT Paps d TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Agenda Item No. 10C September 27, 2005 Page 23 of 87 PROJECT NO% 60101 SHEET OF PROJECT PARCEL NOS '70a G 30' LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108 -111 THE EAST 10 FEET OF LOT 450. WEST RIVIERA GOLF ESTATES, AS RECORDED PROPERTY LINE IN PLAT BOOK 13, PAGES 108-111. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. a x W LOT 450 A LOT 451 LOT 449 4 � I y - - -_�_ EXISTING 25' DRAINAGE — EASEMENT' (PER PLOT) _- - -_ - -_ R/W Une W R/W FOR COUNTY BARN ROAD (CR.268) ne IO'CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD fCR.268) LEGENDS R /1W RIGHT OF SWAY LS LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR 8 MAPPER C.R. COUNTY ROAD —"� DRAWN BYS JCM -American "F-.consulting Engineers of Florida, LLC CHECKED Bye SP 4111 Land O' Lakes Blvd. Suite 214 Lend 0.I.kes, Flo ride 34639 CgLLr�R OB,�+,!/P7•,VjUffQp 1R,UVS thgrA7701V DRAWING DATES 08 -18 -05 Phone: (813) 996 -2800 Fax: (813) 996 -1908 Certificate of Authorization No. 7110 SCALES 1'-30' Joel C. McGee, P.S.M. No. 6430 EXHIBIT A P890. of 7 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Agenda Item No. 10C September 27. 2005 Page 24 of 87 PROJECT NOt 60101 SHEET IOF I PROJECT PARCEL NOt 70-� fj 30' , LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) A SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST WEST PROPERTY LINE RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108 -111 THE EAST 10 FEET OF LOT 449, RIVIERA GOLF ESTATES, AS RECORDED I PLAT BOOK 13, PAGES 108 -III, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. LOT 450 V1 x -o rn c Y rn LOT 449 z 0 x v Q m x� C m LOT 447 EXISTING 25' DRAINAGE - - - - -- - - -– EASEMENT (PER PLAT) -- ----- - - - - -- CONSTRUCTION EASEMENT RIW Une /O' CONSTRUCTION EASEMENT IWALr11 I I C l l Cid 1 1 DRAWN BY t JCM ,, 'a1 g consulting 1Land 0'E ak of es Blvd.Sul e Florida, 0 LLC LgLL= COUN77 CHECKED BYt SP Lend O' Lakes, Florida 34639 ZMARTiMIBN7.OF 7R4A0F4%1RTA770N DRAWING DATE* 08 -18 -05 00 Fax: (B 13) ) 9 98 -1908 0 Phone: (813) 996 -2 11 Certificate of Authorization No. 7110 Joel C. MCGea, P.S.M. No, 6430 SCALE: 1'•30' EAST PROPERTY LINE & RIW FOR WESTERLY RIW LINE OF > COUNTY BARN ROAD fCR.268) COUNTY BARN ROAD fC.R.268) (WIDTH VARIES) LEGEND i R/W RIGHT OF WAY LS LAND SURVEYOR 1 a 1 10ENSrn AIMSINFCS P.B. PLAT BOOK RIW Une PC. PAGE — — — — PSM PROFESSIONAL SURVEYORS MAPPER C. R. COUNTY ROAD IWALr11 I I C l l Cid 1 1 DRAWN BY t JCM ,, 'a1 g consulting 1Land 0'E ak of es Blvd.Sul e Florida, 0 LLC LgLL= COUN77 CHECKED BYt SP Lend O' Lakes, Florida 34639 ZMARTiMIBN7.OF 7R4A0F4%1RTA770N DRAWING DATE* 08 -18 -05 00 Fax: (B 13) ) 9 98 -1908 0 Phone: (813) 996 -2 11 Certificate of Authorization No. 7110 Joel C. MCGea, P.S.M. No, 6430 SCALE: 1'•30' Agenda Item No. 10C September 27. 2005 Page 25 of 87 EXHIBIT page_ ,� '� . o(-77- TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT N0: 60101 SHEET _L OF I PROJECT PARCEL NOi ?707 T ` 30' , LEGAL DESCRIPTION AND SKETCH ---'` TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108 -111 �� THE EAST 10 FEET OF LOT 429, WEST RIVIERA GOLF ESTATES, AS RECORDED PROPERTY LINE IN PLAT BOOK 13, PAGES 108-111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. w � x 6 W 4 Z a. LOT 429 y LOT 432 1 LEGENDI R/W RIGHT OF WAY LS LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PG. PAGE R FESSiONAI SURVEYOR 8 "PPER LOT 428 PSM • P 0 EXISTING 25' DRAINAGE C.R. • COUNTY ROAD EASEMENT (PER PLAT) R/W Une _ R/W FOR COUNTY BARN ROAD (CR.268) (10TH VARIES) CONSTRUCTION EASEME IO'CONSTRUCTION EASEMENT EAST PROPERTY LINE & WESTERLY R/W LINE OF COUNTY BARN ROAD (CR.268) !� FDRAWING AWN BYE JCM .American ECKE�BYt P Consulting Engineers of Florida, LLC COLL R comes 4111 Land O' Lakes Blvd. Suite 210 Lend 0. Lakes, Florida 34639 L16PAA 'TALl�NT0P78,!lV,11FgRTA77GN 08-18 -05 Phone: (813) 996 -2800 Fax: (813) 996 -1908 Certificate of Authorization No. 7110 ALEo 1--30' Joel C. McGee, P.S.M. No. 0430 EXHIBIT pap— G j_ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM —)MMENCEMENT OF CONSTRUCTION) Agenda Item No. 10C September 27, 2005 Page 26 of 87 PROJECT N0: 6010[ SHEET IOF I PROJECT PARCEL NO, 70,E u 30' , LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108 -111 THE EAST 10 FEET OF LOT 428, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES 108-111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. LOT 429 LEGENDI R/N RIGHT OF NAY LS LAND SURVEYOR LB LICENSED BUSINESS P.B• PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR 8 MAPPER C•R. COUNTY ROAD ------------ -i----------- - - ---- R/W R/W FOR COUNTY BARN ROAD (C. R M) (WIDTH VARIES) —i` — — _IlConsulting Engineers of Florida, LLC 4111 Land O' LekeS 91 vd. Suite 210 Lend O' Lakes, Florida 34639 Phone: (813) 996 -2800 Fax: (813) 996 -1908 Cartiti cote at Authorization No. 7110 Joel C. McGee, P.S.Ai, No. 8430 Une 444s WEST PROPERTY LINE LOT 428 uj j z a cc W cc a a LOT 427 z x a Ln ° EXISTING 25• DRAINAGE EASEMENT (PER PLAT) CONSTRUCTION iEASEMENT IO' CONSTRUCTION EASEMENT EAST PROPERTY LINE & WESTERLY R/W UNE OF COUNTY BARN ROAD (C.R.268) DRAWN BYi JCM CGLIAM COUN77 CHECKED BYa SP GBPARrXEJvT QF 7RAA%voRTA7701V DRAWING DATE o 08 - 18 -05 SCALES 1'•30' Agenda Item No. 10C September 27, 2005 EXHIBIT Page 27 of 87 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM 1MMENCEMENT OF CONSTRUCTION) PROJECT NO: 60101 SHEET 10F -L PROJECT PARCEL NOr 1'7019 K 30' , LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108 -111 bR l_ 41- THE EAST 10 FEET OF LOT 427, RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108 -III. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. ZwEST PROPERTY LINE � w Lu 4j 0. CL LOT 427 N ti Z LOT 428 LOT 426 — — _ — — EXISTING 2 DRAINAGE — _ EEASEMENT ( (PER PLATT -- CONST RUCT ION 6SEMENT, R/W Une R/W FOR COUNTY BARN ROAD (C.R.M) 10' CONSTRUCTION EASEMENT EAST PROPERTY LINE & WESTERLY R/W LINE OF COUNTY BARN ROAD (CR. ffi8) R/W RIGHT OF NAT LS LAND SURVEYOR LB LICENSED BUSINESS P.B• PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR d MAPPER G.R. COUNTY ROAD rL DRAWN BYi JCM .�^^A^ .'merican. - ��consulting Engineers of Florida, LLC CHECKED BYs SP 4111 Land 0' Lakes Blvd. Suite 210 Land Land O' Lakes, Florida 34639 jWARTAfB1VT or 77PA)VSPQRTA7701V DRAWING DATE= OB• 18 -05 Phone: (813) 996 -2800 Fax: (813) 996 -1908 Certificate of Authorization No. 7110 SCALES 1'-30' Joel C. McGee, P.S.M. No, 0430 EXHIBIT A Page --IL TEMPORARY CONSTRUCTION EASEMENT {DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCT)ON) Agenda Item No. 10C September 27. 2005 Page 28 of 87 PROJECT NO: 60101 SHEET / OF I PROJECT PARCEL NOi �] Oa )r 30' , LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108 -111 THE EAST 10 FEET OF LOT 426, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES 108•III, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. LOT 427 ------------ -4----- - - - - -- _ J R/W Line R/W FOR COUNTY BARN ROAD (C.R.2W) Awamegcan Co7-Ultin9 Engineers of Florida, LLC 4111 Land O' Lekea Blvd, Suite 210 Land 0' Leke c, Florida 34639 Phone: (813) 996 -2800 Fax: (813) 996 -1908 Certificate of Authorization No. 7110 J0e1 C. McGee, P.S.M. No. 0430 -U-LE z J WEST W PROPERTY UNE 9 LOT 426 u) LOT 425 EXISTING 25' DRAINAGE EASEMENT (PER PLAT) CONSTRUCTION ►EASEMENT I0' CONSTRUCTION EASEMENT EAST PROPERTY LINE & WESTERLY RIW LINE OF COUNTY BARN ROAD (C.R.266) R/11 RIGHT OF WAY LS LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR B MAPPER C•R• COUNTY ROAD DRAWN BYs JCM LVLLRR CVLWM CHECKED BYi SP WPARTAIBNT0P7RAN2R1p rAr)MV I DRAWING DATER 08 -I8 -05 SCALEo t'•30' EXHIBIT, TEMPORARY CONSTRICTION EASEMENT (DURATION: 3 YEARS FROM COIAMENCEMENT OF CONSTRUCTION) Agenda Item No. 10C September 27, 2005 Page 29 of 87 PROJECT N0: 60101 U� (� SHEET _L OF I 30' , PROJECT PARCEL NO- LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) C40 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST' w RIVIERA GOLF ESTATES ¢ �" UNIT 2 w P.B. 13, PG. 108 -111 F+ O nA rV THE EAST 10 FEET OF LOT 425. MARSEILLE x RIVIERA GOLF ESTATES, AS RECORDED DRIVE I P- IN PLAT BOOK 13. PAGES 108-111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - EXISTING 25' DRAINAGE- --------------- - - -- � EASEMENT (PER PLATI RIW Une R/W FOR COUNTY BARN ROAD 1CR.268) CONSTRUCTION TEASE14E 0 CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W LINE OF COUNTY BARN ROAD (CR. 268) M/w • R1uNT uUr wn� LS LA SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR B MAPPER C.R. COUNTY ROAD NFAI American CHECK BY1 JCM 47-IConsulting Engineers of Floride, LLC CHECKED BY1 SP 1111 Lend O' Lakes Blvd. Suite 210' Land O' Lakes, Florida 31639 Agpp,�/F7',y &W qP 7pAAispvRrA7MW DRAWING DATE1 08 -18 -05 Phone: (813) 996 -2800 Fax: (813) 996 -1908 Certificate of Authorization No. 7110 SCALEI 1'•30' Joel C. McGee, P.S.M. No. 0430 -WEST W PROPERTY LINE z z tQ LOT 425 w CL F+ O LOT 426 - EXISTING 25' DRAINAGE- --------------- - - -- � EASEMENT (PER PLATI RIW Une R/W FOR COUNTY BARN ROAD 1CR.268) CONSTRUCTION TEASE14E 0 CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W LINE OF COUNTY BARN ROAD (CR. 268) M/w • R1uNT uUr wn� LS LA SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR B MAPPER C.R. COUNTY ROAD NFAI American CHECK BY1 JCM 47-IConsulting Engineers of Floride, LLC CHECKED BY1 SP 1111 Lend O' Lakes Blvd. Suite 210' Land O' Lakes, Florida 31639 Agpp,�/F7',y &W qP 7pAAispvRrA7MW DRAWING DATE1 08 -18 -05 Phone: (813) 996 -2800 Fax: (813) 996 -1908 Certificate of Authorization No. 7110 SCALEI 1'•30' Joel C. McGee, P.S.M. No. 0430 �ieR.�L TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION Agenda Item No. 1 O September 27, 2005 Page 30 of 87 PROJECT N0+ 60101 SHEET IOF I PROJECT PARCEL NOt 70oZ j`( 30' , LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 1 P.B. 12, PG. 110 -111 THE EAST 10 FEET OF LOT 365, RIVIERA GOLF ESTATES, UNIT ONE, AS M�sEIILE RECORDED IN PLAT BOOK 12, PAGES 110 -111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. DRIVE LOT 425 R/W Une R/W FOR COUNTY BARN ROAD (CR. 268) AAmerican Consulting Engineers of Florida, LLC 4111 Land C' Lakes Blvd. Suite 210 Land O' Lakes, Florida 34639 Phone: (813) 996 -2800 Fax: (813) 996 -1900 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 8430 WEST W PROPERTY UN£ z � z LOT 365 Q. x � w GG z' U r EXISTING 25' DRAINAGE f — I EASEMENT (PER . PLAT) .................. CONSTRUCTION +EASEMENT , NYCONSTRUCTION EASEMENT EAST PROPERTY LINE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR.266) LEGENDr Riw RIGHT 0 WAY LS LAND SURVEYOR LB LICENSED BUSINESS P -B• PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR a MAPPER C.R. COUNTY ROAD DRAWN BYi JCM CVLI -= COUN77 CHECKED BYt SP AffPART.MBVT OF 7RANA- WrA7701V I DRAWL NG DATE i 08 -18 -05 SCALEi 1-.301 Agenda Item No, 10C September 27, 2005 EXHIBIT Page 31 of 87 Page aO of TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SHEET IOF I PROJECT NOt 60101 30' , PROJECT PARCEL NO, t70a 0 LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 1 P.B. 12, PG. 110 -111 THE EAST 10 FEET OF LOT 343, RIVIERA GOLF ESTATES, UNIT ONE, AS MARSEILLE RECORDED IN PLAT BOOK 12, PAGES 110-111, DRIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. PROPERTY LINE Zl i z a � LOT 343 � LOT 342 o, ti v EXISTING 25' DRAINAGE EASEMENT (PER PLAT) F -- --------- - - - - -- ----------- - - - - -- CONSTRUCTION EASEMENT R/W FOR COUNTY BARN ROAD (CR. 268) (WIDTH VARIES) LEGENOt Line to, CONSTRUCTION EASEMENT EAST PROPERTY LINE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR. 268) LS LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR B MAPPER C.R. COUNTY ROAD _ R/W Line — — VA DRAWN BYs JCM 1V_ Consulting Engineers of Florida, LLC L11riY CHECKED BYs SP 4111 Land 0' Lakes Blvd. Suite 2f0 Land O' Lakes, Florida 34039 "WAR7)gMff AP iRANS(wrAT70lN DRAWING DATE:• 08-18.05 Phone: (813) 998 -2s00 Fax: (813) 998 -1908 Certificels of Authorization No. 7110 SCALEt 1"-30' Joel C. McGee, P.S.M. No. 8430 Agenda Item No. 10C September 27, 2005 Page 32 of 87 EXHIBIT A Of TEMPORARY CONSTRUCTION EASEMENT (DURATION. 3 COMMENCEMENT CIF COON FjRUCTION) PROJECT N0: 60101 SHEET IOF I PROJECT PARCEL NOt Oa, "30' LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT I P.B. 12, PG. 110 -111 THE EAST 10 FEET OF LOT 342, RIVIERA GOLF ESTATES. UNIT ONE. AS NfARSEILLE RECORDED IN PLAT BOOK 12. PAGES 110 -111, DRIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. L grEST PROPERTY LINE o b Z 2 LOT 343 LOT 342 LOT 341 nY, m EXISTING 25' DRAINAGE EASEMENT (PER PLAT) CONSTRUCTION EASEMENT _ R/W Una IO'CONSTRUCTION EASEMENT EAST PROPERTY LINE & R/W FOR WESTERLY R/W LINE OF COUNTY BARN COUNTY BARN ROAD (CR. 266) COUNTY BARN ROAD (C.R. 268) ROAD (C.R. 268) $ (WIDTH VARIES) LEGENDt . 1i7Up I U LS LAND SURVEYOR LB LICENSED BUSINESS P.B• PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR 8 MAPPER C. R. COUNTY ROAD R/W LIr ` — ArD A m e r i c a n DRAWN BY t JCM 'I`KConsulting Engineers of Florida, LLC CHECKED BYa SP 4111 Lend O' Lakes Blvd. Suite 210 COLLMR COUN77 Land O' Lakes, Florida 34630 ggPARME1 rOF 1RAA5PQVTA77G11V DRAWING DATEr 08 -18-05 Phone: (613) 006 -2800 Fax: (813) 008 -igoa Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No, 6430 SCALEt 1"-30' Agenda Item No. 10C September 27. 2005 Page 33 of 87 EXHIBIT Pe9a o^ a I a TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NOs 60101 PROJECT PARCEL NOt '7oa Q LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 1 P.B. 12, PG. 110 -111 THE EAST 10 FEET OF LOT 341, RIVIERA GOLF ESTATES. UNIT ONE. AS RECORDED IN PLAT BOOK 12. PAGES 110 -111. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEILLE DRIVE �-- WEST PROPERTY LINE LOT 342 LOT 341 \16 z m c r rn SHEET I OF I 30' f LOT 340 EXISTING 25' DRAINAGE_ — — — — � EASEMENT (PER PLAT) CONSTRUCTION EASEMENT \ R/W Une !0' CONSTRUCTION EASEMENT R/W FOR COUNTY BARN ROAD (CR.268) EAST PROPERTY LINE & COUNTY BARN (WIDTH VARIES) WESTERLY R/W LINE OF ROAD (C.R. 268) COUNTY BARN ROAD fCR.268) LEGEND R/W RIGHT OF WAY LS LAND SURVEYOR S I ■ aGSS -- P.B. • PLAT BOOK PG. PAGE PSLt PROFESSIONAL SURVEYOR B MAPPER C.R. COUNTY ROAD R/W Effie — M W DRAWN BYE JCAi r,- Consulting Engineers of Florida, LLC CHECKED BYs SP 4111 Lend 0' Lakes Blvd. Suite 210 4 Lend 0' Lekea, Florida 34639 D"AR7WMff Or TRAJVSww7,A770jV DRAWING DATEt OB- 18-05 Phone: (813) 996 -2800 Fax: (813) 998 -1906 Certificate of Authorization No. 7110 SCALEi 1 `•30- Joe! C. McGee, P.S.M. No. 8430 ■ 9 ��181T� TEMPORARY CONSTRUCi EXHIB�I�T A �/ Page..rLY....G., __2 L. Agenda Item No. 10G September 27. 2005 Page 35 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. ,708 PROPERTY OWNER: nceuw : v l eKE CWB REFERENCE: ^ • 1523 ec 2148 ARFA OF TAKE: 1.575 sa FT t IQ o � 1 coi n' I cc LO O� U CE I o --T —{ ad w Ln I �w { U) { in r °o � ` 2 o d 4 FQ- p �'� Q cr. ■ W �CL .-K cd W a S ° "I ° n + to of CHARLEMAGNE SL1V. TEMPORARYI CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM ° IMENCEMENT OF CONSTRUC " y � w N z t; w cn U O O ,4 CL N W N I � Q QU S 89'0428' E 40.01' LL' uj c� z'- �8 . � N q o� W cc in V w o z v w CE) cr O t7�i Q. L v .,. N Lu 5CL W� N 5� q � 4 O ffl:la z W 0 a 0 z Ll 75.00' S 00"27'15" E L2 21.00' N 8932'45' E L3 75.00' N 00 "27'15' W L4 11.00' S 89 32'45' W PARCEL 708 PROPOSED T.C.E. (1.575 SO. FT. t) PARCEL 808 PROPOSED DRAINAGE AND UTILITY EASEMENT T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION . ;ANJ7- k&GH: SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 70B CLIENT: COLLIER COUP Y fjANSPORT ATION DIVISION ::Wows - ■■■rr - Wow HSR GE GE W. HACKNEY, W.M. N0. 5606 ■■ ■... ■■.r■■ •••••• O�AGS'" ALE:_ 1" = 100' DATE:ALJO -��. 2005 Prolewl■nrl .n`Ineerr. PI•=•r■• land ■un■7crs army. e.�v .ee. too. r.ae tw.�+ nm Nrw s.r:.. et K+oe fm•1•�+ e..+ 7TAWN BY: JAN PROJECT N0.' 8{L1 —CBR +.. e.�a �o .� ■..r. —sm. +m: ■e.e. rv++.e.. R ■I+M lgorw -Noe „ r, y, rrra ■.. u sm w s ■Na r.■ la)� AD N0: 9073 –_5DM FILE NO: 9073 �,�� ()HI^ IT Agenda Item No. 10C °M�f 36 September 2005 p Page 36 o,87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWESTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.), THENCE SOUTH 89'04'26" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL A DISTANCE OF 40.01 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00'27'15" EAST A DISTANCE OF 497.28 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 0027'15" EAST ALONG A LINE 40.00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 75.00 FEET,• THENCE NORTH 8932'45" EAST A DISTANCE OF 21.00 FEET,- THENCE NORTH 0027'15" WEST ALONG A LINE 61.00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 75.00 FEET,• THENCE SOUTH 8932'45" WEST A DISTANCE OF 21.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,575 SQUARE FEET OF LAND MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION LEGAL DESCRIPTION AND SKETCH PREPARED 0.9 We M. � GNOLT ■■ ARRER k U. RUNDAGE.Mc. Pmfessfonel engineers, planner, k land surveyor. C.UW r try aWb M. 700 7"d w u. mo : ■. ►W, n M100 (i1.IM1VT -a111 1M 0--ts: seen C---t seal, aWb M S.W. t/r1ep, n salsa (230)Me -0000 Cerulks" a /rtewlpnw ■... L sax r O 8a ►an (ssaJaM -sam LEGAL DESCRIPTION ANO. •SKZTCH SHEET 2 OF 2 :SCRIPTION: PARCEL 708 - .TENT: COLLIER COUNTY TRANSPORTATION DIVISION BY GEO GE W. HACKNEY, FQG.M. NO. 5606 SCALE: N.T.S. DATE: AUG. 31. 2005 DRAWN BY: JAN PROJECT NO.:8081 —CBR ACAD NO: 9073 —SD708 FILE NO: 9073 EXHIBIT_ Agenda Item No. 1 O September 27, 2005 N� (0_2Z. Page 37 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 500 PROPERTY OWNER: DEAUMLLE LAKE cure REFERENCE. O.R. 142; °O 2149 AREA OF TAKE: 1.110 Sv Fr. t _ _ J I o CHARLEMAGNE BL W. N� h + 0 a of PERPETUAL, NON - EXCLUSIVE a DRAINAGE AND UTILITY EASEMENT o I g v � + Qq N v �� MI °I W CL U g 4 Q x + co Q� "I I 5 0 � I O o; ^ 3 Imp n O <I �O 0 0 JI I rn T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY LEGAL DESCR NUIA NULL ■oo 0 mow a ER & an 0 mom mum UNDAGE wo. Protenloosl engLceen, Planners, land eur eyo� c.O. c.�a awi. m, tow 1.m a ++.a, s.w wMr. n was fwiffriu �.. c—tr sre c.o..m s..4 ww..sa s..fa sww. n euee lmMw -�+ NMI-%. a A.eawf.0- 0— u OW ..A a sea r n'214 sue PARCEL 708 PROPOSED T.C.E. N 8932'45" E 5.00' ti �D4 KLL. w 'l�J�wO � U1w�v1 � 4Z e S 8932 45' W 5.00" P.O.B. N Y C7 (3. WN sc ZD cl� D� S 89'11'52' E 40.01 MHC— NAPLES ESTATES LIMITED PARTNERSHIP O.R. 2476, PG. 2427 IPTION AND SKETCH SHEET 1 OF 2 :EL 808 BY: ' f G 0 . !. HACKN P.S.M. NO. 5606 SCALE: 1' s 100' DATE: AUC 31 2005 DRAWN BY: JAN PROJECT NO.:.8081 —CBR ACAD N0:9073 —SD808 FILE NO: 9073 4 EXHIBIT �-j Agenda Item No. 10C P� 7 September 27, 2005 Page 38 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W); THENCE SOUTH 89'11'52" EAST ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL A DISTANCE OF 40.01 FEET THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 0027'15" WEST A DISTANCE OF 505.44 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 0077'15" WEST A DISTANCE OF 260.00 FEET,• THENCE NORTH 89'32'45" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 0027'15" EAST A DISTANCE OF 260.00 FEET; THENCE SOUTH 89'32'45" WEST A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,300 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. PERPETUAL, NON- EXCLUSIVE DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION AND`SKETCH SHEET 2 OF 2 AND SKETCH PREPARED BY: I DESCRIPTION: PARCEL 808 now NOLI On ■��BER do � WON:l� UNDAGE,_ Professional englneere, planners, k lend surveyor osfre c ob: sm1. sos, sus r.r.em t"'L Mme: Naplm n xis Isu1:6+ -s111 Ir ssso C66�at Ira *Wu lea: sw4 eery., R. x116 (2N)W -Mpt Grllarb .c . um+rum sx >a 1166{ w O 66x r6a Isss)ess -R6W BY: (,tune t W. HACKNEY, RJS.M. NO. 5606 SCALE: N T S, DATE: AUG. 31. ?0055 DRAWN BY: JAN PROJECT NO.:8081 —CBR ACAD ND:9073 —SD808 FILE NO: 9073 Agenda Item No. 10C EXHIBIT P 3c) 6 September 39 2005 Page 39 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 112 PROPERTY OWNER: WOMWERE RAOUCT CLUB PERPETUAL, NON- EXCLUSIVE REFERENCE: O.R. 26 Pc 10e RW RIGHT- OF-MY, DfWNAGE AREA OF TAKE: 0.19 ACRES a APO UTILITY EASEMENT I I � I a rn o LIJ wdQ � I �U� I (3 V, N I 4 � Z 4 I I 0 0 q Q Ln O^ CYNTHIA LANE z 3 �O lD co I�O � IQ �o I Z� UCL + 111 " w^ LO I M I � U (Y w O I I I -dw w° �W + ?w LOT J. 0 I I } RIVIERA GOLD ESTATES O i N UN) T ONE PB 12, PG 110 -111 o O /TRACT "G/ L0r Sao � L P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT -OF -WAY iic i cr_Ai nFSCRIPTION AND SKETCH PREPAF 1141 TAKER ROAD R{ 0 0 II N� W NOTE: BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00.2715" W. LEGAL DESCRIPTfON- AND SKETCH SHEET 1 OF 2 8Y: DESCRIPTION: PARCEL 112 GNOLt •■■■• RBER k ■■■: ■■r■.■ oaeo. RUNDAGE,em. Professional engineers. Planners, k lend surrs7ron C.In_ C. tr, a ka W, V"O T —LU M WE& e«u, M.rw. R wa (saolso� -nip w ce.etr essO C—t s..A. s.�a 0k s..ia en+als. n suss (at o.wn..� w Aauwp.u.. a.a u ssu ..e o assn ►.c (sabee -swa BY: SCALE: 1" :100 DATE: AUD 31. 2005 DRAWN BY: JAN PROJECT NO.:8081 —CBR ACAD NO:,SQ7a-5D112R FILE NO:. 9073 lD U CO O Wor C•i w w° R] o O ES L w 3 o $ PARCEL 712 3 z PROPOSED T.C.E. cn w ?c w PARCEL 112 °o N PROPOSED ROADWAY, DRAINAGE z AND UTILITY EASEMENT (0.19 ACRES .t) N 89'04'26' W 35.01 +32.80 50.00 R P.O.B. I I DEAUVILLE LAKE CLUB O.R. 1523, PG. 2149 NOTE: BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00.2715" W. LEGAL DESCRIPTfON- AND SKETCH SHEET 1 OF 2 8Y: DESCRIPTION: PARCEL 112 GNOLt •■■■• RBER k ■■■: ■■r■.■ oaeo. RUNDAGE,em. Professional engineers. Planners, k lend surrs7ron C.In_ C. tr, a ka W, V"O T —LU M WE& e«u, M.rw. R wa (saolso� -nip w ce.etr essO C—t s..A. s.�a 0k s..ia en+als. n suss (at o.wn..� w Aauwp.u.. a.a u ssu ..e o assn ►.c (sabee -swa BY: SCALE: 1" :100 DATE: AUD 31. 2005 DRAWN BY: JAN PROJECT NO.:8081 —CBR ACAD NO:,SQ7a-5D112R FILE NO:. 9073 EXHIBIT - page I Agenda Item 1 D r�.�„�� September 277; , 2005 5 Page 40 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (ROADWAY, DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY" FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWESTERLY CORNER OF THE WOODMERE RACQUET CLUB AS SHOWN IN CONDOMINIUM BOOK 26 PAGE 108 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE NORTH 00 27'15" WEST ALONG THE EASTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD, (100' R.O.W.) A DISTANCE OF 473.00 FEET,• THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 04'40'43° EAST A DISTANCE OF 475.13 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID WOODMERE RACQUET CLUB, THENCE NORTH 89'04'26 " WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 35.01 FEET TO AN INTERSECTION WITH SAID RIGHT OF WAY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.19 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, PERPETUAL, NON- EXCLUSIVE ROAD RIGHT- OF4%kY, DRAINAGE AM UTXITY EASEMENT LEGAL DESCRIPT4ON AND .SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 112 .■ ■.■ CLIENT: COLLIER COU TRA SPORTAT10N DIVISION :■■■ NOU MHUMARHER k BY: ■■eo.■■ ::::::2JRuN1)AGE,■c E R W. HACKNEY, P .M. NO. 5606 Professional enginsere, planner, k land su yors SCALE: N.T.S. DATE: AUG. 31. 2005 e.n' c..s �" V4, +.00 r. .w T-0. s«w "W n. Was DRAWN BY: JAN PROJECT NO.:8Q81 —CBR —w sw, ww" 103: s. sotisn. n 81ise Isselw ft CaHne4 H �ma.rfrn.. ■w L seµ w O seer w, (saws -am ACAD NO: 9073— SD112R FILE NO:_ 9073 EXHIBIT Agenda Item No. 10C =f 40f September 27. of 87 Page 41 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. � CONSTRUCTIC+N EASEMENT PROPERTY OWNER: w " 4a (DURATION: 3 YEARS FROM REFERENCE.- srrsy° '° o[ �� COMMENCEMENT OF CONSTRUCTION) AREA OF TAKE. AP-4 so FT f l I- WHI TAKER ROAD I I I o AIdQC- a d a J I N Ad w ca U¢N I c� V 2 o z v) aO z i �, W j S^yp N Q4 + 0 z ct CYNTHIA LANE ? m C.1 w Q m 3 Q a PARCEL 112 0 vii PROPOSED ROADWAY, DRAINAGE I AND UTILITY EASEMENT Ct Co S 89'0426" £ 7.73' °' 0 04 31 +. 2, 7 R PARCEL 712 rrvi z% PROPOSED T.C.E. (404 50. FT. t) M I p I U N 04'40'43" W 104.95' U IY S 00'27'15" E 104.48' P. +99.65 y I 80.00 R N 04'40'43" W 67.87' S 89104'26" E 35.01' �w ww Q P.D.C. ++ Lor 3J9 N 4 W I 'z > RIVIERA GOLD ESTATES I I DEAUWLLE LAKE CLUB UNIT ONE , O.R. 1523, PG. 2149 PB 12, PG 110 -111 /TRACT "G/ LOT 340 I T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT NOTE BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00.27'15" W. R.O.W. = RIGHT -OF -WAY LEGAL DESCRLPTION AND .SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 712 SEA CLIENT: COLLIER COUNTY TR-ANSPQRTATION DIVISION GNOU ■uww BY: wwww■ ■•••• HER G 0 W. HACKNEY, P .M. NO. 5605 Rio man iii°■ RUNDAGE aK Pro[e"lonal engineers, plenoere, k lend wurnyon SCALE: 1" _ 100' DATE: AUC. 31. 2005 owiw a.-,p r„u, M. 14" ?, Jkmt s..a, nwu, X= n 2"" /sesNnr -sui DRAWN BY: JAN PROJECT NO.: 8081 -CBR '" .,un -w sm .r . Wd -11„~ . �°i>� Y w r` v- 1su1w -oe ACAD NO: 9073 -SD712 FILE NO: 9073 F—An�B'� Agenda Item No. 10C Pegs p( 7 September 27, 2005 Page 42 of 87 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE SOUTH 89'04'26" EAST ALONG THE NORTHWESTERLY LINE OF SAID PARCEL A DISTANCE OF 35.01 FEET,• THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 0440'43" WEST A DISTANCE OF 67.87 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 04'40'43" WEST A DISTANCE OF 104.95 FEET, THENCE SOUTH 89'0426` EAST A DISTANCE OF 7.73 FEET; THENCE SOUTH 00'27'15" EAST A DISTANCE OF 104.48 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 404 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LEGAL DESCRIPTION a-Nb ;5R €TCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 713 ■■■■■ ■■■■ NOU CLIENT: COLDER COUNTY TRAySPORTATION DIVISION i■ .u■au■ a■ ER k NUM BY.. usu::: UNDAGE an GE W. FeORt4EY, S.M. N0. 5606 Protaulonal angimmrs, Plaanam & land surwyorn cw■ a+V+.� 000. 7/00 iW�■l a.LL MrW M.�, a MGM 1aMn -�u� SCALE: N.T DATE:E�I,S, 31. 2005 '" "°y "° °'"""'..a'w�'", 2 ,L AP � n, 841ft ..w.�... n" ..a En '~` r"° i°*"-1pj DRAWN BY: JAN PROJECT NO.:8Q,A1 —CBR ACAD N0 D7! FILE N 4RZ�� Q: 907,3 EXHIBIT Page --- PERPETUAL, NON. EXCLUSIVE ROAD RQW.IOF -MY, DRAINAGE AID UTILITY EASEMENT Agenda item No. 10C September 27, 2005 Page 43 of 87 SHEET I OF ! PROJECT NOD 60101 25 PROJECT PARCEL NOI 113A LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA FI-. RIPTION - PARCEL 40. 113A 7 FEET OF THE FOLLOWING OESCRI RED LEGEND• RIW RIONT OF RAT L LAID 9IMYETa 10. OF THE S ITWTN 1 a' OF THE ID I M. O L� • LICENSED WUSIIICSS P.R. PLAT I= H. OF SECTION IT. 70MSMIP SO SOYTN. RAMOi P0. PAGE COLLIER COIANTT, FLOWIPA. LESS AND EXCEPTING PSN PROFESSIONAL SUWATOR E YAPPER 1995 FEET TIEKFAF. AND LESS AND EXCVTINC C•R. f:01P17T ROAD THE EAST So FEET AND TIRE SOGTH EO FEET THEREOF. O.R.. OFFICIAL RECORD I I I I I I I I I I I I I I I 1 1 � I I I I I I I I I � I � I I I I I � I I I I I I I I I RM' � 1 NANCY & DELBERT ACKERMAN FOLIO NUBMER 0042744007 O.R 2436, PG. 1913 T-- oW rxcr= EAFFAWWr - -_— —�r --- — — EL" FDT R ' AAW ;'No e LAw COUNTY BARN ROAD Rw '/. OF THE mw % SECTION if (C.R.2 ) NE % OF rHE w % SECTOY n L C.&WE. pWESSOML SWETM AWD RAPPER rLOtbA CERTIP✓C'ATE AM SM � '�� DRAWN By, JCY CHECKED f3TD SP ��- Consulting Engineers of Florid@, LLC �,gR �, I111 Lentl O' LIMPA Bfvtl. SulfP t10 L.Pe o' LARPe, u@rroA +e09 06PA1t771BAT 0, 7RA7 WN DRAWING DATED 08 -10-05 phone: rune fi: ci numorb ilnn ho. 1111) SCALED 1'•50' Agenda Item No. 10C EXHIBEXHIBIT September 27. 2005 IT_ Page 44 of 87 pap-;= TEMPORARY CONSTRUCTION EASEMENT - (DURATIOM: 3 YEARS FRON COMMENCEMENT OF CONSTRv&Tth) PROJECT N01 60101 PROJECT PARCEL NOt 713A SHEET IOF 25' LEGAL DESCRIPTION AND SKETCH - TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA FRIGHT LEGAL DESCRIPTION - PARCEL NO. 7U GHT OF WAY CEENSED BUSSIINESS THE HEST 10 FEET OF THE EAST 50 FEET OF THE FOLLOWING T SM DESCRIBED PROPERTY. E FESSIONAL SURVEYOR B MAPPER THE NORTH 112, OF THE SOUTH 1/2. OF THE NW 1/4. OF NTY ROAD THE NW 114. OF SECTION 17. TOWNSHIP 50 SOUTH• RANGE ICIAL RECORD 26 EAST, COLLIER COUNTY. FLORIDA. LESS AND EXCEPTING THE WEST 1095 FEET THEREFOF. AND LESS AND EXCEPTING I I THE EAST 50 FEET AND THE SOUTH 20 FEET THEREOF. I I I I W£si P9pF1tY1TT I.WE I I I I I I 1 I I I I f I I I NANCY & DELBERT ACKERMAN FOLIO NUMBER: 0042744007 O.R. 2436, PG. 1913 I I I I r� 2y gl V COA'Sr&XT V EASEMENT I ,rijr I r I I 1 PROPOSED R/W u' puaNAOE, diruTr EASEtw I I I f 1 1 — — — -F — — £.T. R/W Uhs _ `ensr Prcmmi WE a cnrAYTM Efa i w/r uwE a� E� Ri1r fat r BAR- Awo fCF. anal C1)UWTi BNW ROAD v% 2M AWOFN VAfWE5/ COUNTY BARN ROAD NW OF THE NW % SECTION 17 (C.R.268) f NE /4 OF THE NW % SECTION !T R/W Una — _ R/W Uae A American DRAWN BY, JCM -WA&T Consulting Engineers of Florida. LLC CHECKED BYt SP 4111 Land O' Lakes Blvd. Suite 210 COLLAR COiJ�� Phone: (113 0' 86 -280, Florida 34638 DEPAJffA�N9, 29t o Fax: (819) 886-1808 RTA7IgIN ORArr1 NG QATEt 08-18-05 Cartilicete of quthorizatfon No. 7110 Joel C. MoGsa, P.S.M. 140. 11430 SCALEi 1' -50• EXHIBIT ftp_,�(p • of 17 PERPETUAL, NON- EXCLUSNE DRAINAGE AND UTILITY EASEMENT Agenda Item No. 1 DC September 27. 2005 Page 45 of 87 PROJECT NOS 60101 SHEET lOF 1 PROJECT PARCEL NOS 813 25' LEGAL DESCRIPTION AND SKETCH DRAINAGE/UTILITY EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGENDI R/W RIGHT OF WAY LS •LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PC. PACE PSN PROFESSIpP4. SURVEYOR B MAPPER C.R. COUNTY ROAD O.R. OFFICIAL RECORD I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I W I I� I I I I I I I I w bmi 1 THE NEST 13 FEET OF THE EAST 40 FEET OF THE FOLLOWING DESCRIBED PROPERTYI THE NORTH 1/2. OF THE SOUTH 1/2. OF THE NW 1/4. OF THE NW 1/4. OF SECTION IT. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. LESS AND EXCEPTING THE WEST 1085 FEET THEREFOF. AND LESS AND EXCEPTING THE EAST 50 FEET AND THE SOUTH 20 FEET THEREOF. NANCY & DELBERT ACKERMAN FOLIO NUMBER: 0042744007 O.R. 2436, PG. 1913 i3' DRANACE AND urtUTY EASEMENT -- —CO9STFLC7A2V EA6EVEVT M!°OSEO RAP LNE -- -- \,VA�rSS�7Trf�MWE1RY RAPE A cr g71/MY (CA 8681 RIM POR =Wry HMV 110A0 CAM WWN VA ESI COUNTY BARN ROAD NW %4 OF THE Nw %4 OF SECTION 17 (C.R.268) ME %4 OF THE NW 1/4 OF SECTION /7 /w Rt IAmerican DRAWN SYs JCM �F- Consulting Engineers of Florida, LLC CHECKED SYR SP 411 f Land 0' Lake3 Bivd. Suite 210 La n 0, Lakea, Florida 34839 G�1./.lRJ1 jWARTMjVm QR 7x4A✓SPORTATW DRAWING DATES 08-t8 -Q5 Phone: (813) 996 -2800 Fez: (813) 996.1908 Certificate of Authorization No. 7110 SCALER ["-50' Jae, C. McGse, P.S.M. No. 0430 EXHIBIT A pg -°_ 3? = PERPETUAL, NON - EXCLUSIVE ROAD RIGHT-OF-MY, DRAINA,. AND UTILITY EASEMENT Agenda Item No. 10C September 27, 2005 Page 46 of 87 PROJECT N01 60101 SHEET iOF I PROJECT PARCEL N01 1138 251 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGENDO R/W RIGHT OF RAY LS LAND SURVEYOR LB U CERSED BUSINESS P•B• PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR B MAPPER I C -R. COUNTY ROAD 0 -R. OFFICIAL RECORD R/W I I I I TEMPORARY COONSTREIL7M £ASEMEi - I I I I COLLIER COUNTY I O.R. 3795. PG. 3094 I I�I I I I 40' PROPOSED R/W I I I I RA0 FOR O"7Y EARN RLUD !6R Zaei 00107H VAW-W I I I I I I I I I �] I I a I I I f IU I I 1 LEGAL DESCRIPTION - PARCEL NO. 1138 THE HEST 40 FEET OF THE EAST 90 FEET OF THE FOLLOWING DESCRIBED PROPERTYO THE SOUTH 20 FEET OF THE NORTH 1/2, OF THE SOUTH 1/2. OF THE NW 1/4. OF THE NW 1.14. OF SECTION I? TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY FLORIDA. NANCY 6 DELBERT ACKERMAN 0 -R. 2136, PG. 1913 COYSTIKCrXW EASEMENT — — — — — — — — p0 LYtaaOACE. l/THlTY EASEMENT pp • �PFWMD Rh LINE AN une Aw %. of THE aw ti OF SEa6v n COUNTY BARN ROAD ME %. OF TlrE aR %. or seamy n (C.R. 268) &I Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd, Suite 210 COLL= CVVN77 Land 13 0' Lakes, Florida 13)99 DEPAR7•alBW AR 7RANS�?TA77W Phone: (8 13) DDB -2800 Fax: (81 J) 996 -f908 Certificate of Authorization No. 7110 Joe( C. MCGea, P.S.M. No. 8430 DRAWN BY* JCM CHECKED 81(1 SP DRAWING DATE* 06 -18 -05 SCALE* 1'•50' EXHIBIT A - - O1.R. TEMPOM T CONR (DURATI� N COMMENCEMENT 011 � Agenda Item No. 10C September 27, 2005 Page 47 of 87 PROJECT NOi 60101 SHEET IOF I PROJECT PARCEL N01 713B 25' _ LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGEND@ R/W RIGHT OF WAY LS LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PG. PACE PSM PROFESSIONAL SURVEYOR a MPE APR I C.R. •COUNTY ROAD I I O.R. OFFICIAL RECORD I 90•TEMPORARY CONSTRUCPION COLLIER COUNTY G.R. 3795, PG. 3094 RAV FOR 0201rrr BARN ROAD ICA Ji>Eb, NWN VARIES) I I I I a `1 b.--. I I I I � I I I I I I I I I `\\ 1 1 "-EAST PROaENY t*E A 1 MESTEAW RIM' LIkE OF C[KaRY BAaI IAlAG fClt EKBR LEGAL DESCRIPTION • PARCEL NO. 71311 THE REST 90 FEET OF T11E EAST 100 FEET OF THE FOLLOWING DESCRIBED PROPERTY@ THE SOUTH 20 FEET OF THE NORTH 1/2, OF THE SOUTH 1/2. OF THE Na 1/4. OF THE NW 1 /4. OF SECTION 17 TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY FLORIDA- NANCY a DELBERT ACKERMAN O.R. 2436, PG. 1913 CONSrRUCTOY EAsrmENT �MOPIOSED d1AIXAGE. UTfLI7T' EASEYEMT �MOPOSEO R11F LAVE _ — R/w Uno Ar V, OF THE MF ti OF SECroy n COUNTY BARN ROAD NE % OF THE SW 'h GF SECTION A (C.F. 268) .I Consulting Engineers of Florida, LLC CULdM COUN77 4111 Lend O' Lakes Blvd. Svlte 210 Land o' Lakas, Fla ride 34639 06PARMEArr aP 7•Ai AWRORTA771 V Phone: (813) 998 -2800 Fax (813) 996 -1908 Certificate of Avthor,Tation No. 7110 Joe, C. McGee, P.S.M. No. e430 DRAMA SY1 XM CHECKED M SP DRAWING DATES 08 -18-05 SCALE@ 1"-50' EXHIBIT A ftPLIL of 7 PERPETUAL, NON - EXCLUSIVE ROAD 1VGHT-OF4MY, DRAINAGE AND UTILITY EASEMENT Agenda Item No. 10C September 27, 2005 Page 48 of 87 PROJECT NOT 60101 SHEET 1OF 1 PROJECT PARCEL N01 114A 30' LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA _LEGEND. R/a RIGHT OF MI LO LICE NEEO RUlIRESS P.1111' - - PLAT s PC. PAGE PSA1 FTROFESSIDEAL SURVEYOR W MAPPER C.R. COUNTY ROAD O.R. OFFICIAL RECORD 1 JOEL r-AVAM PSM LEGAL DESCRIPTION - PARCEL 00. 114A THE EAST OF 27 FEET OF THE FOLLOWING DESCRIKD PROPERTY. THE REST $17.3 FEET OF THE EAST 76T.5 FEET Or THE SOUTH 112 OF THE SOUTH 112 OF THE So 114 W THE SOUTH. SA IM OF SECTION E. TOWNSHIP SO RANGE 26 EAST. COLLIER COUNTY. FLORIDA. LESS A IS FOOT ROAD EASEMENT KONG THE SOUTH EDGE THEREOF. PRDFESSMAL SURVEYOR AND MAPPER I I I I I I I `T I I I wESr PROPEM" UNE I II I I �v I I l I I I I I I W j I I RF`lg Consulting EnGlnRars of Florida, LLC r r 1� FAITH APOSTOLIC CHURCH, INC. 1 t°1 FOLIO NUMBER 00406280000 DRAWING DATE, 08-18 -05 = O.R. 2867, PG. 1415 JI I f I SCALE, 1'•60' I � I 1 I I I I II 1 II I I I I I 1 I I I I /�CONSTROCTOON PRO'OSEd R11F LANE — -- — — — J EASEMENT ___ R' I I ______- __________ ��A'ROF`OSEd MAWAW� . UTILITY EASEMENT I i I R EAST PADPERTY LAFE ! wESTEW Rill LANE OF CUANTY BARN ROAD T.R. ESat b 4 E RnY FOR & SW OF TIRE Sw % SECrAw a COUNTY BARN ROAD VAWM 26111) SE % [R' ME SW % SECriOY 8 ( .R. 269) — RM Uro JOEL r-AVAM PSM PRDFESSMAL SURVEYOR AND MAPPER FLORIDA CfRrATA:KE A%LfM rI.1�American DRAWN BY1 JCM RF`lg Consulting EnGlnRars of Florida, LLC CHECKED BY. $P 4111 L.nd 0• L.A.. 8"d. Suit. 210 Land 0' 6.2110 Fl_. (04028 Phon.� (W OW wof CVIi.= EAE/Ml AWAR , Wr OF 77t4L=NMTA 77gN DRAWING DATE, 08-18 -05 lrl3 C.rlllle.f. 0/ A.fh erlF.110n No. T1 fa A,tD j,.j No 7f fo SCALE, 1'•60' Agenda Item No. 10C September 27, 2005 Page 49 of 87 EXHIBIT TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 COMMENCEMENT OF CONSTRUCTION) PROJECT NOt 60101 SHEET IOF PROJECT PARCEL NOt 714A ` 30' LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA L6GENDt POW RIGHT OF WAY LS LAND SURVEYOR LB LICENSED ROSINESS LICENSED PLAT OM PD. PAGE PSY PROFESSIONAL SURVEYOR B YAPPER C.R. • COUNTY ROAD O.R. • OFFICIAL RECORD I WEST PROPERTY W I I I I I 1 I I LEGAL DESCRIPTION PARCEL N0. T14 I I 1I I THE REST 10 FEET OF THE EAST 50 FEET OF THE I ; ! FOLLOWING DESCRIBED PROPERTYr II I I THE REST 717.5 FEET OF 711E EAST 36T.S FEET OF THE Cal SOUTH 1 2 OF THE SOUTH 14 OF THE SW 1 /4 OF THE II!I SW'1II OF SECTION B. TDAISNIP SO SOUTH, RANGE I �+ 26 EAST. COLLIER COUNTY. FLORIDA. LESS A IS FOOT II gpAD EASEMENT ALONG THE SOUTH EDGE THEREOF. I I � I R FAITH APOSTOLIC CHURCH, INC. I I ! FOLIO NUMBER: 00406280000 : I O.R. 2867, PG. 1415 g I a I l� I I II I -1—J I I I I I I I IO' CONSTRUCTION EASEMENT I I I It I f I II I a, ARA/NAGE. uTIUTY EASEMENT'S �— — - - R/W Ul1e I —E �[A iv1i t or RM tort �iAFIT BM4t 1IOAD ft:A Aw C wlrr BARN Aw i Aaw ANOTH YMeFS1 STY l/4 OF THE SW l/4 SECTM 8 COUNTY BARN ROAD SE %4 OF THE SW %4 SECTOON 8 (CJL 268) IFN A m e ri c a n DRAWN SYt JCM 'IF-IConsulting Engineers of Florida, LLC LtR, CHECKED BYr SP 4111 Land O' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34839 amPAR J$NTOF7R4AW30RTA77OAr DRAWING DATEt 08-18 -05 Phone: (813) 996 -2800 Fez: (813) 906 -1008 Certificate of Authorization No. 7110 SCALEt 1"-60' Joel C. McGee, P.S.M. No. 8430 EXHIBIT Page � PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT Agenda Item No, 10C September 27, 2005 Page 50 of 87 PROJECT NOt 60101 SHEETIOF / PROJECT PARCEL NOt 814 LEGAL DESCRIPTION AND SKETCH DRAINAGE, UTILITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA I I I I I I I I I I YI I _ I i I I 1 I I I cal I I I I I I x I I I II I it I i I la I l� I I I 1 I I I I 1 1 'I I I I I I I I I I �l I I I LECENDI R A RIGHT DF WAY LS LAND SURVEYOR LR •LICENSED BUSINESS P.B. •PL AT BOOR PG. PACE PSY PROFESSIONAL SURVEYOR 8 MAPPER L.R. COUNTY ROAD O.R. OFF I C I LL RECORD NEST PRO-ER7Y UW LEGAL DESCRIPTION - PARCEL NO. 814 THE REST 13 FEET OF THE EAST 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY, THE WEST 317.5 FEET OF THE EAST 367.5 FEET OF THE SOUTH I/2 OF THE SOUTH 1/2 OF THE SW 1/4 OF THE SW 1/4 OF SECTION B. TOWNSHIP SO SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. LESS A 15 FOOT ROAD EASEtENT ALONG THE SOUTH EDGE THEREOF. FAITH APOSTOLIC CHURCH, INC. FOLIO NUMBER 00406280000 O.R. 2867, PG. 1415 IX DRAINAGE & Ur1/JrY EASEMEMT I CONSTRUCTION EASEMENT I !I PROPOSED R/W LINE U 7 — ^ R/W Una EAST I°Yi7�ERTY UNE ! EA.R/N FOR 1YESTERU' R/II' f/NE OF COUNTY AAYY ROAD ICANIO 13YAYTY GARY RAID OX EM) MOM VAMES) SW OF THE SW %, OF SECTIAV 8 COUNTY BARN ROAD R/W lIt1Q ^ _ SE_% OF THE SW %4 OP S£CrlOW 8 (CA. 268) r%iAmerican DRAWN ElYM JCM 'FAWConsulting Engineers of Florida, LLC CHECKED ElYt SP 4111 Lend O' Lakes Blvd. Suite 210 �= �iN77 ,. Land O' L- a, Florida 34839 LW QR 71tAA%9WrA77aV DRAWING DATE, 08 -18 -oS Phone: (Bi3) 996 -2800 Fax: (813) 996 -1908 Certllioale of Authorization No. 7110 Joai C. McGee, P.S.M. No. 9430 SCALEt 1'•60' EXHIBIT page or ROOAD RKW -MYxDRAINAGi AND UTi W EASEMENT Agenda Item No. 10C September 27, 2005 Page 51 of 87 R- LIM &� ILA EASEROACWAT. DRAlNAfR"r Ear. RAW FOR COUNTY BARN AMD (CA. MY 4101017H VARIES) (CIL 268) I GYF/STRUCTlQN EASEMENT rrPRp"D'JED DRAINAGE, UTILITY EASENENT l_— I PRCNOSED RUN LM'E I I I I 3Q Eor EAST' PROPERTY LINE • R wlnui rR "yARk R0.t�0Ef -N. YE01 SW %d OF THE SIN )/* SECTION 8 SE )V4 OF THE SW I/, SECTION 8 SHEET i OF ) PROJECT NO- 60101 PROJECT PARCEL NO, 114B 20' , LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY .Ih�American W�- (NOT A SURVEY) DRAWN BY1 JCN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST Consuiting Engineers of Florida, LLC COLLIER COUNTY, FLORIDA 4111 Land a' Lek** Dfrd. S.R. x10 Land 0' Lek F, P1.11d. 34630 �I DRAWING DATEt OB-18 -D5 Pkon.: (Bl J) //6 -x600 FAY: (613) I /6 -1OOs C ArNlfc.f. o /AUfnoriz.flan No. 7110 r/w]r l MM IDNT OF NAT L L e suRVErON euslESs ,Ls � a • Llgxs[D F.D.. PLAT am Pa. PAGE PSH PNGFEssIONfL sfNIKrGR a MAPPER i C.R. • COUNT7 am q O.R.. OFFICIAL WORD I LEGAL DESCRIPTION - PARCEL NO. 1145 I THE EST 50 F[ET OF THE EAST 100 FEET OF THE ' I I J i 3TH Is T OF THE FOLLOWING DESCRIBED 011'Cf. I ' I PROPERTTr I � 1 I I ti THE EST 317.6 FEET OF THE EAST 767,3 FEET OF THE I I !E SOUTH I R OF THE SOUTH 14 OF THE SP I IA OF THE I I Y SW "' OF SECTION W. TOWNSHIP 50 SWIM. RARGE 21 LAST. COLLIER COUNTY. FL PICA. IJ I I I ' I ' I FAITH APOSTOLIC CHUMN. INC. I I O.K. Yap, P6. 1u5 I MARY IN PC. I I I 0•R: f3T. PG. TfT I I I I I I 1 I T� I I ` 30' PROPOSED R1# � I R- LIM &� ILA EASEROACWAT. DRAlNAfR"r Ear. RAW FOR COUNTY BARN AMD (CA. MY 4101017H VARIES) (CIL 268) I GYF/STRUCTlQN EASEMENT rrPRp"D'JED DRAINAGE, UTILITY EASENENT l_— I PRCNOSED RUN LM'E I I I I 3Q Eor EAST' PROPERTY LINE • R wlnui rR "yARk R0.t�0Ef -N. YE01 SW %d OF THE SIN )/* SECTION 8 SE )V4 OF THE SW I/, SECTION 8 JOEL CA6fEE. ASN f wessom iaMP01I -0 PAfPE11 PU]IInN, EYIR!'c/PE HAf0a7 .Ih�American W�- DRAWN BY1 JCN CHECKED BYf SP Consuiting Engineers of Florida, LLC M 4111 Land a' Lek** Dfrd. S.R. x10 Land 0' Lek F, P1.11d. 34630 ftgLAjr7 ?4 jVr dP rATf17YV DRAWING DATEt OB-18 -D5 Pkon.: (Bl J) //6 -x600 FAY: (613) I /6 -1OOs C ArNlfc.f. o /AUfnoriz.flan No. 7110 SCALEF 1'•40' EXHIBIT A Page 3 of 7 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Aaenda Item No. 10C September 27, 2005 Page 52 of 87 PROJECT N0: 60101 SHEET JOF I PROJECT PARCEL N01 714 B 20' LEGAL DESCRIPTION AND SKETCH - --'�" TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION - PARCEL NO. 714 B THE WEST 52 FEET OF EAST 152 FEET OF THE SOUTH 15 FEET OF THE SW 1/4 OF THE SW 114 OF SECTION B. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. 52' CONSTRUCTION MARTIN ROPPOLO O.R. 657. PC. 797 LEOENDe RM RIONT OF RAY LS LAND SURVEYOR L8 LICENSED BUSINESS P.B. PLAT BOOK PC. PACE PSM PROFESSIONAL SURVEYOR B MAPPER C.R. COUNTY ROAD O.R. • OFFICIAL RECORD TING 50' ROADYAY. DRAINAGE, & UTILITY EASEMENT R,W FOR COUNTY BARN ROAD (C.R. 268) AYIDTH VARIES) COUNTY BARN ROAD I I I I I I 1 I I r� I I I l5' I I 1 1�: c5 u u H�H I � I a I W I I 14 �i I I 11 I r I FAITH APOSTOLIC CHURCH, INC. O.R. 2067. PO. 1,415 —CONSTRUCTION EASEMENT PROPOSED DRAINAGE, UTILITY EASEMENT I ,—PROPOSED R/W LINE I I I R/W Line PAOP£R7Y LINE & RLY R/W LINE OF r BARN ROAD (CR. 268/ SW %4 OF THE SW %4 SECTION 8 SE %4 OF THE SW %4 SECTION 8 f- American DRAWN BYN JCM 'F_WConsulting Engineers of Florida, LLC CHECKED SYN SP 4111 Land 0' Lakes 8) vd. Suite 210 COLLM LYATJN77 Lend o' Lehe0, Elands 13) 34939 Phone: (B 13) 996 -2800 Fax: (819J 996 -1908 DEPARTMBN7• AR 7W AAMPQR7d770N DRAWING DATEI 08 -18 -05 Certificate of Autho r)zatlon No. 7110 Joel C. McGee, P.S.M. No, 6430 SCALEN I'•40_ EXHIBIT A P" - - Of= nMPO0W DRNEWAY RF c T .)R4rW EASEMENT (C. l E'TO& 3 VEA S FROM COMMEN�ra R TiON) Agenda Item No. 10C September 27, 2005 Page 53 of 87 PROJECT Not 60101 SHEET IOF I PROJECT PARCEL N01 714 C 20' , LEGAL DESCRIPTION AND SKETCH TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PROPERTY LINE i J W LEGAL DESCRIPTION - PARCEL NO. 714 C THE WEST 52 FEET OF EAST 152 FEET OF THE NORTH 15 FEET OF THE NW 1/4 OF THE NW 1/4 OF SECTION 17. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. MARTIN ROPPOLO FOLIO NUMBER; 00427320004 OK 657, PG. 797 52 TEMPORARY DRIVEWAY RESTORATION EASEMENT LEGEND. RM RIGHT OF WAY LS LAND SURVEYOR LB LICENSED BUSINESS P.O. . PLAT BOON PG. PAGE 13, PSM • PROFESSIONAL SURVEYOR B MAPPER C.R. COUNTY ROAD O.R. OFFICIAL RECORD IW I ERISTING 50' ROADWAY, DRAINAGE �•-1 d UT/L/TY EASEMENT I I I I � 1 TR R/W L1ne f -EAST PROPERTY LINE & R/W FOR WESTERLY R,,W LINE OF COUNTY BARN ROAD (C.R. 268) COUNTY BARN ROAD (C.R. Z68) o AWIDTH VARIES) COUNTY BARN Rona NW %4 OF THE NW %4 SECTION 17 (C.R. 269) NE I/4 OF THE NW /4 SECTION 17 i � I I C I `Ji l al �I �I o: I I I GI '1 I I 1 I I I I -- I f I II jSA,yAmerican DRAWN BYt JCM r-VConsUlting Engineers of Florida, LLC GAR, CHECKED BYE SP 4111 Land 0' Lakes Blvd. Sulte 210 Land O' Lakes, Florida 34639 ARJPAR?'AIZNrOF 77PA1WDIRTA770W DRAWING DATES 08 °18-05 Phone: (613) 966-2800 Fax: (813) 696 -1908 Corti /icats or Authorization No. 7110 SCALEI 1 "•40• Joel C. MoGee, P.S.M. No. 6430 EXHIBIT // Pag&`- orb FEE SIMPLE INTEREST Agenda Item No. 10C September 27. 2005 Page 54 of 87 PROJECT NOT 60101 SWET / of I PROJECT PARCEL NO. 115 50, , LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SECTIOT 7 SECrDN a WEST PMPERN UNE PAR • RIGHT OF WRIT is : LICEW SURKR WAINESS P.B. • PLAT BOOK PO. PACE PSY PROFESSIONAL UMMYOR s IMPPEB C.A. . COUNT' ROAD 0. R. OFFICIAL RECORD Pgdro5E0 RM FlRDI'iDSED R1w LINE £F. RM' Fp7 ODINTY BARN 'no (CA. 2W) M'IOIN VARIES/ --- W1111COIsult ing Engineers of Florida, LLC 1111 Lend O' L.k.e Blvd. SUIIe 210 Lend O' Lake., Florld. 31039 Ph o..: 10131 090.2000 F— (013) ase.,ad. Cart /fleet. of Autkorl.et /on No. 7110 THE ZEST SO FEET Or T 100 FEET OE THE WORTH 112 OF THE SOUTH 1 Z THE SW I N OF THE SR .14 OF SECTION S. TOWeSNIP SO tOUTN, RANGE 73 EAST. COLLIER COlN1TT. FLORIDA, TOGETHER WITH THE SOUTH 10? FEET OF T REST ISO FEET OF TIE EAST 550 FEET OF THE WORTH , OF TIE SOUTH I R OF THE SW IM O THE Se 114 OF SECTION e, TOWNSHIP SO SOUTH, RANGE 25 EAST, COLLIER ICOUNTY. FLORIDA. f I I 1 11 II �I I' I' I' 1L f 1 1, II 11 II f� 11 II r I l 1 r 'r -EAST PROPEftrr LINE i WESTERLY Er. RM LAME OF sir % vnHE so 1K � e L COUNTY BARN ROAD s•E ti Or TW AF A SECTD. a (C.R 268) "L GNM.EE. PSY PROFESSCINAL SWNEVOR AND YAPPER FL&MDA CEMAFCCATE N6 ND DRAWN BT. JCY CV1.L= CVVN77 I CHECKED BT, SP ABPAR77AWr Me 71E4AW%WTA77E71V DRANING DATE, 08.18 SCALE, 1'•100' E=XHIc,,(H`Q�Y Agenda Item No. 10C BIT 1 September 27. 2005 pd� R ✓7 Page 55 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 718A AND 7188 PROPERTY OWNER: WDODMFRE RAOUET CLUB REFERENCE: 4,81 7891, PG 459 AREA OF TAKE: 1,140 So FT + TOTAL ¢ o t � � I Q II m N wg��J^' �^ fYmN V5dd x I O I +8*21 0 to Z N z 50. I Q 4. UN 0 W I + Qp I 04 I Lu er 8 �a QN- 3 YS FROM CONSTRUCTI �► ENCEMENT OF N) g I LK a qN I B. U O 0 I � z O 1 � I -.I N 0 o¢a � w'6 a ICE N I f d 6 + N n P.O.C. = POINT OF COMMENCMENT P,0.8. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY ■■■■■ Nola ■■■o■■• ■■ BER k iii si RUNDAGE wa Protesslonel en`ineer r r c. , planner, Y lend suryo CA" e a emw sso. n T-M. " ,.. rww+ n "Its ise.r)ss.V s -9111 �/r mo .d ew ..n. sop i "in, w-Mw aMa..a .e r.n.w.u.e ■— u sew w a sew 7— IaM■•-2010 OF COUNTY BEARINGS UNTY ARE ENG N 00-27-15- SURVEY EL1NE LEGAL DESCRIPTION ACID ,SKETCH SHEET 1 OF 2 BY: /_d OR GE E W.'HACKN P.S.M. N0. 5606 SCALE: 1" _ 80' DATE: AUG. 23, 2005 DRAWN BY: JAN PROJECT NO.: 8091-03S ACAD NO:9073 —S0718 FILE NO: 9073 0 00 U to I II m N wg��J^' V5dd J 3 I CL +8*21 4� a QUO � J �wC4 � Q 4. W I 41 c9 TEMPORARY ? I CONSTRUCTION EASEMENT J QN- 3 YS FROM CONSTRUCTI w ENCEMENT OF N) +3 LK a O 50. B. U Q l.i a0 ti U J I � z O 1 .rnQ z OF COUNTY BEARINGS UNTY ARE ENG N 00-27-15- SURVEY EL1NE LEGAL DESCRIPTION ACID ,SKETCH SHEET 1 OF 2 BY: /_d OR GE E W.'HACKN P.S.M. N0. 5606 SCALE: 1" _ 80' DATE: AUG. 23, 2005 DRAWN BY: JAN PROJECT NO.: 8091-03S ACAD NO:9073 —S0718 FILE NO: 9073 try o U to +8*21 4� U 50. Q 4. C1 +3 LK O 50. B. U . L 71BA O z a � o c� +21.19 PARCEL 7188 w U 50.00 R 3 PROPOSED T. C.E. -j (160 SO. FT. t) o +tf.f9 L5 N 5o.00'R P. 0 PARCEL 7188 3 P.O.C. I Nµ O I JJ�fE L1dE IA9LE I-ENO �Ili BEARIN O N L 1 29.88' N 00'4247" W z L2 10.00' N 00'42'47' W L3 10.00' S 8942'47" E z L4 10.00' S 00'4247" E O L5 10.00' N 8942'47' W U L6 111.02' N 00'42'47" W I (� L7 52.01' N 00'42'47' W L8 20.00' S 8942'47" E I L9 52.01' S 00'42'47" E W I L10 20.00' N 89'42'47" OF COUNTY BEARINGS UNTY ARE ENG N 00-27-15- SURVEY EL1NE LEGAL DESCRIPTION ACID ,SKETCH SHEET 1 OF 2 BY: /_d OR GE E W.'HACKN P.S.M. N0. 5606 SCALE: 1" _ 80' DATE: AUG. 23, 2005 DRAWN BY: JAN PROJECT NO.: 8091-03S ACAD NO:9073 —S0718 FILE NO: 9073 EXHIBIT A Agenda Item No. 10C Pam L7 ( September 27, 2005 °�° !� Page 56 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA CONSTRUCTION �� EASEMENT (DURATION: 3 YEAR FROM ROM MENCEMENT OF CONSTRUCTION) LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "A ") A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 00'4247" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 150.90 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'42 '47' WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 52.01 FEET THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE SOUTH 89'4247" EAST A DISTANCE OF 20.00 FEET,• THENCE SOUTH 00'42'47" EAST ALONG A LINE 20.00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 52.01 FEET,• THENCE NORTH 89'42'47" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,040 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, AND LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "B ") A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2820, PACE 469, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 29.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 10.00 FEET,• THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE SOUTH 89'42'47" EAST A DISTANCE OF 10.00 FEET,• THENCE SOUTH 00'4247" EAST ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 10.00 FEET,• THENCE NORTH 89'42'47" WEST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 100 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTIOt ' LEGAL DESCRIPTION AND .SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCELS 716A AND 7188 ■•■ ■• CLIENT: COWER COUNTY.' AN P TA V167N DIVISION NOLI ■•v ■o ■■ ■•■■■ ER do BY: ■• ■.■■ ■■vr■ GEO GE -W. HACKNEY - P.S.M. N0. 5606 ou■■ UNDAGE,■c - Premlonal anQlneen, planners, k land surTeyon SCALE: N.T.S. DATE: AUG_ 23. 2005 OWN- 0-1.7 aw- on. w o Tdm w s. P-m Lass. n eNa (tea ." -sm w a—t awl. mom jai e.w. w.fiao. n "in s�a�.wo DRAWN BY: JAN PROJECT NO.:8081 –CBR o.u•.N..r �.orY.u• Pa n eex .ee s au sm rs}a_aa ACAD N0: 9073 –SD718 FILE NO: 9073 EXHIBIT PERPETUAL, NON - EXCLUSIVE ROAD RIGHt- OFJMY, DRAINAGE AND VnUTY EASEMENT Agenda Item No. 10C September 27, 2005 Page 57 of 87 PROJECT NO$ 60101 SHEET ) OF I PROJECT PARCEL NOr 119A -1 SO' , J LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA L— RIO Uro PW % of 00 Sri 11, of SkWan B 213. RAF FOR NE %- Of 0- Sri 1/a It SOCO-1 5 WEST PROPERTY ME 6 COUNTY BA" ROAD (CAE 21551 EASTERLY RAF UNE OF 4VMFN YAR(ESI C"rY BARN ROAD 1C.R. 21551 UrXlrr EASEMENT RAY 41WE LEGAL DESCRIPTION • PARCEL NO. IIIA•I THE EAST So FEET OF THE PEST 100 FEET Or THE FOLLOWING DESCRIBED PROERTTI THE SOUTH i n OF THE SOUTH 112 OF THE HE I H THE SW 114 SECTION S. TOIINSHIP 50 SOUTH. RANG 26 EAST. COLLIER COUNTY. FLORIDA. IEGHLAND PROPERTY OF LEE & COLLIER FOLIO NUMBER 00403160000 O.R. 1200, PG. 199 ;a �g LEGEND, AA/ RIONT ORF WAY LAND L6 L CENSED WSI-ESS F.S. RAT BOON P0. . PAGE PSN FNOFESSIONU SURVEYOR S WPPER C.P. COUNTY ROAD O.P. OFFICIAL PECOT 26$) �I .ALL GASEE, PSN PROFESSAVAL SURVEYOR AND LI•WPEIP FLORIDA CERTIF9:AT£ N6 8130 American DRAWN JCM I(IALICo n sultlnD EnDINPers of Florlds, LLC M , CHECKED BYs SP 1111 Long O' Lakes Blvd. Suit- 210 Land 0' Lakes, Plorldr 31639 /IMPAR77196Nr Or 77PA11APATrA770V DRAWING DATEI 08.18 -05 Pkon -: fs19) 999_2600 E-r' fC13) 996.1906 Cortllle-t- or AYth- lzaNan Nd. 71 10 SCALE I '•100' EXHIBIT A P80-Aa of PERPETUAL, NON- EXCLUSIVE ROAD RIGHT-OF-My, DRAINAG. AND UTAJ7Y EASEMENT Agenda Item No. 10C September 27, 2005 Page 58 of 87 PROJECT N01 60101 smEEr r OF L PROJECT PARCEL NOr 119A -2 50_, LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA R/W Ulr AM nw LYJURTT flow" R/W EZSrW DRARACE, UrVrr EASEMENT r — — — — THE EAST SO FEET OF THE KE T IOU FEET OF THE HORTH 1 Z OF THE $1 114 OF THE HE 1 IA OF THE 59 IIe OF SEC rIOH 1. rORNA 10- 50 SOUTH. RANDS li EAST. COLLIER COUNTY. FLOR DA. LESS THE NORTH 70 FEET THEREOF. Q LE_ OEMD. R/R LIGHT OF WAY LS •AND SURVEYOR LR LIEERffD IUSIRE" R.S.. PLAT ROOK PD. PACE PSN PROFESSIONAL SURVEYOR S WPPER C.R.. COUNTY ROAD O.R.. OFFICIAL RECORD .-I 0 CJ g ° to ea o W N et = Q °o C7 � � a W O d ap0 �O w G _.._ —.I R/W U. COUNTY BARN ROAD (C.R. 268) wl O UI I I I I I I I I I JOEL r *GEE. PSN w % d f e SW %. or Seaton 8 PROFESSEIRAL SWErOY4 AVD YAPPER r1t7A0 ICA 90) APE r hYF —w 17, 7 wiw 0 FLORIDA CERTIFICATE Rn,5e70 VARfES1 —W£Sr PROPERTY LIRE A DRAWN BY, JCM CRneulting EnglnsRn of FlorIOA, LLC EASTERIT RAT' LAVE Or CHECKED BY. SP 41ff Lend 0' Lek— Vivo. Suite 210 Leno O' LAker, FferfOe 74e79 Phone: (1119) ppe -21100 Eer: (1117) ppe•1p0e LLKEVI AeRN ROAD ICJT. P6OI DRAWING DATE, 00 -10.05 Cetf /Ileete or Authot1—flen N0. 7110 PROPOSED R/W LAVE THE EAST SO FEET OF THE KE T IOU FEET OF THE HORTH 1 Z OF THE $1 114 OF THE HE 1 IA OF THE 59 IIe OF SEC rIOH 1. rORNA 10- 50 SOUTH. RANDS li EAST. COLLIER COUNTY. FLOR DA. LESS THE NORTH 70 FEET THEREOF. Q LE_ OEMD. R/R LIGHT OF WAY LS •AND SURVEYOR LR LIEERffD IUSIRE" R.S.. PLAT ROOK PD. PACE PSN PROFESSIONAL SURVEYOR S WPPER C.R.. COUNTY ROAD O.R.. OFFICIAL RECORD .-I 0 CJ g ° to ea o W N et = Q °o C7 � � a W O d ap0 �O w G _.._ —.I R/W U. COUNTY BARN ROAD (C.R. 268) wl O UI I I I I I I I I I JOEL r *GEE. PSN PROFESSEIRAL SWErOY4 AVD YAPPER FLORIDA CERTIFICATE Rn,5e70 American DRAWN BY, JCM CRneulting EnglnsRn of FlorIOA, LLC CHECKED BY. SP 41ff Lend 0' Lek— Vivo. Suite 210 Leno O' LAker, FferfOe 74e79 Phone: (1119) ppe -21100 Eer: (1117) ppe•1p0e C?'LLW CPVN77 AWAR 7AIENr• DIP 7JL4JYS ORPA?%MV DRAWING DATE, 00 -10.05 Cetf /Ileete or Authot1—flen N0. 7110 SCALE, 1'•100' Agenda Item No 10C September 27, 2005 EXHIBIT 14 Page 59 of 87 = PERPETUAL. NON - EXCLUSIVE ROAD RIGHT- OFJMY, DRAINAGE AND UTIUTY EASEMENT PROJECT NOL 60101 SHEET _L OF I PROJECT PARCEL NOF 1196 50• l LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA RM UA- COUNTY BARN ROAD AS, '/4 d rn Sw ti ar Sadlan a EF. RM FOR (4 68) NE Y. of rql Sri V. of Sa7lan a _ COARY BAN ROAD ICR. 2611) NEST FMPERTY LINE R INWH VARrESI EASTERLY RM LWE OF _- I ,(IpUN� EYISThNO DRMNAGE. I UTRR1' EASENENr �_ I 50' PROPOSED RM �1 LEGAL SCRIPTION - PARCEL NO. 1196 THE E T 50 FEET OF THE NEST 100 FEET OF THE FOLL ING DESCRIBED PROPERTY, THE IN 30 FEET OF THE WORTH 14 OF THE SR 1 /4 THE WE I M OF THEN 1 M OF SECTIONS. T IP SO SOUTH. RANGE 36 EAST. COLLIER COUNT . FLORIDA. Lnn I UI � I I I OI z a C LEGEND, R/R NIGHT OF RAY Lf L fIRYEYpI LB LICENSED BUSINESS P.B.. PLAT ROOK PG. PACE PSM PROFESSIONAL SURVEYOR B HAPPEN EAST PROPERTY LANE C.N.. COUNTY ROAD O.R. OFFICIAL RECORD JOEL C.MOGEE. PSN PROFESSIONAL SEMEYOR AND YAPPER FLORW CEWNWA-E NA 6430 � QVAmerican Englneen DRAWN BY- JCM WI Consultlnq o1 Florida, LLC CHECKED BY. SP 4111 Land O L-kaa Blvd, SUlfa 310 ri'/jim CMIN l Land 0' Laku, Florida 346311 V&PAR7AWNr OP 7FAIyppgR7A7XW DRAWING DATE- 08.16 -05 Phone' (613) 996.2#00 Fa (013) 0ee -1006 Carflfl -t. of AUfkor/ratlnn No. 7110 SCALE- 1'•100' Agenda Item No. 10C September 27, 2005 &f1l8rr Page 60 of 87 FEE SIMPLE INTEREST PROJECT NOT 60101 SHEET IOF I PROJECT PARCEL NOT 119C 50, , LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL OESMIFTION • PARCEL N0. 1ITIC THE EAST SO FEET OF THE NETT 100 FEET OF THE FOLL011110 DEURIKO PROPERTY. THE SOUTH 112 OF THE NORTH I R OF THE RE 114 OF THE S. I N SEC710H S. TGNISHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNFY, FLw11OA. II -j— Ex. COUNTY BARN ROAD AM % d we sw or SPd/m d Ca MYV�SAM 1CR 2M (C.R. 263) d SNd/m ea REST PR0°EA, LRFE S EASTERLr " LINE OF _ _ C'WMrr BARN ROM ICA. ZM PIN, UN zmii�� EY15T1AG DRAINAGE. UTIUrr EASENfE#r AM LN1E COLLIER COUNTY FOLIO NUMBER: 00403440005 O.R 1001, PG. 825 -828 LEGEND, AM RIGHT OF .AT L6 iluR SUAVE DD BUSINESS TO i.e.. FLAT 5GOR PG. PACE PS-1 PROFESSIONAL SURVEYOR S MAPPER C.R. COUNTY ROAD D.A. OFFICIAL RECORD x JWL "06CE.ISTr PYOilE5som SUYErOR Alp YAmER /ILRROA CERTA'AME NA&M I'V American DRAWN BYN JCM "IFAMICO eUltlnp EnOln.— of FlorlaN, LLC CNEtKEO Br- SIR Land 0• L.k#s Blvd. S.H. 710 cuum caeuv77 L.na o• LINPN, FronoN 7�6eR n3Tdk774WM OF lXAAMA3RTA73QV DRAWING DATE- 08-10-05 Ohons: fP17J PPB -ie00 FPT: fH 9) PPe -'P06 C.rHNa.l. Pf Author /r. flon NP. 7110 SCALE- 1'•100' EXHIBIT PaDe.�, a Agenda Item No. 10C September 27, 2005 Page 61 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST oo�� COLLIER COUNTY, FLORIDA PARCEL NO. IM PROPERTY OWNER: MICHAEL & RUTH HUGHES REFERENCE: O.R. 2218 Pc 1409 _ o AREA OF TAKE; 0.20 ACRES t O 524 BROADWAY COMPANY, L.P. I O.R. 1072, PG. 875 I 524 BROADWAY COMPANY, L.P. O.R. 1245, PG. 902 o I o I W MICHAEL & RUTH HUGHES O.R. 2218, PG. 1409 C 0 m PARCEL tao PROPOSED R.O.W., DRAINAGE AND UTILITY EASEMENT (0,20 ACRES f) •RPETUAL. WW- I:XCLL VE 25.00' 0 RIGHT -OF -WAY. DRAINAGE AND UTILITY EASEMENT o O i o� �0. � d- � � o 0 N 7 O o P.O.C. = POINT OF COMMENCMENT P.O.B. = P0INT OF BEGINNING R.Q.W. = RIGHT -OF -WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: %wilnvj " I o■rrER rrrmans NDAGE,I.c. Prcleastonal engineers, planners, k land sur y0ri C.gl.r r.eetr. aids. 000. 7400 T.W.es WO, 11w*1 g.N.t. 7Y uloe (Ig /ltt7 -goes W C.—tr "so C...eat R-C swu 101: U.M. gtrlly4 n M1gg (Me1141 -0000 C.rum.t. er A.l .A"U.a a.a ra et/4 ns 10 1414 tm (mg)et -macs Il N W U LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 BY: GEORGE W. HACK Y, P.S.M. NO. 5606 SCALE. 1" a 1O0' DATE: MAY S. 2005 DRAWN BY: JAN PROJECT NO.:8081 -CSR ACAD N0:9073 -50110 FILE NO: 9073 UO I N I 4 � O O O {I •34.33 ;0.00 R I 3 W z CIO 03 Q [V m I z � �- ►n o Z N �03 ( 0 z w^ )W 3` O �o +96.74 O I 15D.00'R Z � COPE LANE o U O { I rn CL I rn Ad I I I o ^ �wul� I O LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 BY: GEORGE W. HACK Y, P.S.M. NO. 5606 SCALE. 1" a 1O0' DATE: MAY S. 2005 DRAWN BY: JAN PROJECT NO.:8081 -CSR ACAD N0:9073 -50110 FILE NO: 9073 EXHIBIT Agenda Item No. 10C Pay° Of September 27, 2005 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 00 LEGAL DESCRIPTION (ROADWAY, DRAINAGE AND UTILITY EASEMENT) ALL THAT PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THAT PARCEL RECORDED IN OFFICIAL RECORDS BOOK 2218 PAGE 1409 PUBLIC RECORDS OF COLLIER COUNTY,• CONTAINING 0.20 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; pERpETUAL, NON - EXCLUSIVE ROApMo tMUiY EASEMENT THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY WHO +Is. GNOLI ore■ 11111 ARBER k ■rru■ 111111 RUNDAGE,me. Prolesstonal enatn"ro. planners, h lend surveyors Cesar ao5tr. emu 200, 7400 r.mfamt 7san. Na.ea: N.rW, n seise (884)5v7 -ettt t.. c—tri ns0 c—ut Raaa, era. toe, semta stems., n s4tso (*54)444 -5408 arnnaat, 0 iwnee..uaa raa to 4594 . , so sue r— (ess)ees -vise LEGAL DESCRIPTION AN.;,5KETCH SHEET 2 OF 2 :SCRIPTION: PARCEL (ap �' GEORGE W. HACKNeY, P.S.M. NO. 5606 SCALE: N.T.S. DATE: MAY 6. 2005 DRAWN BY: JAN PROJECT NO.:8081 —CBP ACAD NO:9073 -SD110 FILE NO: 9Q73 Agenda Item No. 10C September 27, 2005 EXHIBIT Page 63 of 87 PIe , ofd PERPETUAL, NON- EXCLUSIVE ROAD RIGHT-OF-MY. DRAINING; AND UTILITY EASEMENT PROJECT NOf 60101 SHEET / OF I PROJECT PARCEL NOI 121 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION - PARCEL N0. 121 THE VEST SO FEET OF THE EAST IDD FEET OF THE FOLLOWING DESCRIUD FRDFEOTT. THE NORTH 25 FEET OF TPE SWIM In OF THE IMTH I OF INK M I N A THE SW IN OF SECTION E, TOMMIP So SOUTH. 26 [AST. GF THE PIIRLIC RECORDS OF COLLIER C TT. FLMIOA. I WILLIAM & LETICIA PILGER FOLIO NUMBER: 00404080008 1 O.R. 3216, PG. 913 I I i 1 I WEST PROPERTY UNE I I b b I I xx W W I � � I st I I _ ; I I � � I I I u• I EA•IS'TMG DRAINAGE. PROPOSED RAY LIRE UTILITY EASEMENT - � I RnF RAY Uro '- -- �� -- -- "S' PROPERTY LINE A _ _ EASTERLY RAF LINE LIT COUNTY BARN RaW X.R. 26W NO % OF THE SW %. OF SECFANT N COUNTY BARN ROAD e COV ROM frR. ZW NE OF THE SW %. OF SECrOV R (C.R. 268) R IOMrK VARIES) RAY Uro R/W Uro E� O[!1DI i "All • aMTSDaRYEwhy LE LICENSED MgRINESS F.D. PLAT 8ME PG.. ►AGE PSM PROFESSIONAL SURVEYOR D MAPPER C.R. CMUTT MM O.R.. OFFICIAL RECORD JOEL C.MWEE. Jaw PROFESSIGWA. SURVEFOR AND MAPPER FLORIDA CERTIFICATE Nn.64M ri'ANiAmerican DRAWN Sri JCM 4FM'f Consulting Dlnoaro of Florida, LLC LGIfJ,81EGWNTl CHECKED BYf SP DRAWING DATE- 08 -18 -05 ,En 4111 Land 0• Laka. N)Pd. 3010 210 Land 0- L.koP, Pln.rda D.DOP MPARTAr W OP TRAAMRV*rA77WN Phona: (ATS) -2 go F..: (of") dP0 -1 P08 SCALE, 1'•100• C.rHlf..r. of A PIkorld.flon Na, Tiro EXHfBIT� pe Agenda Item No. 10C September 27, 2005 Page 64 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST PARCEL N0. COLLIER COUNTY, FLORIDA /p'�t� _ PROPERTY OWNER: 524 BROADWAY COMPANY L.P. REFERENCE: 9.R. l2as._ Pc 902 p AREA OF TAKE: O.tD ACRES f O o O FRANCISCO & 0, ELIZABETH LOVOS O.R. 3440, PG. 0260 524 BROADWAY 0 COMPANY, L.P. ++ O.R. 1072, PG. 875 m I RPETUAL, NON - EXCLUSIVE I D RIGHT -OF -WAY, DRA N M AND LMLITY EASEMENT +3. f PARCEL Q Q --, PROPOSED R.O.W., DRAINAGE AND UTILITY EASEMENT (0.10 ACRES t) 524 BROADWAY o COMPANY, L.P. �+ O.R. 1245, PG. 902 4O 25.00 MICHAEL & RUTH HUGHES O.R. 2218, PG. 1409 0 0 co w P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY ■N ■■ ii° GNOLI :00:1 ■ ■ ■ ■■■■■ ARBER Ac iiiiii UNDAGE,4m. professional engineers, planners, k land sur"yors a.m.. c Ir- 4m- 101, 7440 T ri— Trd1, a..ta; 4q1 «. n 64146 (6171167 -fits sr Ce4atp 6n1 C—.t e.". sw mu; esw4 pma. n 44134 (66)M -wee =..t. si Aeth -1-U— ss.. U 4641 u0 ss 1661 F : (UP)MOO-nos --s I II N Q OO z31 c� o m� 4 � C1 O I 3 v I LEGAL DESCRIPTION At z - ooCN U0� N O 4 U ID SKLTCH SHEET 1 OF 2 8 Y: GEO E . HACKNEY, .M. NO. 5606 SCALE: 1" a 100' DATE:. MAY 6. 2nns DRAWN BY: JAN PROJECT NO.:80 @1 —CBR ACAD NO:9073 -3D1D9 FILE NO: 9073 3 I J XO CL n o UO I z I v •- �N I Q R J Fr N 15 Q OO z31 c� o m� 4 � C1 O I 3 v I LEGAL DESCRIPTION At z - ooCN U0� N O 4 U ID SKLTCH SHEET 1 OF 2 8 Y: GEO E . HACKNEY, .M. NO. 5606 SCALE: 1" a 100' DATE:. MAY 6. 2nns DRAWN BY: JAN PROJECT NO.:80 @1 —CBR ACAD NO:9073 -3D1D9 FILE NO: 9073 EXHIBIT__„__ Agenda Item No. 10C September Pagk L O Z ( Pie 65 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL U& LEGAL DESCRIPTION (ROADWAY, DRAINAGE AND UTILITY EASEMENT) ALL THAT PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THAT PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1245 PAGE 902 PUBLIC RECORDS OF COLLIER COUNTY,• CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT IPTION AND ■rRr■ "mom 0 NOLI oro ■urr ARBER & rror■ our■ rrurr UNDAGE,aa Prefesslonel engineers, planners. k lend eurvayors c.IDrr caemr. $wt. too, TAao T.Wnel T,.U, earth: n.p1.r. R euae (SHI597-0111 W N.etf: "" cra.eet s..a, seib Iasi eawt. 4A.e., n ettas (wMce -sees c'"weat. of Aether!"U a Ib.. [a sees .ae IS $eN T.a: ea /lees -sees LEGAL DESCRIPTION _SCRIPTION: PARCEL F�"' b,SKETCH SHEET 2 OF 2 BY: GEORGE W. ACKNEY, P.S.M. N07 5606 SCALE: N.7.5. DATE:, MAY 6. 2005 DRAWN BY: JAN PROJECT: NO.:8OB1 —C9R ACAD NO:_y 7= Sb109' FILE N0: 9D73 EXHIBIT Agenda Item No. 10C �j ,.,t September 27, 2005 Peg@-�.1.,. o Page 66 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST PARCEL N0. )o23 COLLIER COUNTY, FLORIDA PROPERTY OWNER: 524 BROADWAY COMPANY L.P. O O REFERENCE: O.R. 1972. Pc B7 II AREA OF TAKE: 0.10 ACRES t N� w ' J v U rn In FIRST HAITIAN I I ALLIANCE CHURCH w PROPOSED R.O.W., DRAINAGE O.R. 2735, PG, 2800 3 13 AND UTILITY EASEMENT �Q (0.10 ACRES t) { ck� + N Or 524 BROADWAY gyp, O U � FRANCISCO & I �, ELIZABETH LOVOS ,RPETUAL, NON- EXCLUSIV@.R. 3440, PG. 0260 0 ID R'GHT- OF-My. DRAINAGE z AND UTILITY EASEMENT 1 PARCEL Ii 9 50.00'R w PROPOSED R.O.W., DRAINAGE 3 w AND UTILITY EASEMENT (0.10 ACRES t) { ck� cc 524 BROADWAY gyp, 0 w COMPANY, L.P. y a O.R. 1072, PG. 875 w 25.00' _ J 314 I 524 BROADWAY COMPANY, L.P. o I I O.R. 1245, PG. 902 + I I M I a - _ I MICHAEL & RUTH HUGHES O.R. 2218, PG. 1409 0 0 0 l �o n olry P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = BIGHT -OF -WAY LEGAL DESCRIPTION- THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCEL 1 -02 iiii NOLl ■uu ■n■■ �iRBER do ■■■�r,■ 000 UNDAGE,a.a. Professional engineers, planners, & land surveyor c.er.r C—tr. ftlU aoa, vaoe r..r.� ar.u, s..ra; nnr.., n urea (asa)On -aur u. u CIUM asaa c.o..u, s..a, ema roar s.maa e'rles•, n urea praapae -ease run..r..t auw.rrua.e ■... rs eau ..a ss asu r,s: psspse -uoe COUNTY TRi B �R �Q U� U� �04 N �a 4cs �Lo In ti N u1� od ct 00 N 00 L I :Z�! oC3 �CL _l q O� O SKETCH SHEET 1 OF 2 GEORGE W. HACKNE.Y,`P.S.M. NO. 5606 SCALE: 1" = 100' DATE: MAY 6. 2005 DRAWN BY: JAN PROJECT NO.:8081 -CBR ACAD NO:9073 —SD105 FILE NO: 9273 - EXHIBIT Agenda Item No. 10C Faye '6q Oi September 27. 2005 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 1a3 LEGAL DESCRIPTION (ROADWAY, DRAINAGE AND UTILITY EASEMENT) ALL THAT PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THAT PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1072 PAGE 875 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AID UMTY EASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 PHIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCEL ror■ CLIENT: COLLIER COUNTY TRA.A 'SP,ORTA -nON DIVISION iiii GN0u RUlt ■rrr! BY:.' reru ■rron HER k E, H NEY,`P.S.M. NO. 5606 rrrr■ urrr■ ■■rrr■ UNDAGE,ea SCALE: K. bATE-,•MAYL,20D5 Professional enablers, planners, k lend surveyors cams comtn saf. sob, rase TawsaN r..e, rube xaN«, n saw (s90)e9•f -sfif DRAWN BY: -JAN PROJECT NO.:8081 —CBR Lie Ceaetn 9906 600990% Me" tueo wq sera t~, n suss (nf -9090 ACAb - NO: X073-- ,SD10B FILE NO: 9073 ceru w of Awtheewaw vim Ir 0044 tat rs 900 rwt It 90 -as E. =X% , H. I B T 'j_' of Of PERPETUAL, NON - EXCLUSIVE ROAD RIGHT-OF- WilkY, DRAINAGE AND UTILITY EASEMENT Agenda Item No. 10C September 27, 2005 Page 68 of 87 PROJECT NOR 60101 SHEET IOF I PROJECT PARCEL NOT 124 50' LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL KSa1►TION • PARCEL NO. 124 THE EAST $9 FEET OF THE REST 100 FEET OF IRE FOLLONINO DESCRIBED PMKRTTI THE NORTH 112 OF IRE NORTH 112 OF TIE HE 114 OF TIE SR I/4 OF SECTION A. TOWNSHIP SO SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA. -_ I _J RM FDR ,NI yo or RN Sir % or SK*m d MOTH VARIES) r 1 ME a Or Me SN r Sdkn d r S �NEST PROPERTY LAME A EASTERET RAF LINE OF �£l/ST/MG DRAAVAOE. — UTILITY EASEMENT PROPOSED R/M LIME m S s a a ROBERT & PATTY FLICK \ w FOLIO NUMBER: 00402920005 O.R- 2560, PG. 2301 as LEGEND, LS Li11�UTSURVEiOR LB LICENSED ■OINESS P.B. PLAT BOON PG. PAGE PSM PROFESSIONAL SURVEYOR s VAPKII C.R. COUNTY ROAD O.R.. OPr ICI AL RECORD KwA, filTler I c a n DRAWN BY. JCY RI/-I Consulting Engineers of Florlds, LLC CHECKED BYR SP 4111 Land 0' Lakes Bova. Suite 210 CZLL R COUN77 Lend Co' 6-280 PI-Id. A.: (13) P LWBPARMIEW 47P 7X4JV5PI'ART.S7AW DRAWING DATE, DO-18-05 Peon.: Leta oPL t.., P• 3.11 ODe -iWOe Grtrrlc•te Pt AOReorlasli•n No. 7110 SCALER 1 -• 100' EXHIBIT (0 Page& of Agenda Item No. 10C September 27, 2005 Page 69 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANCE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. f a15 PROPERTY OWNER: FRANCISCO do ELIZABETH LOVOS REFERENCE: O.R. 5440. P0. 0250 AREA OF TAKE: wD AcRES t O O II N FLORIDA APARTMENT +40.62 AND UTILITY EASEMENT— CLUB NAPLES $ FRANCISCO & + 3 ° O.R. 2852, PG. 1054 1 I O,R. 3440, PG. 0260 r + o z PARCEL GR - w c PROPOSED R.O. W., DRAINAGE ►mod � FIRST HA177AN I c ALLIANCE CHURCH +72.62 b O.R. 2735, PG. 2800 o j� O RPETUAL, NON- EXCLUSP4 1 v r,D RIGHT -OF -WAY, DRAI +40.62 AND UTILITY EASEMENT— 5o.00'R $ FRANCISCO & + 3 ° ELIZABETH LOVOS m O,R. 3440, PG. 0260 r PARCEL GR - w c PROPOSED R.O. W., DRAINAGE z AND UTILITY EASEMENT (0.10 ACRES t) 25.00' +72.62 cn nn'c I 524 BROADWAY o I COMPANY, L.P. + O.R. 1072, PG. 875 0 f 524 BROADWAY COMPANY, L.P. O.R. 1245, PG. 902 P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT -OF -WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: • M !' woo NOLI ■rrrr rsw�■ ■��r■ BER do s0su�• UNDAGE... Professional engineers, planners, k land surwyors 8"abr C —tn /alb 000. !WO fukm TM, sally ay1.", rL "M (009)007 -8111 in aw au .f .use saw.. Is s.4 -4 o ' ti sa (ass)w-5643 Ssa I I $ I I 00 00 x CL 4 cri UO 2 O >) N O Q4 d '8(0 u') t.. N o6 a w J U LEGAL DESCRIPTION ANQ SKETCH SHEET 1 OF 2 SCRIPTION: PARCEL :OUNTY TRANSPUR -rams +,, roialury B Y: GEO W. ACKNEY S.M:. NO. �5606 SCALE: s 100 DATE: MAY B. 20D5 DRAWN BY: JAN PROJECT No.:B081 -CBR ACAD N0:907,' DS 107 FILE NO: 2M EXHIBIT_ Agenda Item No, 10C Page, Of-2L September 27, 2005 D-,..., 7n ..t o7 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL Ja,s LEGAL DESCRIPTION (ROADWAY, DRAINAGE AND UTILITY EASEMENT) ALL THAT PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THAT PARCEL RECORDED IN OFFICIAL RECORDS BOOK 3440 PAGE 0260 PUBLIC RECORDS OF COLLIER COUNTY,• CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: fu■■■ ae� GNOLT ■■■■■ rn■■ ARBER & ii UNDAGE,fuu. Proteeelonal eneneem planners, k lend w n yore o.m.f a aV, SWU 20, 1404 T—A.m r..a, w.en, 140- n "I. (M)OW-1111 f.. e..ae,:..w o... *r . e.lf. fun ■..is 4e W+. n .41M (n. -MM C.rWM.f..f A.Owfuaw ft.. fa IM W Y MN rm (p.1M! -MM LEGAL DESCRIPTION AND .SKETCH SHEET 2 OF 2 :SCRIPTION: PARCEL Id,5- BY: GEO GE W. HACKNE P.S.M. N0. 5606 SCALE: N.T.S. DATE: MAY B. 2005 DRAWN BY: JAN PROJECT NO.:8081 -CBR ACAD N0:9073, SD107 FILE NO: 2073 Agenda Item No. 10C September 27, 2005 HIBIT Page 71 of 87 PERPETUAL, NON - EXCLUSIVE ROAD R'1: -IT-OF -ANY, DRAINAGE ANT. ,.UTILITY EASEMENT PROJECT NOI 60101 SHEET IOFj PROJECT PARCEL NOT 126 50, , LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Rny SV 'b or /M AR %a o1 Sedbn d COUNTY BARN ROAD Moo jbill 4 0 (C R- 268) ARDTII VARIES) REST PfiWeRFY LINE B EASTERLY RIY' LINE or COUNTY BARN 01C2AD CA. Edell PRQ'OSED " LINE RIPTION PARCEL NO. 126 CAST 0 FEET K THE BEST 100 PELT K iNE 7L.ING DESCRIBED FROPERTTN THE SOUTX 112 OF THE SE I A of THE NB 114 of IW SECTION e. TOUIF Bo "TH. RANK 26 EAST. COLLIER COUNTT. FLORIDA. CHARLES R KELLER FOL10 NUMBER 00402960007 O.R. 444, PG. 31 KNOW RICO OF MAT LS LAND WINSTON ICEND BUSINESS LB L SE P. a. FLAT BOOK PC. PAGE FEN PROFESSIONAL. SUIITETON A MAPPER C.N. • COUNTT ROAD U.N.. OFFICIAL RECORD EAST PROPERTY LINE ,)DEL CAW& rsr PWLrSSVFAL SURVEYOR AND YAPPER FLOW CEftrmq TE ML6m relAmerican DRAIN BYN JCM "FAW Consulting Engineers of F10110e, I CHECKED BYN SP 4111 Land 0• Lokn Blvd. Salta 210 Land 0• Lakov, Florida 3442E COW" ZIMARTAMW OF 7ZIAMWORTAMN DRAWING DATE. 06-18.05 Phone: (413) 44a.2E00 Pax: 1413) 444.140E Certificate of Aatacnaallon No. 7110 SCALET 1--100' EXHI BIT Z.__ Agenda Item No. 10C September 27, 2005 Page 6_3 of Page 72 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANCE 26 EAST PARCEL NO. COLLIER COUNTY, FLORIDA f��y _ PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES MATCHUNE REFERENCE: D.R. 2552. Pc 1054 SEE SHEET 2 OF 3 AREA Or TAKE: .1.30 A(;RES ± 0 u� 11 N� G] V (n PERPETUAL, NON - EXCLUSIVE ROAD RIGHT-OF-My, DRAINAGE AND UTILITY EASEMENT V �l W 4 2 mo J U o 4 g cl: N Q. �U O O � co C, w zz w °vl"i D �l3wa rn y. U Q- -22 a¢ a � FIRST HAMAN ALLIANCE CHURCH O.R. 2735, PG. 2800 P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT -OF -WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: OURN GNOM ■o■■ o■■■ ARDER & i EXHIBIT, Page- of-2& Agenda Item No. 10C September 27, 2005 Page 73 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST PERPETUAL, NON - EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUTY EASEMENT COLLIER COUNTY, FLORIDA PARCEL NO. 1911 N PROPERTY OWNER: FLORfDA APARTMENT , S CL CLUB REFERENCE: O.R. 28 52. NAPLES PG 1054 COUNTY BARN ROAD AREA OF TAKE: 1.30 ACRES t W� STA. 117 +30.67 - DAVIS BLVD. U I STA. 128 +82.50 O 126 +00 128 +00 II 130 +00 132 +00 u'1 in N 4 DAWS BOULEVARD 1 N = (S. R. 84) (75' R. 0. W. ) Cc q C) �.i Q 06 � O O ° Q O :81 +� +nl PERPETUAL, NON - EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUTY EASEMENT WO 0 0 zz -H + �3tquw o a U�� O CN 'Q z � I � O — n CL U 41 I ¢ z 4 z_ w a ¢cr`o 3 I 0Ucr 0 z � I w I .� Ip O N P.O.C. = POINT OF COMMENGMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT –OF –WAY IIS LEGAL DESCRIPTION AND SKETCH PREPAR + 14 O MATCHUNE a SEE SHEET 1 OF 3 Q wo LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 now - - -_ Mo N0i1 ;i ARDER k GE R E W:' AACKN P.S.M. NO. 5606 "No* slum o■ uui0r UNDAGE.arc. SCALE: 1" 150 DATE: MAY 6. 2005 Profeealonal engineers, planners, k lend surveyors aamw Omeyi WU Roo, 7400 tamlamt 7741, s.7w, sgin, n same (m)NOT-Bill DRAWN BY: JAN PROJECT NO.: {,�Q$1--CBR �iaw.m.d;: a.Mais0w0..ea Q m s1 n 4s0 (n � e" 0 nes ACAD NO: 9073— SD105A FILE N0: 9073 I U N N , S CL QL W� U I � II Q- 01 in N ` 1 C>r Cc q C) Q 06 O WO 0 0 zz -H + �3tquw o a U�� O CN 'Q z � I � O — n CL U 41 I ¢ z 4 z_ w a ¢cr`o 3 I 0Ucr 0 z � I w I .� Ip O N P.O.C. = POINT OF COMMENGMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT –OF –WAY IIS LEGAL DESCRIPTION AND SKETCH PREPAR + 14 O MATCHUNE a SEE SHEET 1 OF 3 Q wo LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 now - - -_ Mo N0i1 ;i ARDER k GE R E W:' AACKN P.S.M. NO. 5606 "No* slum o■ uui0r UNDAGE.arc. SCALE: 1" 150 DATE: MAY 6. 2005 Profeealonal engineers, planners, k lend surveyors aamw Omeyi WU Roo, 7400 tamlamt 7741, s.7w, sgin, n same (m)NOT-Bill DRAWN BY: JAN PROJECT NO.: {,�Q$1--CBR �iaw.m.d;: a.Mais0w0..ea Q m s1 n 4s0 (n � e" 0 nes ACAD NO: 9073— SD105A FILE N0: 9073 .� Ip O N P.O.C. = POINT OF COMMENGMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT –OF –WAY IIS LEGAL DESCRIPTION AND SKETCH PREPAR + 14 O MATCHUNE a SEE SHEET 1 OF 3 Q wo LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 now - - -_ Mo N0i1 ;i ARDER k GE R E W:' AACKN P.S.M. NO. 5606 "No* slum o■ uui0r UNDAGE.arc. SCALE: 1" 150 DATE: MAY 6. 2005 Profeealonal engineers, planners, k lend surveyors aamw Omeyi WU Roo, 7400 tamlamt 7741, s.7w, sgin, n same (m)NOT-Bill DRAWN BY: JAN PROJECT NO.: {,�Q$1--CBR �iaw.m.d;: a.Mais0w0..ea Q m s1 n 4s0 (n � e" 0 nes ACAD NO: 9073— SD105A FILE N0: 9073 P.O.C. = POINT OF COMMENGMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT –OF –WAY IIS LEGAL DESCRIPTION AND SKETCH PREPAR + 14 O MATCHUNE a SEE SHEET 1 OF 3 Q wo LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 now - - -_ Mo N0i1 ;i ARDER k GE R E W:' AACKN P.S.M. NO. 5606 "No* slum o■ uui0r UNDAGE.arc. SCALE: 1" 150 DATE: MAY 6. 2005 Profeealonal engineers, planners, k lend surveyors aamw Omeyi WU Roo, 7400 tamlamt 7741, s.7w, sgin, n same (m)NOT-Bill DRAWN BY: JAN PROJECT NO.: {,�Q$1--CBR �iaw.m.d;: a.Mais0w0..ea Q m s1 n 4s0 (n � e" 0 nes ACAD NO: 9073— SD105A FILE N0: 9073 EXHIBIT_ P8 /.J; of ,hey Agenda Item 7, 105 ; _[,(�„ September 27, 2005 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL "1,97 LEGAL DESCRIPTION (ROADWAY, DRAINAGE AND UTILITY EASEMENT) ALL THAT PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THAT PARCEL RECORDED IN OFFICIAL RECORDS BOOK 2852 PAGE 1054 PUBLIC RECORDS OF COLLIER COUNTY,• CONTAINING 1.30 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL, NON - EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT L DESCRIPTION AND SKETCH PREPARED BY: f ■��■ �� GNOLI vvvu■ BER & uu. UNDAGE,m j Profeeelanel englneerv, planners, & lend vur yon Coon C.®V, vea. ae, '1409 Toed -W dew, x'140, 31.93+, n 041M (M) nr -aiu 3-- c—tr. as a- a-t lb.l. w4 in; s--t. spHa, n a4sw �avIN9 -an anon «d. -r i.13 -1 -td.. u.w IN wa .es ve vas rm avl)9vw9 -van LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 y [0L BY> ' � G ACKIV Y, P.S.M. NO. 5606 SCALE: N.T.S. DATE: MAY § 2005 DRAWN BY: JAN PROJECT NO.: 8=—CM ACAD NO:9073— SD105A FILE NO: 9073 EXHIBIT Agenda Item No. 10C , September 2005 -.� , Oof n Page 75 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 777 PROPERTY OWNER: n nRIDA APARTMENT MATCHUNE CLUB NAPLES REFERENCE: O.R. 207 PG. 1034 �—SEE � SHEET 2 C AREA OF TAKE: .%34 ACRD f - -- ,1'71 1 -I (iON6TRUCT10N EASEMENT (DURATION: 3 YEARS FROM (L IMENCEMENT OF CONSTRUCTION) Z 0`0 n 1 � 0 CL. 4 r �~ z(L S LINE TA BL W o LIME LEMGIH 9EdRIN Ln Li 25.01' N 89 34'58' W 1>r 00 L2 10.00' S 8956'53' W Q N L3 56.22' N 00'43'31' W Q CE L4 2.00' N 89'16'29' E O L5 5.00' S 89'3239' W ¢ h L6 65.00' S 89 16'29' W o z L7 82.00' S 00'43'31' E O L8 49.00' N 8996'29' E co n q 3 L9 43.00' S 00'43'31' E °f N 00 5.00' N 89'16'29' E i W r L11 14.00' N 89"16'29' E VOj $ Qx� z Qd� 44R } O phi R 0 FIRST HA177AN ALLIANCE CHURCH O.R. 2735, PG. 2800 SEACREST SCHOOL INC. O.R. 3219, PG. 2683 U � 4 „p1 N Z Q 1 0.. rE I �- + g to 1 k z_� �° I �za g ° I R; 2 0to qZ►�j p { O � I c� I wl W � d m o w to x 4 I Li 1 v1 CU (o� wv fig I �(Y +o K 4 I I VO I I T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT N07L- BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'4331" W. R.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION AND. SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727 Mvw!' CUENT: COLLIER COUNTY ANSPORTATION DIVISION M : NOL . . BY: : RR k ■ 0 GE-W. HACKNEY P.S.M. NO. 5606 ■::s:z s mass UNDAGEMm 31. 2005 Protesslonel enitnsers. Planners. k land surveyor SCALE:.. 1" :150' DATE:AIIS• emr e.,,y, s.a. n0. +ass r wsa w a. *.ft s.W.. ti "'es few -ul' DRAWN BY: JAIL PROJECT NO.: 9QR1 —CBR r Aetb -k u- x- n w� -4 s on" ~ s`ft. mews -ssos ACAD NO, 9D 73 —SD727 FILE NO. 9073 U W `� M LM to Nz tlii 3 o w maw J N CL I0 z a I TEMPORARY (iON6TRUCT10N EASEMENT (DURATION: 3 YEARS FROM (L IMENCEMENT OF CONSTRUCTION) Z 0`0 n 1 � 0 CL. 4 r �~ z(L S LINE TA BL W o LIME LEMGIH 9EdRIN Ln Li 25.01' N 89 34'58' W 1>r 00 L2 10.00' S 8956'53' W Q N L3 56.22' N 00'43'31' W Q CE L4 2.00' N 89'16'29' E O L5 5.00' S 89'3239' W ¢ h L6 65.00' S 89 16'29' W o z L7 82.00' S 00'43'31' E O L8 49.00' N 8996'29' E co n q 3 L9 43.00' S 00'43'31' E °f N 00 5.00' N 89'16'29' E i W r L11 14.00' N 89"16'29' E VOj $ Qx� z Qd� 44R } O phi R 0 FIRST HA177AN ALLIANCE CHURCH O.R. 2735, PG. 2800 SEACREST SCHOOL INC. O.R. 3219, PG. 2683 U � 4 „p1 N Z Q 1 0.. rE I �- + g to 1 k z_� �° I �za g ° I R; 2 0to qZ►�j p { O � I c� I wl W � d m o w to x 4 I Li 1 v1 CU (o� wv fig I �(Y +o K 4 I I VO I I T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT N07L- BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'4331" W. R.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION AND. SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727 Mvw!' CUENT: COLLIER COUNTY ANSPORTATION DIVISION M : NOL . . BY: : RR k ■ 0 GE-W. HACKNEY P.S.M. NO. 5606 ■::s:z s mass UNDAGEMm 31. 2005 Protesslonel enitnsers. Planners. k land surveyor SCALE:.. 1" :150' DATE:AIIS• emr e.,,y, s.a. n0. +ass r wsa w a. *.ft s.W.. ti "'es few -ul' DRAWN BY: JAIL PROJECT NO.: 9QR1 —CBR r Aetb -k u- x- n w� -4 s on" ~ s`ft. mews -ssos ACAD NO, 9D 73 —SD727 FILE NO. 9073 J TEMPORARY 0 FIRST HA177AN ALLIANCE CHURCH O.R. 2735, PG. 2800 SEACREST SCHOOL INC. O.R. 3219, PG. 2683 U � 4 „p1 N Z Q 1 0.. rE I �- + g to 1 k z_� �° I �za g ° I R; 2 0to qZ►�j p { O � I c� I wl W � d m o w to x 4 I Li 1 v1 CU (o� wv fig I �(Y +o K 4 I I VO I I T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT N07L- BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'4331" W. R.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION AND. SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727 Mvw!' CUENT: COLLIER COUNTY ANSPORTATION DIVISION M : NOL . . BY: : RR k ■ 0 GE-W. HACKNEY P.S.M. NO. 5606 ■::s:z s mass UNDAGEMm 31. 2005 Protesslonel enitnsers. Planners. k land surveyor SCALE:.. 1" :150' DATE:AIIS• emr e.,,y, s.a. n0. +ass r wsa w a. *.ft s.W.. ti "'es few -ul' DRAWN BY: JAIL PROJECT NO.: 9QR1 —CBR r Aetb -k u- x- n w� -4 s on" ~ s`ft. mews -ssos ACAD NO, 9D 73 —SD727 FILE NO. 9073 T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT N07L- BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'4331" W. R.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION AND. SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727 Mvw!' CUENT: COLLIER COUNTY ANSPORTATION DIVISION M : NOL . . BY: : RR k ■ 0 GE-W. HACKNEY P.S.M. NO. 5606 ■::s:z s mass UNDAGEMm 31. 2005 Protesslonel enitnsers. Planners. k land surveyor SCALE:.. 1" :150' DATE:AIIS• emr e.,,y, s.a. n0. +ass r wsa w a. *.ft s.W.. ti "'es few -ul' DRAWN BY: JAIL PROJECT NO.: 9QR1 —CBR r Aetb -k u- x- n w� -4 s on" ~ s`ft. mews -ssos ACAD NO, 9D 73 —SD727 FILE NO. 9073 EXHIBIT Agenda Item No. 10C �n�] September 27, 2005 ��--b of Page 76 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PARCEL NO. 727 PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: Q.R. 2852, PG 1054 AREA OF TAKE: CR o.3a AES t 126 +00 128+00 o DA WS BOULEVARD (S.R. 84) (75' R.O. W.) FLORIDA COUNTY BARN ROAD STA. 117 +30.67 e DAMS BLVD. STA. 128 +82.50 130 +00 132 +00 N =- J - -+ o U � h o ^ I 0o of to w I N TEMPORARY I ISTRUCTKM EASEMENT °o a w S a $RATION: 3 YEARS FROM + O (CEMENT OF CONSTRUCTION) `! N Q I J 3 l¢ ^ 1 rr LLI O 3 J o cr O O tY 4 `tom Q I UO q O �o o N a- N O I I?a N N� ci 0 1 4 Q� g 00 �Qw 3 q0 O QQ-o W 3 WW 0QZQ mx 4¢ n n 3 rc:p z cc: o °o z LINE TABLE LLIE LEND BEARIILG r Li 25.01' N 893458" W g L4 cS L2 10.00' S 89'56'53" W + L6 ca L3 56.22' N 00'43'31" W p a o L4 2.00' N 89'16'29" E v I L5 5.00' S 693239" W ^ L8 ^ w e^ L6 65.00' S 89'16'29" W i{ n N U L7 82.00' S 00'43'31" E ^ ~W a L8 49.00' N 89'16'29" E 4't L10W ; L9 43.00' S 00'43'31" E W U 0 Q ` Zia, L10 5.00' Lr1 14.00' N 89'16'29" E N 89 *16'29" E 8 Q � n n$ a SEACREST SCHOOL INC. Q. a° g o z I O.R. 3219, PG. 2683 SEE SHEET 1 OF 3 T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT NOTE: BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'43'31" W. R.O.W. = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727 ■■■■■ CLIENT: COLLIER COUNTY TR NSPORTATION DIVISION :::� GNOU : "*ss� BY: '1'1'1'1'1 ARHSR k °NNs URU NDAG GE R A KNEY, P. G. NO. 5606 �',',wc Pratenlonal engineers, planners, k land surveyors SCALE: 1" a -150' DATE:AUG. 31, 2005 CAMW ernsy: awe. NO. +we i.WrM Ivan, w.eas s.w.. n Miss (M)en -sere DRAWN BY: JAN PROJECT N0.:8081 —Cf3R i.. c5sen w .. ease be-ee se, now in: 84 aa 5e5 mpruw% n 84115 fawlee - C.rwl . 0 �.u.w�ue P- is w84 —1 s ssu Men cenIne -aw ACAD N0: QQ73- 50727A FILE N0: 9073 EXHIBIT Agenda Item No. 10C Page Ind � i7 September 27, 2005 — I11 11� ( Page 77 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 8934'58" WEST ALONG THE SOUTH PROPERTY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST ALONG A LINE 25.00 FEET WESTERLY FROM AND PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.) A DISTANCE OF 706.30 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 89'5653" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 00'4331' WEST A DISTANCE OF 56.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING NORTH 00-43-31' WEST A DISTANCE OF 637.00 FEET; THENCE NORTH 89'1629" EAST A DISTANCE OF 2.00 FEET; THENCE NORTH 00'43'31" WEST A DISTANCE OF 256.82 FEET; THENCE SOUTH 89'32'39" WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00'4331" EAST A DISTANCE OF 256.64 FEET THENCE SOUTH 89'16'29' WEST A DISTANCE OF 65.00 FEET' THENCE SOUTH 00'4331" EAST A DISTANCE OF 82.00 FEET; THENCE NORTH 891629" EAST A DISTANCE OF 49.00 FEET. THENCE SOUTH 00'4331" EAST A DISTANCE OF 43.00 FEET,• THENCE NORTH 89'1629' EAST A DISTANCE OF 5.00 FEET,• THENCE SOUTH 00'43'31" EAST A DISTANCE OF 512.00 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 0.34 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. TEMPORARY CONSTRUCTION EASEMENT OXOWTION: 3 YEARS FROM OOM ENCEMENT OF CONSTRUCTIC' , I- SKETCH SHEET 3 OF NOU rror BY: ■■r■■ ■■■■■ ER k 0 W. HA NEY, S.M. N0. 5606 ■ ■rr■■ ■■ ■■■■ ; r ■r■■■ TJNDAGE,rc Prafe■da■el en0mers, pla=erw. k lead wArle7rrr SCALE:• N.T. S_ DATE:BUG....X --Z= Comm p�q. "" M. 140 TWr1 Tw■. rww ■.11.,. It low (M)lwA 0tel DRAWN BY: JAN PROJECT NO.- .AQdl_ -- = $ °i C"'^ % °"'w ` `� " "�` -, W rM is ACAD NO: 9073- S0727A FILE NO:_ 9073 a1m.w w anon... ■.e u ws .e O s,m EXHIB T A �■-. Agenda Item No. 10C P�IQ9 C1 of September September 27, 2005 Paae 78 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. _ 827 P.O.C. = POINT OF COMMENCMENT ATE: BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD -AS -BEING N 00.4331" W. PROPERTY OWNER: FLORIDA APARTMENT LEGAL DESCRIPTION' AND SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 827 CLUB NAPLES WATCHUNE :MEN NOLS ■■v REFERENCE: O.R. . 2852, PC. 1054 SEE SHEET 2 OF 3 HER k AREA OF TAKE: o.ze_ ACRES ■■Tar• GEO ACKNE , P.S.M. NO. 5606 iiiiii UNDAGE,. Prato tonal ena(neers, planners, k land eurveyon SCALE: 1" - 150' DATE: AUG. 31. 2005 c.■1■• ar to ■m 00. ♦.10 r.W.w1 T..o. ■.e.e1 8.81". n. "in (810Mn -a1u e.a. 110: a..w er"re.. n. 8.110 (m).w ew. SEACREST SCHOOL INC. o■.alr1. a ewe..""" "" In a" w s 810. 7— h10)810 -me ACAD NO: 9073 —SDB27 FILE NO: 9073 0. R. 3219, PG. 2683 o � N �{ II N _ N 2 W + o to 4ioww o - ' 3 Urn wo; 5 Q I z� ...I o;o : o o JO N x I I U 0_ (n 0 p cn 4 ca O Q: PERPETUAL, NON-EXCLUSIVE °° I o t• DRAINAGE AND UTILITY EASEMENT Li I N o N Z CL ui w O Z� c x 4 68 I ...10 � � +g ^ ( O o rL + O 0(00 �- LINE TABLE LIME LENGTH B ARIN W N 8 ~ L1 25.01' N 8934'58" W L2 Q� 03 C4 n a I n Zp LL 10.00' N 895653" E L3 7.11' N 4573'09" W Q ° Z I Z to L4 3.00' S 89'56'53" W L5 2.00' S 8976'29" W °n 4 Z O W t� 10 3 w O �O 3 Lu c tn�y.I Q) z I Qx I` aq0 W o° w W v1 � to m t as x a 11—SOUTHERLY PROPERTY LINE ° I � ° + L1 1 eh (n et � ° J LU et FIRST HAITIAN ALLIANCE CHURCH v + O.R. 2735, PG. 2800 a v o l I I I T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT ATE: BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD -AS -BEING N 00.4331" W. R.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION' AND SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 827 ■■■ ■%wG CLIENT: COLLIER COUNTY TR NSPORTATION DIVISION :MEN NOLS ■■v . HER k BY: _ ■■Tar• GEO ACKNE , P.S.M. NO. 5606 iiiiii UNDAGE,. Prato tonal ena(neers, planners, k land eurveyon SCALE: 1" - 150' DATE: AUG. 31. 2005 c.■1■• ar to ■m 00. ♦.10 r.W.w1 T..o. ■.e.e1 8.81". n. "in (810Mn -a1u e.a. 110: a..w er"re.. n. 8.110 (m).w ew. DRAWN BY: JAN PROJECT NO.: 8081 —CBR o■.alr1. a ewe..""" "" In a" w s 810. 7— h10)810 -me ACAD NO: 9073 —SDB27 FILE NO: 9073 EXHIBI�',_ Agenda Item No. 10C P" �`0 � r7�y September 27, 2005 -. -_E_. --a Page 79 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 827 PROPERTY OWNER: D IDA APARRAENT COUNTY BARN ROAD CLUB NAPL STA, 117+ 0.67,__ REFERENCE: R. 2!+g2 vr., tp5a DAMS BLVD. AREA OF TAKE: 0.28 Ames f STA. 128 +82.50 126 +00 128 +00 130 +00 132 +00 O DAVIS BOULEVARD II N F (S_R_84) (75' R.O.W.) L3 N r - laJ N I` � mg N-'I S /D I PERPETUAL, NON- EXCLUSIVE DRAWAGE AND UTILITY EASEMENT 0_ z U O � 4 W �N 4 Q Or QO 0 0 L IE I1NE TABLE L ENCztti BEd810lCc L1 25.01' N 893458' W L2 10.00' N 8956'53' E L3 711' N 4523'09' W L4 3.00' S 8956'53' W L5 2.00' S 89'1629' W zti �o Lu N�� _ uj c�� Qq� 4 w �z C7 q IL N rIq� q o0 0 u �ww c d Ed q 1 < [1.� =0 4q L5 -� -' c n 4i I— ._', N ti It � O i V Qo $' 0- �' o, I I Q I b rr 31 Cc Z I Q3 I p f I U I Uto N S(3 � CL Q w , Ua O I I SEE SHEET i OF 3 U aLM P.O.C. = POINT OF COMMENCMENT D_ZCL mxa = OF COUNTY BARN ROAD AS BEING N 004331" W. U w I (w�= DESCRIPTION: PARCEL 827 O � I � I o I za q� H� JLn SEACREST SCHOOL INC. O.R. 3219, PG. 2683 SEE SHEET i OF 3 T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT NOTE: BEARINGS ARE BASED. ON THE SURVEY BASELINE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 004331" W. R.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 827 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION woo !A one: ■■�■■ ■ BY. GEORG W. HACKNEY, .M. NO. 5606 ■■■■v ■uu■ UNDAGE,wa Prolss■fonsl eagflleer, planner. k I-nd snT�eYon ' DATE: AUG. 31 005 SCALE: �..1= ;- .15Q.. as- . -" sm1. so. 940 T—I d T.IL ■.raft ■.rr. n silos w)W-e1" DRAWN BY: JAN PROJECT NO.: 80� C8R �.. o.�a ssso o..�.i ■..s ad% M s.ew sy.m�. n solw rZOO -on e�■a.n. w a u.1�■.a ■... u sss4 w s ssu T.m fsr ->.s ACAD NO:911773- B 7A FILE NO: 9073 EXHIBIT 4 Agenda Item No 10C Pege--(� I Of September 27, 2005 Page 80 of 87 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPnON (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LUNG ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 89'3458" WEST ALONG THE SOUTH PROPERTY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET,• THENCE LEAVING SAID LINE NORTH 00'43'31` WEST ALONG A LINE 25.00 FEET WESTERLY FROM AND PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O. W.) A DISTANCE OF 706.30 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID LINE NORTH 0043'31" WEST A DISTANCE OF 1565.11 FEET; THENCE LEAVING SAID LINE NORTH 4523'09" WEST A DISTANCE OF 7,11 FEET; THENCE SOUTH 00'43'31" EAST ALONG A LINE 30.00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 620.05 FEET,• THENCE LEAVING SAID LINE SOUTH 89'56'53" WEST A DISTANCE OF 3.00 FEET,• THENCE SOUTH 0043'31" EAST ALONG A LINE 33.00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 256.82 FEET; THENCE LEAVING SAID LINE SOUTH 89'16'29" WEST A DISTANCE OF 2.00 FEET. THENCE SOUTH 00'4331" EAST A ALONG A LINE 35.00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WAY LINE DISTANCE OF 693.22 FEET; THENCE LEAVING SAID LINE NORTH 89'5653" EAST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.28 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. PERPETUAL, NON - EXCLUSIVE ORAKAGE AND UTILITY EASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCEL 827 ■otGMN iiii IJHER do iiiiUNOAGE.M. Professional engineers, planners, k land surveyors C.alw C 1' saa w0, 7400 T-60W Tng, Ada, a.O n 141M Ni Iw Uw1-7111 W C—t', w.s C—t aws, w Iwy s.wY vwftl� R suss (snMM -MH c■ee.a. . A.0 —t-u.. s... u ssw .se u awn rm (110091-ssw BY: :N.S.M. NO. 5606 SCALE: N.T.S. DATE:OUG. 31. 2005 DRAWN BY: JAN PROJECT NO.:8081 —CBR ACAD NO: 9073- SD827A FILE NO: 9073 EXHIBIT -A P®ge -!ZL—OUL PERPETUAL, NC)Nii -Y01—USM ROAD RIGHT- OF -WOtY, DRANiIYLiE AND UTILITY EFISEMEMT Agenda Item No. 10C September 27. 2005 Page 81 of 87 PROJECT N01 60101 WET L or I PROJECT PARCEL NO. 128 50' , LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAX (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA RYN7TN w NR 1 or SecrbD B COUNTY BARN ROAD w AW 41 PT SACIANI B (C.R.268) PROPERTY LINE A ERIY RAP LINE OF FY DARN ROAD C.R. RI1Y U. �EXISTING DRAINAGE, U 1WY EASEMENT_ RAP LINE `PROPMED DRAINAGE, UTILITY EASEMENT LEM DESCRIPTION - PARCEL NO. 126 TNC EAST SO FEET OF THE REST 100 FEET OF THE FOLLONITO DESCRIBED PROPERTTI THE SOUTH 1 AI OF THE NORM 112 OF THE SE 114 Of THE M IN or SECTION S. TOPHSHIP Bo SOUTH, RANDE 26 EAST. COLLIER COUNTY. FLORIDA. EDEN INSTITUTE FOUNDATION INC. FOLIO NUMBER: 00403400003 O.R. 3364, PG. 2186 LEaro, An RIGHT OF qY LS . LAID SURVEYOR Le • LICENSED BUSINESS P. 1. • FLAT BOOR PC. . PACE PSH . PROFESSIONAL SURVEYOR A HAPPEN O.R. , COUNTY ROAD O.R. OFFICIAL RECORD PRIYESSQIIN. RIMEYOR AND MAPPER /� POGMDA CEN17FCIPE NASM r A e ri ca an DRAWN BY. JCM 1I- Consulting Engineers of Florida, LLC G1DUAFt'Y CHECKED 9T1 SP fif Lsnd 01 Lekse Blvd. Still 210 CaEaw Land 0' Lekas. Flends 34690 VXpAR?AfjWr pr 7XAApMDR7A774V DRAWING DATEI 06.16.05 vnoc:rtifl :I. of Auiri ll-fl No. 710900 SWLET I`•100 EXHIBIT A Pte.; of PERPETUAL, NON- k=XCLU8IVE ORAMAGE AND L1T'ILI 1"r EASEMENT PROJECT N01 60101 PROJECT PARCEL N01 829A Agenda Item No. 10C September 27, 2005 Page 82 of 87 SHEET I OF I 50' LEGAL DESCRIPTION AND SKETCH �r-- DRAINAGE, UTILITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST R/W Une Ez.R/W FOR SW I4 OF THE NW %4 OF SECTION 8 _ COUNTY BARN ROAD (CJ{. 268) SE %4 OF THE NW t/♦ OF SECTION 8 (WIDTH VARIES) WEST PROPERTY LINE 6 EASTERLY R/W LINE OF COUNTY BARN ROAD (C.R. M) w COUNTY BARN ROAD (C.R.269) — PROPOSED DRAINAGE, I UTILITY EASEMENT LEGAL DESCRIPTION - PARCEL NO. 829A THE EAST 10 FEET OF THE WEST 100 FEET OF THE FOLLOWING DESCRIBED PROPERTY. THE NORTH 112 OF THE NORTH 1.12 OF THE SE 114 OF THE NA 114 OF SECTION B. TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA. SEACREST SCHOOL INC. FOLIO NUMBER 00403400003 O.R. 3163, PG. 2379 LEGENDi RM RIGHT aF WAY LS LAND sIRTVEYOR LB LICENSED BUSINESS P.D. PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR 6 MAPPER C.R. COUNTY ROAD O.R. OFFICIAL RECORD SE %4 OF THE NW % OF SECTION 8 SW %4 OF THE NE %4 OF SECT)ON 8 ��7EIXI,IITING DRA /RAGE, UTLITY EASEMENT - - -___ z DRAWN BY1 JCM WIPCOnsulting Engineers of Florida, LLC CHECKED BY, SP 4111 Lend O' Lakes Blvd. Suite 210 COLL R G>MrN77' Land o' Lakes, Florida 34 MPARTAWArrWr RAA�F IMMA770N DRAWING DATEe 08 -18 -05 8 Phone: (813) 996 -2800 Fez: ax: ( (813) ) 9 96 -1908 Certificate of Authorization No. 7110 doei C. McGee, P.S.M. No. 6430 SCALEI 1'•100' EXHIBIT Page '7� PERPETUAL, NON - EXCLUSIVE . OP -400GE AND UTIL 1'1 Y EASEMENT Agenda Item No. 10C September 27, 2005 Page 83 of 87 PROJECT Nos 60101 SHEET 1 OF ! PROJECT PARCEL NOT 829B 50' , LEGAL DESCRIPTION AND SKETCH DRAINAGE, UTILITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Ex,R/W FOR NW % OF THE NW i/4 OF SECTION 8 COUNTY BARN ROAD CWNrY BARN 2M N OF THE NW /4 OF SECTION 8 (C.R. 266) (WIDTH VARIES; /WEST PROPERTY LINE A -- _ / EASTERLY R/# LINE OF �/ _— -- - -- — CYIUNTY BARN ROAD fC.R. 268; PROPOSED DRAINAGE. �I UTILITY EASEMENT LEGAL DESCRIP71ON • PARCEL NO. 6296 THE EAST 50 FEET OF THE WEST 100 FEET OF THE FOLLOWING DESCRIBED PROPERTY! THE SOUTH I12 OF THE SOUTH 1 7 OF THE WE 1 M OF THE NW Im OF SECTION B. TOWMSNIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA. SEACREST SCHOOL INC. FOLIO NUMBER: 00403040007 O.R. 3219, PG. 2683 LEGENDI R/W RIGHT OF BAY LS •LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOR PG. PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. COUNTY ROAD O,R.. OFFICIAL RECORD NE %4 OF THE NW % OF SECTION 8 NW %4 Or THE NE t/4 OF SECTION 8 r—' 1 I I� I I n DRAWN BY JCM .American ILI Consulting Engineers of Florida, LLC f� CHECKED BYr SP 4111 Lend O' Lakes Blvd. Suite 210 Land O' Lakaa, Florida 34639 p8jAR7X8vr Qp 71LtAWPQNrA7WN DRAWING DATEr D8 -18-05 Phone: (613) 996 -2aoo Fax: (813) 996 -1906 CertiNonto of Authorization No. 1110 SCALEe 1'•100' Joel C. McGee, P.S.M. No. 6430 EXHIBIT A Page_�L of 17 RN TM -MY V EAsEkM Agenda Item No. 10C September 27, 2005 Page 84 of 87 PROJECT NOT 60101 SHEET IOF t PROJECT PARCEL NOT 130 50' LEGAL DESCRIPTION AND SKETCH ^^ PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA EX. R/IY FOR Air %, of MST 9MLP ROAD fCR P6B/ ME X oI rworH VARfE51 WES EASE W ti of 500ton B COUNTY BARN ROAD I N 7. 268) f i. PERTY o L/NE S. i frbn 8 (Ci Rh LINE Of RN ROAD KR. 8641 R/W Lim I ` I $ PIfQ175E0 pPAdAOE, I PR0"175E0 R,w LANE UTILITY £ASEYENT EfifSTM(f UTILITY EASEMENT LEDENDI RA • RIGHT OF NY LS LARD fI1RYEf011 LB LItETrSEO BDSIRESS P.B. PLAT BOOR PG. PACE PSR • PROFESSIONAL SURVEYOR B YPPER C.R. C01WTT RAD O.R.. OtF ICIAI O RECORD JOEL CAb6EE. PSI PROFESSIOAK SNMEYDR AND YAPPER FLLNGA CERTSGTf Ats.Be.70 IriF."iAmerican DRAWN BY, JCSA ,I- Co ns Olting Engineers of Florida, LLC CHECKED BY- SP 4 1 1 1 Lane O' L.NFr Blvd. sons 210 COIJAM C17EQ " une O. Frortea 34838 ZWPAR774OLW EIN'71gAlVA�TA77.C►N DRAWING OATEI 00-18-05 Phena: Land 9116-2800 Fs X: (0130 BPB -1808 OartlRaate of Autharlratlon No. 7110 SCALEt f'•IDO• BEREAN BAPTIST CURCH INC. FOLIO NUMBER: 00403360004 O.R. 467, PG. 472 x LEGAL DESCRIPTION . PARCEL ND. 170 THE LAST So FEET OF THE NEST 100 rEET OF THE Fol.LDBIHC DESCRIBED PROPERT/. THE US • of TIC SB a Or THE WE • OF THE RW a SECT IM B. TawSHIP SO SOBTR, RANGE 76 EAST, COLLIER CIRINTY. FLORIDA. LEDENDI RA • RIGHT OF NY LS LARD fI1RYEf011 LB LItETrSEO BDSIRESS P.B. PLAT BOOR PG. PACE PSR • PROFESSIONAL SURVEYOR B YPPER C.R. C01WTT RAD O.R.. OtF ICIAI O RECORD JOEL CAb6EE. PSI PROFESSIOAK SNMEYDR AND YAPPER FLLNGA CERTSGTf Ats.Be.70 IriF."iAmerican DRAWN BY, JCSA ,I- Co ns Olting Engineers of Florida, LLC CHECKED BY- SP 4 1 1 1 Lane O' L.NFr Blvd. sons 210 COIJAM C17EQ " une O. Frortea 34838 ZWPAR774OLW EIN'71gAlVA�TA77.C►N DRAWING OATEI 00-18-05 Phena: Land 9116-2800 Fs X: (0130 BPB -1808 OartlRaate of Autharlratlon No. 7110 SCALEt f'•IDO• EXHIBIT /� Agenda Item 10 H September 277, , 2005 5 Page _ Of Page 85 of 87 PERPETL AI. NON- EXCUXIVE ROAD FUGHT-0F -VA4Y, ORAROM AND MW EAEMEIT PROJECT NOR 60101 SN£E E GF I PROJECT PARCEL NOT 131 50' , LEGAL DESCRIPTION AND SKETCH --�� PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION S, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA I I R/W UIN R—.- Ex. RM FQR Aw % or rM MY I P/ SxII1n a COUNTY BARN ROAD WE I. of IRa MY 4 a/ 12212 O (CR 266) IWIar,f VARIES! WEST PROPERTY LANE b EASTERLY Riw LINE OF RAT Line C"TY BARN Inc rC.R. EOR1 PROPOSED RM LINE sit L Fl 1 I F ! I 1 COLLIER DAVIS LLC " a FOLIO NUMBER: 00403880005 ti S O.R. 3341, PG. 2162 a 1 Q I LEGAL DESCRIPTION - PARCEL NO. ISR I I THE EAST SO FEET OF INC REST 100 FEET OF THE FOLLOWING OESCRIREO PMKOTT. THE "S ! OF THE NE ! Or THE NR • OF SECTION S. TORHENIP SO SOUTH. RANGE 76 I EAST. COLLIER COUNTY. FLORIDA, LESS AND EXCEPTING THEREFRON THE NORTH TS FEET THEREOF. I EASY PROPERTY uwE � Lt"NE. I RUN RIGHT OF WAY 1' 204 SIIRVE TGR LO LICENSED RURINEss P.W . PLAY Roar PG. PAGE PSN PROFEssIOML SURVEYOR R NIPPER C.R. COUHTT ROAD O.R. CFFICIAL RECORD JOEL GANOEE. PSw P&WESUM" SURVEYOR AND YAPPER FLOWA CY'RfIFeAYf ft "M A m e r i c a n DRAWN IM JC4 s�t>- COnaulElnq EnglnRarR of'.."0., LLC CHECKED BYI SP 4f.. LFod O' Lawaa �",. 9VIta Y,G COLL= GONV77 DRAWING DATER OB -18.05 Land 0' LAFU, Florida 94179 Pnona: ref» ooe•s000 Faa: (I") see reoF ASPARTAONT QF 7�A1VSPgRTA77CYN SCALER I' -100' C.rl/flealo PI AUlA9rllali— Na. 7110 Agenda Item No. 10C EXHIBIT A September 2005 86 Page 86 of 87 Paw '77 TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM OF CONSTRUCT10#4 PROJECT NOI 60101 SHEET IOF I PROJECT PARCEL N01 761 30' LEGAL DESCRIPTION AND SKETCHL TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGENDi RM RICHT OF WAY LS LAIRD SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PG. PAGE PSM PROFESSIONAL SURVEYOR B YAPPER C.R. COUNTY ROAD O.R.. OFFICIAL RECORD LEGAL DESCRIPTION - PARCEL NO. T61 THE WEST 19 FEET OF EAST 44 FEET OF THE NORTH 20 FEET OF A PARCEL NOW OR FORMERLY OWNED BY HARRY AND MARTHA 81CKFORD BY DEED OF RECORD IN 0. R. 2231, PAGE 1300 OF PUBLIC RECORDS COLLIER COUNTY, FLORIDA. SAID PARCEL LOCATED IN THE SOUTH 112 OF THE NW I/4 OF THE SW 1/4 OF SECTION 8. TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. I I I I I I I I I I I I I I I I + I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I + 1 I I J L li ly I� I � I I� + I� I I HARRY & MARTHA BICKFORD I FOLIO NUMBER: 00406600305 i �- O.R. 2231, PG. 1300 1 a , I I I + + rr EXISTING ROADWAY. DRAINAGE f I 1 6 UTILITY EASEMENT 19'TEMPORARY DRIVEWAY 1 + RESTORATION EASEMENT —� f I I I I R/W Line f �EAST PAOPERTY LINE 6 WESTERLY R/W LINE OF R/W FOR COUNTY BARN ROAD (C.R. 2681 COUNTY BARN ROAD (C.R. 268) COUNTY BARN ROAD M 107H VARIES) Nil? %, OF THE SW %, OF SECr10N B (C.R. 268) N£ �/4 OF THE SW Y4 OF SECTION 8 -- �i:�American DRANK BYI JCM 'V- Consulting Engineers of Florida, LLC CHECKED BYI SP 4111 Land O' Lake$ Blvd. Suite 210 CULL= COUATr Land O' Lakes, Florida 34839 Phone: (813) 006 -2800 Fax: (813) 998 -1008 LIBPAR77jff rOF 2X4A$P WrA72W DRAWING DATER 08 -18.05 Cerfifioata of Authorization No. 7110 Joe, C. McGee, P.S.M. No. 6430 SCALER 1'-60' EXHIBIT Pam —'A of TEMPORARY CIRNEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Agenda Item No. 10C September 27, 2005 Page 87 of 87 PROJECT N0: 60101 SHEET rOF L PROJECT PARCEL NOt 762 30' , LEGAL DESCRIPTION AND SKETCH TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I WEST PA I I I I I f I EL GENOt R1W RIGHT OF WAY LS LAND SURVEYOR LB LICENSED BUSINESS P.B. PLAT BOOK PG. PAGE PSN PROFESSIONAL SURVEYOR B MAPPER C.R. COUNTY ROAD O.R. OFFICIAL RECORD I I JONATHAN GIFFORD I I I I FOLIO NUMBER: 00406200006 O.R. 842, PG. 1888 I � I I i I / I 1 I x I I I I I I I +-I I�- I I I I I LEGAL DESCRIPTION - PARCEL NO. 762 THE WEST 19 FEET OF EAST 44 FEET OF THE SOUTH 35 FEET OF A PARCEL NOW OR FORMERLY OWNED BY JONATHAN GIFFORD BY DEED OF RECORD IN O.R. 842. PACE 1868 OF PUBLIC RECORDS COLLIER COUNTY, FLORIDA. SAID PARCEL LOCATED IN THE SOUTH 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 8. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. i I / I r I I I 1 ff TEMPORARY DRIVEWAY R STORATION EASEMENT rEXISTING ROADWAY.DRAINAGE (lllL/7T EASEYEA/f - ---�Il � I EAST PROPERTY LINE & WESTER�y R/W UNE OF R/W FOR COUNTY BARN ROAD rCR.2681 COUM BARN ROAD ICJ. PBS) COUNTY BARN ROAD fW10TH VARIES) NW %4 OF THE SW X114 OF SECTION 8 (C.R. 268_ NE %4 OF THE sw Vi OF SECTION 8 E'l p m e �,., ^ a n IEnngineers DRAWN BY M JCM consulting Engineers of Florida, LLC CHECKED BYM SP 4 11 1 Land 0' Lekes Blvd. Suite 210 Lend 0' Lekes, Florida 34838 ` AgpARfy{18 QR 7R.411iSIM�RTA77MV DRAWING DATEM 08 18 ^05 Phone: (813) 996 -2000 Fax: (9f3) 998.1906 Certificate of Authorization No. 7110 SCALE+ 1"-60' JOal C. McGee, P.S.M. No. 6430 Agenda Item No. 10D EXECUTIVE SUMMARY September zoos Page 1 1 of 117 RECOMMENDATION TO (1) CONSIDER THREE LOBBYING FIRMS, AS REVIEWED BY A STAFF SELECTION COMMITTEE, THAT RESPONDED TO RFP 05 -3883 FOR PROFESSIONAL STATE LOBBYIST SERVICES; (2) CHOOSE ONE OF THE FINALISTS TO REPRESENT COLLIER COUNTY; AND (3) AUTHORIZE THE COUNTY MANAGER TO NEGOTIATE A CONTRACT WITH THE SELECTED FIRM. OBJECTIVE: To receive Board approval of one of the three lobbying firms reviewed by the Selection Committee and Board authorization for the County Manager to enter into negotiations of a contract with that firm that will be subject to Board approval. CONSIDERATIONS: The Board of County Commissioners approved seeking formal competition for a state lobbyist to represent Collier County in Tallahassee on July 26, 2005 (Agenda Item 16F3). The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and was publicly advertised. Collier County Purchasing Department staff sent inquiries to 179 lobbying firms identified as having county and/or municipal government lobbying experience, and 42 packets were requested in return. RFP 05 -3883 was posted on August 10, 2005, and proposals were received in the Purchasing Department until 3 p.m. on Friday, September 2, 2005. A total of 20 lobbying firms submitted proposals but one was deemed non - responsive, incomplete. A Selection Committee meeting was held on Friday, September 16, and after review, scoring and discussion of the 19 proposals, the top three firms, in alphabetical order, are as follows: • Bryant, Miller & Olive, P.A. • J. Keith Arnold & Associates • Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. FISCAL IMPACT: There is no fiscal impact associated with this executive summary, however, conceptually, funding for lobbying services was discussed by the Board of County Commissioners at the June 15, 2005 budget workshop. Funds are available in the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: That the Board of County Commissioners (1) consider the presentations of the three finalist state lobbying firms; (2) select one of the three firms to represent Collier County as its state lobbyist in Tallahassee; and (3) authorize the County Manager to negotiate with that chosen firm a contract that will be brought back to the Board for final approval. r Prepared by Debbie Wight, Assistant to the County Manager Agenda Item No. 10D September 27, 2005 Page 2 of 117 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10D This item to be heard at 4:00 p.m. Recommendation to (1) consider three lobbying firms, as Item Summary: reviewed by a staff selection committee, that responded to RFP 05 -3883 for Professional State Lobbyist Services; (2) choose one of the finalists to represent Collier County; and (3) authorize the County Manager to negotiate a contract with the selected firm. (Debbie Wight, Assistant to the County Manager) Meeting Date: 9/27/2005 9:00:00 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/20/2005 1:35 PM Commissioners Agenda Item No. 10D September 27, 2005 Page 3 of 117 TABULATION FOR RFP # 05 -3883 "Professional State Lobbyist Services" RFP DUE: September 2, 2005 NO. OF INQUIRIES SENT: 179 VENDORS REQUESTED FULL PACKAGE: 42 +++ Pronoser rr;+c, r +„ +e .. Ericks Consultants, Inc. Tallahassee, FL vJur, atlas r Y es V LV 1CS No Front Line Strategies Southern Strategy Group Tallahassee, FL Tallahassee, FL Yes Yes No No Becker & Poliakoff, P. A. Naples, FL Yes No TPC Governmental Consulting Tallahassee, FL Yes No William E. Broughton Tallahassee, FL Sarasota, FL Yes Yes No %Lox.' No The Windsor Group Tallahassee, FL ® Yes No Pennington, Moore, Wilkinson, Bell & Dunbar, P. A. Tallahassee, FL 'Yes No Rutledge, Ecenia, Purnell & Hoffman Tallahassee, FL Yes No Corcoran & Associates, Inc. Dade City, FL Yes No Bryant, Miller & Olive, P. A. Tallahassee, FL Yes No The Horne Group, Inc. Fleming Island, FL Yes No Ronald L. Book, Es q. Shutts & Bowen, LLP Aventura, FL Tallahassee, FL Yes Yes L 7 No No Uhlfelder & Associates, P. A. Tallahassee, FL Yes No Williams Wilson & Sexton Akerman Senterfitt, Attorneys at Law J. Keith Arnold & Associates TEW Cardenas, LLP Tallahassee, FL Tallahassee, FL Tallahassee, FL Tallahassee, FL IR Yes Yes ® Yes Yes Ll No No No No Yes ❑ No , /,Z� - 24� by RAW,; 1 Agenda Item No. 10D September 27, 2005 Page 4 of 117 BRYANT MILLER & OLIVE P.A. RESPONSE TO COLLIER COUNTY'S REQUEST FOR PROPOSALS FOR STATE LOBBYING SERVICES RFP No. 05 -3883 Contact: Cad L. Roth 201 S. Monroe Street, Suite 500 Tallahassee, Florida 32301 TELEPHONE: (850) 222 -8611 FACSIMILE: (850) 222 -8969 croth @bmolaw.com DATED: September 2, 2005 Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 10D September 27, 2005 Page 5 of 117 TABLE OF CONTENTS A. Bryant Miller & Olive Response to RFP# 05 -3883 1. Proposer's Business History 2. The BMO Team - Individuals and Roles 3. Successful Results 4. Collier County's Legislative Agenda 5. Firm Location 6. Project Management 7. Cost Proposal 8. References 9. List of Clients 10. Professional Associations 11. Resumes B. Supplemental Information C. Sample Legislative Report Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 1 O September 27, 2005 Page 6 of 117 1. Firm History With a long and distinguished history in serving the needs of its public and sector clients, Bryant Miller & Olive is today viewed as one of Florida's most successful and respected law firms, statewide and nationally. BMO was first organized as a professional association of attorneys under the laws of the State of Florida in 1 570. The firm has been listed in The Bond Buyer's Municipal Marketplace longer than any other law practice in the state. Over the past ten years, the Securities Data Company has consistently ranked BMO as the number one practice in Florida by the number of bond issues completed statewide each year. With five regional Florida offices in Tallahassee, Tampa, Orlando, Miami, Jacksonville, and a sixth in Atlanta, Georgia, the professional staff of BMO consists of the attorneys and legal assistants. The firm has more than 65 employees, including the professional, administrative and operational staffs. Rated "AV' by Martindale - Hubbell, the firm represents one of the longest governmental client lists of any law firm in Florida. Bryant Miller & Olive provides comprehensive, fully integrated legal and consulting services on the full range of its practice areas: State & Local Government Law; Government Consulting; Public Finance Law; Public Procurement Law; Land Use Law; Utility Law; Affordable Housing Law; Complex Tax Law; and Real Estate Law. Founded by former Florida Governor C. Farris Bryant and two high level government attorneys, the firm is an active participant in the legislative and local government consulting area. As registered lobbyists before both the legislative and executive branches of government, members of the firm have extensive experience and expertise in the workings of the State government and the Florida Legislature. A significant number of BMO lawyers have served as General Counsel for large governmental agencies and have an in -depth knowledge of the issues facing Florida local governments. Through years of working with staff members and legislators, the firm has earned a solid reputation for providing unparalleled services to governmental entities, with a thorough understanding of historical precedents and the needs of various agencies. From inception to the present day, Bryant Miller & Olive is totally committed to the firm's equal opportunity program and continually seeks new opportunities to employ persons of diverse race, creed, color, national origin and sex. Today, more than 25% of the members of the firm are African - American, Hispanic or women. More than 20% of the practice is owned by women. For more than 35 years, the firm has provided its clients a sophisticated blend of legal expertise and detail - oriented service. From backgrounds rich in public and government practice law as well as private sector and corporate law, BMO Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 10D September 27, 2005 Page 7 of 117 lawyers represent a diverse mix of the best and brightest legal counsel. Their dedication to quality service results in a steadfast bond of loyalty and respect between Bryant Miller & Olive and its clients. 2. The BMO Team - Individuals and Roles Carl Roth will be the primary contact and representative for the County. Carl has over 22 years of public and private sector legal and legislative experience to bring to bear on the County's behalf, much of which has been on issues important to local government. She has recently returned to private practice (December, 2003) after serving 4 years as General Counsel and Assistant Secretary of the Florida Department of Community Affairs under Secretaries Seibert and Castille. During her tenure there, she played a lead role in negotiating major growth management legislation passed in 2002. As General Counsel, she assisted all programs of the agency, all of which work with or impact local governments including community development, emergency management, building codes and community planning. Many of these programs also involved local government grants. As part of the effort to assist the Front Porch Florida program, Cari was very involved in efforts to create a handbook of state government assistance for local governments, and worked closely with the Office of Trade, Tourism and Economic Development researching those options. She was also involved in many inter - agency efforts, particularly those with the Florida Department of Environmental Protection, Florida Department of Agriculture and Consumer Services, Florida Department of Transportation, and all of the regional Water Management Districts, developing excellent relationships both at the staff level and with the leadership of each agency. Ms. Roth's prior private practice included representation of local governments on land use, environmental and legislative issues, and she has significant expertise in special district law. She represented Leon County for several years on special district and land use issues, and has recently been hired to represent the County again on land use issues. She also previously performed work for the Monroe County School Board on land use issues. Cari represented Bell South Mobility before departing private practice in 1999, and for them organized and was critical to the successful industry and local government effort to adopt a funding source for improvements to the emergency 911 systems for cellular phone users. For many years she also represented the Association of Special Districts and for that client became familiar with local government issues, including local government finance. For the Association, she was a key player in successful legislative efforts to reform several chapters of law regarding special districts. She has handled dozens of local bills before the legislature in addition to passing and sometimes defeating general legislation. Cari obtained her start in the legislative process as staff to the Florida House, so she has some "inside" experience as well. Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 1 O September 27, 2005 Page 8 of 117 Working directly with Ms. Roth in a very active role is Suzanne Van Wyk a recent addition to our government consulting team. She recently entered private practice and brings eleven years of legal, legislative and government consulting expertise to the firm, after a distinguished career in several state and local government entities-Ms. Van Wyk and Ms. Roth worked together at DCA where Ms. Van Wyk (then Schmith) represented the Florida Building Commission. Since leaving DCA, she worked as an Assistant County Attorney for Leon County. She has also served the Florida Senate, Committee on Community Affairs as its staff attorney Ms. Van Wyk also has a Master of Science in Urban and Regional Planning from FSU. While at DCA, Suzanne was instrumental in the implementation of Florida's Uniform Building Code, and her practice encompasses land use and growth management and environmental management regulations. She works collaboratively wift federal, state and local agencies involved with growth management, natural resources, special districts, local government revenues and financings, special land use, development and zoning. Ms. Van Wyk has lectured frequently and has published articles on compliance with building code regulations. As a member of the Florida Bar, she is active in the Administrative Law, Government Lawyer, and the City, County and Local Government Law Sections. She is serving a three -year term on the Florida Bar's Voluntary Bar Liaison Committee. She is president -elect of Tallahassee Women Lawyers, a Fellow of the Florida Bar Foundation, and a member of the American Planning Association. Barbara Auger, who joined BMO in July, 2004 will also be a member of our team. Her legislative experience includes a broad array of private business and public sector issue Her legal experience, understanding of Florida's developing governmental refo m, and keen insight into the projected evolution of state operations and b siness regulation combine to form the foundation of her practice. Her car er has encompassed private legal practice, as well as top leadership position with two state agencies. Her public and private sector experience include legislative relations as well as state agency governmental relations. Her experiences significantly enhance her ability to counsel, represent, and promote diverse County interests in state agency, executive, and legislative arenas. Ms. Auger has represented both private and public sector clients on a variety of issues, including construction and real estate related matters. Ms. Auger became General Counsel for the Florida Department of Business & Professional Regulation in 1999, leading an 80— member legal team in enforcing the rules and regulations that govern licensed businesses and professions. She supervised the attorneys providing prosecutorial services to the CILB, as well as worked closely with the CILB staff and Board Counsel. She helped to lay the groundwork to imp ement a Technology Project that would reengineer agency Bryant Miller & Olive P.A. Response to Colliet County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 10D September 27, 2005 Page 9 of 117 operations. As Deputy Secretary of the Florida Department of Management Services from 2000 through late 2001, she collaborated with the agency's secretary and the Office of the Governor to implement Service First, the Governor's initiative to reform state government operations. She was a key player in successful legislative efforts to allow for the implementation of that program. In addition, she managed the department's Legislative Affairs, General Counsel, Budget, and Communications Offices. Ms. Auger has served as an agency policy maker, lobbyist, legislative affairs advisor, and legal advisor to the Secretary of the Department of Management Services and the Secretary of the Department of Business & Professional Regulation. Barbara has also twice served as an adjunct professor to the Florida State University College of Law. The final member of our team is Theresa Bixler Proctor. Theresa joined the firm first as a clerk then as a lawyer, graduating with honors from the Florida State University School of Law in 2004. She worked closely with Ms. Roth this past legislative session, assisting in the service of the three county governments represented by the firm before the Florida Legislature. She is an invaluable member of our team with her computer and organizational skills. Bryant Miller & Olive also has a paralegal, Karen Botino, and an administrative assistant, Harper Bearss, who will assist with bill tracking and client reporting. Law clerks will assist as needed as well in performing session monitoring. The other critical part of our team is the Board of County Commissioners and its staff. Close communication is important to help the lobbying team understand the interests of the County and impact on those interests and to respond appropriately. The attorneys we propose to represent the County have throughout their careers focused on a legislative, agency and land use practice. Between Carl and Suzanne and their public and private sector experience, BMO has two attorneys who have developed a great breadth of knowledge of the workings of the legislature and local government. Cari and Barbara both have extensive knowledge and relationships throughout state government and the people in key roles. We communicate well with the Governor's office as well as the state agencies. We believe our expertise in these other areas of government can assist the County with permits, grant applications, and items that may come before the Governor and Cabinet such as land acquisitions, sheriffs budget appeals and state lands leases. The division of our labor would derive primarily from the priorities of the County. Carl Roth will supervise all work, for the County. We work as a team and will assign tasks to the person(s) who would best accomplish the goal based on experience and knowledge and relationships. Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 10D September 27, 2005 Page 10 of 117 3. Successful Results In addition to the successes recounted in the individual descriptions in paragraph 2, there are a few recent successes that we would like to highlight. Carl was very involved in this year's growth management legislation. Carl was asked by the House for significant assistance with the drafting of the bill. Although the overall product is far from ideal, many ideas inimical to the interests of local government were kept out of the final product. Most hard fought was a late proposal to switch both the burden and standard of proof for challenges to impact fee ordinances. In the end, this provision was kept out of the final bill. Another recent success is for a charter school client of the firm. The school was new, and had inadvertently been left out of a line item in the budget reflecting a speck statutory funding formula. Unfortunately, the error was not discovered until after the negotiated budget had been printed, with only two days to go until the scheduled end of the legislative session. Working with the agency and the Governor's office, we were able to quickly calculate the amount and attach the appropriation to another bill that passed in the final hours of session. This method of passing an appropriation is highly unusual. Key contact is Sam S. Goren, Esquire. Phone: 954 - 771 -4500 Fax: 954 - 771 -4923 The third example is one for Charlotte County. The Legislature was anticipating little money for library construction, and proviso adopted the year before would unfairly concentrate those dollars in a few jurisdictions. The County had fairly competed in the grant process, and was ranked highly, but the agency's interpretation of the proviso would have knocked the County out of the money. We were able to work with House and Senate appropriations staff to propose another way of interpreting the proviso in question and lobby an adequate dollar amount in the budget that allowed Charlotte to obtain the funding. Also for Charlotte County were significant budget items in 2005 as a part of the State's response to hurricane generated needs. Key contact is Bruce Loucks, County Administrator. Phone: 941-743-1944 Fax: 941 - 743 -1554 4. Collier County's Legislative Agenda We expect that the County's interests would, in large part, mirror the concerns of other local governments. Clearly, growth management and more specifically transportation concurrency we know are concerns. Both pertinent committees in the House and Senate anticipate a growth management "glitch" bill. A good governmental affairs program will cover both the agencies implementation of last year's legislation as well as future legislative activity. �- Both pertinent committees in the House and Senate anticipate a growth management "glitch" bill although the Administration is discouraging it. There is Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 10D September 27, 2005 Page 11 of 117 an impact fee task force that has just had its first meeting and is scheduled to report to the Legislature before session. We are following and participating in the task force. Also formed by the Legislature this year is the Century Commission, a group formed to assist the Governor and Legislature with long term growth strategies. The Governor and Speaker have made their appointments, and the Senate President's are expected any day. Steve Seibert, the Secretary of the Decpartment of Community Affairs when Cari was General Counsel there, will be the Executive Director of the Commission. The funding for the School Concurrency Task Force formed by legislation was vetoed, and therefore it will not convene. The Department is, however, spending a great deal of its technical assistance money on implementation of this year's mandatory school concurrency. Also on the horizon is an expected attempt to limit franchise fees by certain telecommunications companies, and a portable "Save our Homes" proposal for assessments on homestead property. We expect this to be an active year for local government financial options controlled by the Legislature. Several interim projects of the Legislature's committees are also likely of interest. The House Growth management committee is looking at Development of Regional Impact Affordable Housing Policies, and the House Fiscal Council is reviewing the effect of DOT's funding policies on funding for Arterial Roads and MPO priorities. The Senate Community Affairs committee is again looking at a Land Use Board of Appeals. Implementation of the DJJ cost shift to counties will be reviewed by the Senate Criminal Justice Committee. Clearly, there will be a lot going on of interest, and there could not be a better time for the County to make sure that its interests are heard. Fortunately, you have an effective legislative delegation. As far as determining what the County's interests are, we recommend an interactive process with the County Commission, County management and other staff, and your hired representatives. The priorities should be honed with the knowledge that the Florida Association of Counties (FAC) will be active on all issues of interest, so your lobbyist should be focused on the particular local government issues that are most important to the County. County staff can track a larger world of local government issues and provide timely feedback to FAC. We suggest a workshop as soon as possible since legislative committee meetings will begin in September and your local delegation will be meeting in the fall. The legislative process is very fluid, so one point of contact is recommended to enable your lobbyist to get timely and substantive feedback throughout the session. S. Firm Location Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 1 OD September 27, 2005 Page 12 of 117 The members of BMO who would work on this are based in our Tallahassee office which we believe is most effective for a state level presence. This has worked quite well for our other County clients (Charlotte, Sarasota and Manatee counties). Certainly, we are available to travel to meet with the Commission and staff. 6. Project Management The best evidence of our ability to manage the needs of several clients is the results we have obtained. Enclosed is a copy of our most recent wrap up report to Charlotte County. We utilize Lobbytools, a computerized tracking service to assist us in tracking bills of interest. They have a very good system that we recommend to the County that enables us to share our news and evaluations with the County and have the County react to various proposals in a way that allows us to easily retrieve those responses. A key to the success of this relationship is a partnership with staff. Accessibility and responsiveness of knowledgeable staff persons who can help determine the impact of legislation specifically on Collier County and help tailor responses to concerns is critical to an effective lobbying effort. We understand the County Manager has designated a point person to coordinate this effort, and we know from experience that is a wise choice. The other important issue with project management for a firm such as BMO who represents a number of local governments and other clients listed below before the Legislature is coordination of our activities with those existing client interests. Although no interest conflicts are evident or expected within these local governments or other clients, it is possible that a conflict would arise in which case we would need to either resolve the conflict or excuse the firm from lobbying that issue for the County. The firm also represents a number of cities on legal matters. Because of its representation of cities, the firm could not engage in legislative issues regarding annexation, or other issues that may put the County at odds with the Firm's City clients such as community redevelopment agencies. 7. Cost Proposal Anticipating that the County will want their lobbyist to provide assistance on a full range of subjects, we propose to represent the county for $70,000 annually, payable in monthly increments. Expenses such as travel, copying, long distance will be billed separately on a monthly basis. Cell phone service and our Lobbytools service are included in the retainer. Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" 8. References . Agenda Item No. 10D September 27, 2005 Page 13 of 117 References Name of organization Charlotte County Full mailing address of organization 18500 Murdock Circle Port Charlotte, Florida 33980 Size of the organization 1,000+ employees; 162,000 population Number of years of performance 1 year Contact person: Bruce Loucks, County Administrator Kelly Shoemaker, Assistant County Administrator Phone: 941 - 743 -1944 Fax: 941-743-1554 Activities: Successfully lobbied for library and hurricane response funding. Participated on behalf of the County on a number of issues such as antiquated subdivisions, cell tower siting, growth management, DJJ cost shift. Final 2005 Legislative Report to Client is Attached as Exhibit 1. Name of organization Sarasota County Manatee County Board of County Commissioners Full mailing address of organization Size of the organization Post Office Box 1000 Bradenton, Florida 34206 -100 Size of the organization 1,754 em to ees; 260,000 population Number of years of performance Activities: Assist County in effort to find alternatives to litigation to resolve New client as of December, 2004 Contact person: Ernie Padgett, County Administrator Padgett Phone: 941 - 745 -3783 Fax: 941 - 745 -3790 Activities: Budget priorities achieved. Participated on behalf of the County on a number of issues including growth management Name of organization Sarasota County Full mailing address of organization 1660 Ringling Blvd., Second Floor Sarasota, Florida 34236 Size of the organization 3,000 employees; 358,000 population Number of years of performance Contact person at the organization named above who can verify the performance. Name David Bullock, Deputy County Administrator Phone: 941 - 861 -5293 Fax: 941 - 861 -5987 Activities: Assist County in effort to find alternatives to litigation to resolve Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 10D September 27, 2005 Page 14 of 117 concerns about the impacts of phosphate mining; assisted the County at the end of the 2005 legislative session on growth management and impact fee legislation Name of organization Consortium of Charter Schools Full mailing address of organization 3099 E. Commercial Blvd., #200 Ft. Lauderdale, Florida 33308 Size of the organization 3 municipalities and 1 university run charter school Number of years of performance 2 year with C. Roth; 3 ears with firm Contact person: Samuel S. Goren, Esquire Phone: 954 - 771 -4500 Fax: 954 - 771 -4923 Activities: Successfully lobbied for amendments to law regarding finance and operations of municipal and university run charter schools. Participated in OPPAGA and DOE appointed review panels. Name of organization Lykes Brothers Inc. Full mailing address of organization Post Office Box 1690 Tampa, Florida 33602 Size of the organization ately 425 employees Number of years of performance 2 years Contact person: Howell Ferguson, Chairman and CEO Phone: 813 - 470 -5050 Fax: 813 -470 -5020 Activities: Hired to assist with all government affairs, including the Legislature, state and regional agencies and the Florida Cabinet affairs Name of organization Barron Collier Companies. Full mailing address of organization 2600 Golden Gate Parkway Na les, Florida 34105 Size of the organization ately 425 employees Number of years of performance 1 ear Contact person at the organization named above who can verify the performance. Name Tom Jones, Director of Government Affairs Phone: 239-262-2600 Fax: 239 - 403 -68008 Activities: Assist with DEP permitting of waste water recycling facility Name of organization Florida Department of Community Affairs Full mailing address of organization 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 Size of the organization ately 425 employees Number of years of performance 4 years 7/99- 8/2003 Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 10D September 27, 2005 Page 15 of 117 Contact persons: Steven M. Seibert, former Secretary of the Department; Colleen Castille, former Secretary of the Department Seibert Phone: 850 - 321 -9051 Fax: 850 - 894 -9071 Castille Phone: 850- 245 -2011 Fax: 850- 245 -2021 Activities: I served as General Counsel for Secretary Seibert and General Counsel, then Assistant Secretary for Secretary Castille. My responsibilities for both included legislative efforts on growth management and all programs for the agency. The highlight of my service was helping to pass the 2002 growth management reforms, the culmination of efforts with a task force and two legislative sessions. 9. List of Clients 2005 Lobbying Clients of Cari Roth: Charlotte County (Jointly with Bitner and Associates) Manatee County Sarasota County City of Coral Springs, Florida City of North Lauderdale, Florida City of Pembroke Pines Florida State University Schools, Inc. Lykes Bros. Inc. Bonita Bay Group (2005 session) From 1999 -2003 Cari Roth represented the Florida Department of Community Affairs. In her prior private practice experience she represented BellSouth Mobility, the Florida Association of Special Districts, the Florida Mosquito Control Association, the Florida Occupational Therapy Association, the Florida Psychological Association, Mitigation Solutions, the Florida Water Quality Association and GATX Terminals Corporation. 10. Professional Associations: Ms. Roth, Ms. Auger and Ms. Proctor are members of the Florida Bar. Ms. Auger and Ms. Roth are both members of the Florida Association of Professional Lobbyists, an Association which works to maintain the ethics of the profession. Ms. Roth is also a member of the Florida Association for Intergovernmental Relations, a group of local government lobbyists who meet regularly throughout the session to help keep each other appraised of common issues and coordinate efforts. Ms. Roth serves on several committees of FAIR. Ms. Roth also attends meetings of the Florida Association of Counties and works Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" closely with their in -house lobbyists throughout the has also sponsored several FAC functions. Ms . Executive Council of the City, County and Local Florida Bar. agenda Item No. 10D September 27, 2005 Page 16 of 117 legislative session. The firm Roth is a member of the Government Section of the Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Cad L. Roth - Shareholder Relevant Experience. Agenda Item No. 10D September 27, 2005 Page 17 of 117 Bryant Miller & Olive, P.A. December, 2003 to present Shareholder in 5 city, 21 attorney firm specializing in a legal and legislative practice focused on land use, environmental, growth management and infrastructure issues, intergovernmental relations, and state and local government finance. Florida Department of Community Affairs March 2003 - July 2003 Assistant Secretary Principal administrative officer of 425 employee state agency. Advised agency head, coordinated with other. members of administration and lobbied legislature on legislative growth management and proposed merger issues. Headed the Department's planning effort in advance of proposed merger. Directed budgetary, financial, human relations, communications, legal and legislative personnel and division directors. Florida Department of Community Affairs July 1999 - March 2003 General Counsel Directed legal office of state agency with responsibility over growth management, emergency management, and community housing and development. Served as interim director of the Division of Community Planning from July 2001 - December 2001 while continuing to serve as General Counsel. Advised agency head and administration on growth management issues and served as principal legislative representative for the Department on these issues. Assisted head of agency on other policy and administrative issues. Frequently represented Department in speaking opportunities before various interest groups as well as professional education seminars. Lewis, Longman & Walker, P.A. July 1994 - June 1999 Founding shareholder of 3 city, 18 attorney firm specializing in government affairs and environmental and land use law. Approximately 60% of my practice was comprised of legislative affairs. Legal practice was focused on Florida administrative law with an emphasis on land use law, representing both private developers and local governments. Messer, Vickers, Caparello, Madsen, Lewis, Goldman & Metz, P.A. October 1983 - June 1994 (Partner since January 1987) Shareholder in Tallahassee office of firm specializing in government affairs and administrative law. Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 10D September 27, 2005 Page 18 of 117 office of Representative Dale Patchett Legislative Session, 1980 Assisted with constituent correspondence and legislative analyses for Representative Patchett. Training, Education, Degrees, Certificates: Florida State University College of Law Juris Doctor received May 1983. President, Student Bar Association, 1982 Student Member, Faculty Appointments Committee, 1981 & 1982 Finalist, Moot Court Competition, 1981 Florida State University BS received June 1979 Major - Government; Minor - English Graduated Cum Laude; Dean's List Other Information: Rated "AV" by Martindale - Hubbell Leadership Florida Institute Advisory Board, 2003 - present Leadership Florida Graduate, 2002 Member, Second Judicial Circuit Professionalism Committee, 2003 - present Florida Bar Association, City, County and Local Government Section; Executive Council, 1997 - present; Chairman Legislative Committee 1995 -1997 Florida Bar Association, Environmental Land Use and Law Section, Executive Council member 1987 -1995; Editor, Section Reporter, 1986 -1988; Chairman Legislative Committee 1990 -1995 American Bar Association, member State and Local Government Section, Natural Resources Committee Capital Women's Network Leadership Tallahassee Alumni Association Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 10D September 27, 2005 Page 19 of 117 Barbara D. Auger - Shareholder Bryant Miller & Olive, P.A. July, 2004 to present Shareholder in 5 city, large firm specializing in a legal and legislative practice focused on land use, environmental, growth management and infrastructure issues, intergovernmental relations, commercial real estate and state and local government finance. Tow Cardenas, LLP April 2003 to July 2004 Shareholder in city, 21 attorney firm specializing in a legal and legislative practice focused on land use, environmental, growth management and infrastructure issues, intergovernmental relations, and state and local government finance. Auger Law Firm, L.L.C. October 2001 -April 2003 Counselor I formed the Auger Law Firm to advocate for private and public sector clients in legislative and governmental matters. In April 2002, 1 co- founded Auger & Blanton, L.L.C., a governmental consulting firm, to expand my ability to consult with and assist clients in executive, cabinet and legislative matters. Department of Management Services September 2000 - October 2001 Deputy Secretary I served as the Agency's Deputy Secretary, working closely with the Secretary and Governor's Office to implement the Governor's agenda to reform State Government operations. I managed the Office of Legislative Affairs, General Counsel, Communications and Budget. I served as the chief policy maker and legal advisor to the Agency Secretary and coordinated all aspects of the Agency's legislative agenda. Department of Business and Professional Regulation March 1999 - September 2000 General Counsel After four months of serving in the position of Deputy General Counsel, I was appointed to the office of General Counsel. I was responsible for an 80- member legal office charged with enforcement of the rules and regulations of the businesses and professions licensed by the Agency. I served as legal advisor to Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 10D September 27, 2005 Page 20 of 117 the Agency Secretary and Office of Legislative Affairs. I testified before legislative committees and worked closely with the Office of the Governor. I worked closely with the Agency Secretary to initiate the agency's reengineering project. I supervised the Division of Pari- Mutuel Wagering and the Florida State Boxing Commission. Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. April 1991- March 1999 1 joined the firm as a law student in 1991 and became a shareholder in 1997. 1 served on the firm's Executive Management Committee from 1997 -1999. Member: Litigation Department. Areas of focus: Employment Law, Family Law, Civil and Commercial Litigation, Telecommunications /Regulatory. Training Education Degrees, Certificates: Florida State University College of Law Juris Doctor received December 1991. Rollins College BA received May 1989 Major - Psychology; Minor - Communication Dean's List; President's List Other Information: Rated "AV" by Martindale - Hubbell The Florida Bar Tallahassee Bar Association Supreme Court of the United States United States Court of Appeals for the Eleventh Circuit United States District Court, Northern District of Florida Omicron Delta Kappa Leadership Tallahassee Tallahassee Legal Aid Foundation Board Member Adjunct Faculty Member, Florida State University College of Law National Starr Insurance Law Competition, First Place, Best Brief National Criminal Procedure Competition Quarter - Finalist President (Summer'91), Vice- President (Spring '91), Executive Board Member (Summer'90, Fall'90) The Order of Barristers Moot Court Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Theresa Bixler Proctor — Associate Relevant Experience: Agenda Item No. 10D September 27, 2005 Page 21 of 117 Bryant Miller & Olive P.A. May 2003 to present (associate as of September 2004) Associate in 5 city, 21 attorney firm specializing in a legal and legislative practice focused on land use, environmental, growth management and infrastructure issues, intergovernmental relations, and state and local government finance. Ausley & McMullen, P.A. May 2002 through August 2002 Law Clerk in local Tallahassee firm; gained experience in complex commercial litigation, administrative law, bankruptcy, and personal injury. Fuller, Johnson & Farrell, P.A. December 1999 through July 2001 Paralegal for medical malpractice defense team; gained experience managing case files, drafting pleadings, affidavits, and correspondence to facilitate litigation process, and assisting in preparation for mediation and trial. Training. Education, Degrees, Certificates: Florida State University College of Law Juris Doctor received May 2004, magna cum laude Associate Editor, Journal of Land Use and Environmental Law, 2003 -2004 Student Member, Inns of Court, 2003 Member, Phi Delta Phi Stetson University College of Law Fall 2001 through Spring 2002 Honor Roll, Fall 2001 and Spring 2002 Member, Phi Delta Phi Florida State University BS received August 1999 Major — International Affairs Dean's List; Golden Key Honor Society Other Information: Member, Order of the Coif Author, Erosion of Riparian Rights Along Florida's Coast, 20 J. Land Use & Envtl. L. 117 (2004). Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" 0. Agenda Item No. 10D September 27, 2005 Page 22 of 117 Member American Bar Association, Florida Bar Association, and Tallahassee Bar Association; Member Tallahassee Women Lawyers and Young Lawyers Section of the Tallahassee Bar Association Suzanne H. Van Wyk 858 Hill Roost Road Tallahassee, Florida 32312 Home: 850/668 -6361 • Work: 850/224 -7332 EDUCATION May, 1994 Florida State University, Tallahassee, Florida Joint degree: Juris Doctor (with honors) Master of Science in Urban and Regional Planning May, 1988 Birmingham- Southern College, Birmingham, Alabama Double Major: Bachelor of Science in English and Political Science WORK EXPERIENCE June, 2005 to Present: Bryant Miller & Olive P.A., Tallahassee, Florida. Senior Associate. Represent clients in legislative affairs and all aspects of land use and zoning decision- making, including local governments as special land use counsel, private developers in development and zoning applications and challenges thereto, and citizens' groups and individuals opposed to specific development proposals in their communities. November, 2004 to April 15, 2005: David A. Theriaque, P.A., Tallahassee, Florida. Senior Associate. Represent clients in all aspects of land use and zoning decision - making, including local governments as special land use counsel, private developers in development and zoning applications and challenges thereto, and citizens' groups and individuals opposed to specific development proposals in their communities. January, 2002 to October, 2004: Leon County Attorneys' Office, Tallahassee, Florida. Assistant County Attorney. Represented the County in land use and growth - management litigation, subdivision and plat approvals, site and development plan approvals, and enforcement of environmental Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" 1p 0 Agenda Item No. 10D September 27, 2005 Page 23 of 117 management regulations. Draft ordinances to implement Board of County Commissioners' policies on numerous issues, including amendments to the Comprehensive Plan, land development regulations, and assessment of property for additional tax exemptions. Attend Board of County Commissioners' meetings, and advise the Board in the absence of the County Attorney. Attend County Code Enforcement Board and Construction Licensing Board meetings, and advise staff and the Boards on enforcement issues, voting conflicts, due process, and substantive interpretation of the codes. Advise staff in Community Development, including Housing and Human Services, Code Enforcement, Growth Management, and Planning and Environmental Services. Review subdivision documents, including plats, conservation easements, covenants and restrictions for compliance with statutory and code requirements, prior to action by the Board of County Commissioners. August, 1998 to December 2001: Florida Building Commission, Tallahassee, Florida. Staff Attorney. Primarily responsible for advising Commission members and technical advisory committee members during implementation of the statewide uniform building code law, development of the Florida Building Code, and development of the education/training, product approval, and information systems to support the Code upon adoption. Duties also included drafting, negotiating, and lobbying legislative issues for the Commission; drafting, coordinating, and defending rulemaking initiatives for the Commission; advising the Accessibility Advisory Council and the Commission regarding applications for waiver from requirements of the state's accessibility laws; advising the Commission on petitions for declaratory statement regarding the statutes, rules and orders applicable thereto; drafting waiver orders, and other related administrative orders on behalf of the Commission Chairman; responding to correspondence and telephone inquiries for the Commission Chairman, Department Secretary, and the Governor regarding the Commission's activities. Further, as the Commission is staffed by the Department of Community Affairs, this position also served integral functions of the General Counsel's office within the Department. December, 1995 to July, 1998: Florida Senate, Committee on Community Affairs, Tallahassee, Florida. Legislative Analyst. Prepared written analyses of bills heard in Committee; responded to Senators' requests for information and assistance for their constituents; responded to citizen inquiries regarding proposed and newly enacted legislation; conducted research on the legal, Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" May, 1994 to November, 1995: PUBLICATIONS Agenda Item No. 10D September 27, 2005 Page 24 of 117 economic, and other impacts of proposed legislation; drafted bills and amendments to implement committee proposals; conducted research and exchanged information with federal, state, and local agencies regarding committee proposals, designed and conducted interim projects, and reported and collaborated with other Committee staffs for group interim projects. Major areas of responsibility included growth management, natural resources, special districts, and local government revenues and financing. Florida Department of Community Affairs, Tallahassee, Florida. Assistant General Counsel. Managed own caseload of comprehensive plan consistency challenges, Area of Critical State Concern and Development of Regional Impact development order appeals. Represented the Department in administrative and circuit court hearings, and in settlement negotiations. Responded to citizen inquiries regarding rights and remedies under the Growth Management Act. Met with and advised local governments regarding changes in the growth management legislation. Advised and assisted the General Counsel on various projects including proposed legislation, drafted final orders, and researched issues. Coordinated preparation of the agency's subject matter index of orders. "Legislature Implements New Florida Building Code." Co- author, Rick Dixon, Executive Director, Florida Building Commission. Quality Cities, Florida League of Cities, July /August, 2001. "Chapter 2000 -141, Florida Laws: Administrative Procedural Aspects of the New Building Code Law." Two -part article published by the Florida Bar in the Administrative Law Section Newsletter, Volume XXII, Nos. 2 and 3; December 2000 and March 2001. "Lessons of a Government Lawyer /Lobbyist." The Florida Bar, Government Lawyer Section Reporter, Volume VIII, No. 1; Fall 2000. "An Overview of Developments of Regional Impact and Florida Quality Developments." Co- author, Jacob D. Varn; Growth Management Short Course, Florida Chamber of Commerce, April, 1993. SELECT SPEAKING ENGAGEMENTS Panelist on "The New Florida Building Code," a discussion of the differences between the South Florida Building Code and the Florida Building Code, sponsored by The Pearson Group, Miami, Florida, October 19, 2001. Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" , Agenda Item No. 1 OD September 27, 2005 Page 25 of 117 "How Local Governments Can Prepare for the New Florida Building Code." Florida Municipal Attorneys' Association 20th Annual Seminar, Amelia Island Plantation, July, 2001. "Administrative Law Issues Related to Implementing the New Florida Building Code." 2000 Pat Dore Administrative Law Conference, Tallahassee, Florida, June 19, 2000. PROFESSIONAL MEMBERSHIP • The Florida Bar - Administrative Law Section; Government Lawyer Section; City, County, and Local Government Law Section • American Planning Association/Florida Chapter • Tallahassee Women Lawyers - President -Elect • National Association of Women Lawyers Bryant Miller & Olive P.A. Response to Collier County's RFP #05 -3883 - "Professional State Lobbyist Services" Agenda Item No. 10D September 27, 2005 Page 26 of 117 1. 11W1ll!. K EITI•N S rCIATES U' Nts G 0 Y, E IS j Table of Contents Business History ................................. ..............................1 Introduction to Key Personnel. Firm Organizational Chart ................... ..............................4 Resumes ........................................... ..............................5 Lobbying Successes ............................. .............................10 References ............................................... .............................13 Collier County's Lobbying Needs ................... .............................14 Location of Firm / Communication ........... .............................17 Teamwork/Task Resolution. Conflict of Interest Statement ................. .............................20 Proposer's Qualification/Clients /Statement of Litigation ............ 21 References /Cost Proposal ...................... .............................22 Insurance Requirements ....................... .............................24 Sample of Certificate of Insurance ........... .............................26 Proposer Checklist ............................... .............................27 Declaration Statement .......................... .............................28 Addendum/Additional Information Cost Proposal Description ...................... .............................29 Website Sample ................................... .............................30 Sample of Legislative Update ................... .............................31 Schedule of Legislative Visit .................... .............................33 Sample 2005 Legislative Summary ............ .............................34 Agenda Item No. 10D September 27, 2005 Page 27 of 117 1. Business History With our main office located in Tallahassee, Florida, two blocks from the State Capitol, at 201 W. Park Avenue, and with a full -time presence in Southwest Florida, the governmental lobbying firm of J. Keith Arnold & Associates, Inc. is uniquely qualified to provide Collier County with effective, focused, experienced representation before the Florida Legislature, Governor and Cabinet, and state agencies. J. Keith Arnold & Associates, Inc. is comprised of sole principal, Keith Arnold, and two associates /staff, Brett Bacot, and Leland Taylor. In addition, JKA employs part-time employees during legislative sessions to assist with administrative duties, research, and bill tracking. The firm is multifaceted with twenty years of consulting experience, and has accumulated an impressive record of legislative successes in various issue areas. In addition to our governmental consulting experience, our sole principal served in the Florida House of Representatives, accumulating a wealth of inside knowledge of the legislative process. J. Keith Arnold & Associates has evolved from Arnold & Blair and Florida Lobby Associates over the past eight years, with Mr. Arnold serving as sole principal. Drawing from his experience in governmental consulting to create J. Keith Arnold, Keith served the citizens of Southwest Florida as an elected public official, co -owned a consulting firm, Arnold & Blair, for four years, and worked as a governmental consultant with Florida Lobby Associates for four years. Mr. Arnold, who would serve Collier County as the principal contact, has eight years of governmental consulting experience and sixteen years experience in the Florida Legislature. Mr. Arnold maintains a full -time residence in Fort Myers, Florida as well as maintaining local business interests in Collier County, which predicates his ready accessibility to Collier County Board members and administration. We believe close ties and active involvement in the local community facilitates a unique understanding of Collier County's legislative needs. As a result, J. Keith Arnold & Associates can provide a higher level of service and make weekly personal contact on an as needed basis at no additional costs to the County. J. Keith Arnold & Associates is the legal entity formed under the laws of Florida acting under Closure Group Inc., which is a sub—S corporation filed with the Department of State in Tallahassee. Closure Group, Inc. is doing- business -as (d.b.a.) J. Keith Arnold & Associates for all consulting services. Mr. Arnold serves as president of both entities. If selected, Closure Group, Inc. will enter into contractual agreement with Collier County. Agenda Item No. 10D September 27, 2005 Page 28 of 117 Any questions regarding this proposal may be directed to: Keith Arnold 201 W. Park Avenue, Suite 100 Tallahassee, Florida 32301 Phone 850 -222 -8188 keithna ikamold.com Brett Bacot 201 W. Park Avenue, Suite 100 Tallahassee, Florida 32301 Phone 850- 222 -8188 brettA, karnold.com 2. Introduction to Key Personnel Keith Arnold is a fifth generation Floridian from Ft. Myers who served in the Florida House of Representatives for sixteen years. In 1982, at 23 years old, he was the youngest member elected to the House, and at the age of 28 became the youngest majority leader in state history. He has served in a number of other leadership posts, including Chairman of the Tourism and Cultural �- Affairs Committee and Chairman of the Postsecondary Education Committee. From 1992 through 1996 he was Chairman of the Appropriations Sub - committee on Education, responsible for the state's $14 billion education budget including all Pre K, K -12, Community College, and State University funding. Keith has been recognized and honored by numerous organizations for his leadership and dedication serving the people of Southwest Florida. Mr. Arnold is sole principal of J. Keith Arnold & Associates and plays a critical role in the planning of legislative strategies regarding all legislative and executive branch issues. He also is the key participant on all interaction with all elected state officials and agency personnel for the firm. (Please see resume on page 5) Brett Bacot has nine years experience in the legislative process and during that time has worked on various issues, specializing in healthcare, appropriations, and local government issues. He has worked as a legislative aide in the Florida House of Representatives and has done grass roots advocacy work on public interest issues with a national public interest research group, and holds a Master's Degree in Applied American Politics form Florida State University. Brett is a registered lobbyist, oversees the legislative tracking, conducts issue research, and heads communication services for the firm. Brett and Keith have worked together for eight years in the governmental consulting field. Over this time Mr. Bacot has become intimately familiar with negotiating the legislative process, meeting deadlines and obtaining successful results in both substantive and special appropriations for clients. (Please see resume on page 8) 2 Agenda Item No. 10D September 27, 2005 Page 29 of 117 Leland Taylor is a graduate of the Florida Coastal School of Law, earning a Juris Doctrate degree (Florida Bar Applicant). He is also a graduate of Florida State University with a Bachelor of Science degree in Political Science. Leland has three years experience in the legislative process. He has worked on several successful campaigns and specializes in fundraising and campaign management. In addition, he is a registered lobbyist and specializes in growth management and local government issues. He has served as a board member for the Center for Strategic Government & International Initiatives, as a past Vice - President of the Student Bar Association, is a member of the American Association of Political Consultants, and is a member of Florida Association of Professional Lobbyists. Leland began as an intern with Keith at Arnold & Blair and learned the legislative process quickly. Upon earning a J.D., he has returned to work for JKA as a lobbyist and specializes in fundraising and campaign consulting. (Please see resume on page 9) We believe the underlying criteria for a successful legislative program can be organized into three distinct categories: L Effective Communication between Client and Consultant Z Knowledge of the Legislative Process 3. Experience of the Lobbying Firm Effective and responsive communication between the client and consultant is the foundation for developing a successful legislative strategy. Identifying Collier County's priority issues and facilitating those priorities to the legislative delegation is a major key to the ultimate success of a legislative package. J. Keith Arnold & Associates will assist in developing Collier County's legislative program by meeting with key contacts to develop strategies on priority issues and to facilitate the County's priorities to the local Collier County Legislative Delegation. Members' early awareness of issues is key to the future success of legislation through the process, and it is vitally important for any special appropriations requests. As referenced earlier, our permanent presence in Southwest Florida guarantees effective and direct communication between our firm and Collier County's key contacts. This open line of communication will facilitate our efforts in legislative strategy and implementation. J. Keith Arnold & Associates personnel have over thirty three years of experience and knowledge at all levels of government. In addition, our staff has several years experience in the legislative process both in substantive and budgetary matters. A thorough understanding of the legislative process enables JKA to maneuver through the immensely complex web of the legislative process. With approximately 260 out of 2600 bills filed ultimately passing last year, our understanding of the process is vitally important to obtaining legislative goals. 3 Agenda Item No. 10D September 27, 2005 Page 30 of 117 Mr. Arnold possesses an intimate knowledge of state government based on years of service. Many invaluable relationships were forged when Keith served with today's top state officials during his sixteen year tenure with the Florida Legislature, providing Collier County with unhindered access to elected officials and top state government policymakers. As demonstrated by the chart on the next page, JKA organizational structure is set up to provide responsive communication between client and firm, effective coordination of activities, distribution of information, and most importantly accountability. All decisions and consulting activities will ultimately end with Mr. Arnold, who will serve as the main contact with Collier County. Lobbying Services: Arnold, Bacot, Taylor J. Keith Arnold & Associates Organizational Chart Keith Arnold- President Client Communications/ Issue Research: Arnold, Bacot, Taylor 4 AdminBook- keeping: Maureen Arnold Client Development: Arnold. Bacot. Tavlor i J. KEITH ARNOLD INTRODUCTION Agenda Item No. 10D September 27, 2005 Page 31 of 117 Keith Arnold is a lifelong resident of Ft. Myers, and a fifth generation Floridian. His family first came to the Southwest Florida area over a century ago, and as such he has a unique appreciation for the challenges faced by one of the fastest growing communities in the nation. He currently resides in Lee County with his wife Maureen and their two sons J. Keith "Jay ", Jared Thomas, and their daughter Natalie. EDUCATION 1981 Florida State University Tallahassee, Florida Bachelor of Arts in Economics and Government 1979 Edison Community College Ft. Myers, Florida Associate ofArts Present Rice School at Barry University Ft. Myers, Florida He is currently seeking a Masters Degree in Pastoral Ministry 1982-1998 Served in the Florida House of Representatives At 23 years old, Keith Arnold became the youngest member of the Florida House of Representatives in 1982. He served in a variety of capacities during his 16 years of legislative service, including becoming the youngest Majority Leader of the House in state history. He concluded his tenure in leadership positions by chairing the budget committee for education appropriations, responsible for funding all the state's K -12 schools, community colleges, and university needs. His chairmanships include: 1984 - 1986 Vice - Chairman, Tourism and Economic Development Committee 1986 - 1988 Chairman, Tourism and Cultural Affairs Committee 1988 - 1990 Majority Leader 1990 - 1992 Chairman, Postsecondary Education Committee 1992 - 1996 Chairman, Education Appropriations Sub- Committee During his legislative career, Keith was able to sponsor or co- sponsor hundreds of legislative initiatives. Among those that stand out were bills that successfully created the Florida Communities Trust Program, now a $70 million annual land acquisition program, the Florida Workforce 201 WEST PARK AVENUE SUITE 100 • TALLAITASSF.E, FLORIDA 32301 PHONE 850/222 -8188 • FAX 850/222 -8199 • E -MAIL KEITFI ®)KARNOLD.COM Agenda Item No. 10D September 27, 2005 Page 32 of 117 Development Program -a component of welfare reform, and Enterprise Florida, and Florida Gulf Coast University — at the time, the only new public university being built in America. BUSINESS EXPERIENCE HIGHLIGHTS 1986-1999 Since 1986, Keith has been active in the real estate and title insurance industries. He has both worked for and owned small portions of title insurance underwriters and agencies. Through national consolidations and acquisitions, the title insurance underwriter side of the business evolved to relatively few players. Among those that Keith has had an affiliation with are: Title U.S.A. Security National Title and Guarantee Company American Pioneer Title Insurance Company Alliance Title of America Heritage Title Insurance Company, Ltd. Keith has had a Florida Real Estate License for almost twenty years and has been licensed with the Daltroff Investment Corporation for the last 14 years. 1998 - Present — Sole Principal of J. Keith Arnold & Associates. J. Keith Arnold & Associates evolved from Florida Lobby Associates, Inc., and Arnold & Blair, L.C. which was founded in 1998 as a multifaceted governmental consulting firm. Keith is also President of Closure Group, Inc. Keith has received dozens of awards and recognitions, particularly for his governmental service. A considerable number of these awards have been from organizations associated with the environmental, arts, and educational movements. Most notable among these are several "Legislator of the Year" awards from the Florida School Board Association, the Florida Board of Regents, and the Florida Community Colleges Association. He was also chosen as a co- recipient for "Man of the Year" for 1995 by the News Press. COMMUNITY SERVICE Over the years, Keith has been involved in numerous local community groups and charities including the Salvation Army, Redlands Christian Migrant Association, and Serenity House, a drug and alcohol addiction program. 6 Agenda Item No. 10D September 27, 2005 Page 33 of 117 Currently, Keith serves on: Board of Directors of the Commerce Bank of Southwest Florida Board of Trustees of International College Lector at Saint Cecilia's Church Board of Directors for St. Francis Xavier School in Fort Myers, Florida Executive Committee for the Lee Mental Health Capital Campaign 7 Agenda Item No. 10D September 27, 2005 Page 34 of 117 BRETT R. BACOT 5841 Countryside Drive - Tallahassee, Florida 32317 Phone 850/878/1742 - Cell 850/445/1465 • E -mail brett@jkarnoldcom EDUCATION 1993 - Florida State University, Tallahassee, Florida Master of Science - Applied American Politics 1990 - Florida State University, Tallahassee, Florida Bachelor of Science - Political Science, Minor - Communications PROFESSIONAL EXPERIENCE 1997 - Present; J. Keith Arnold & Associates, Florida Lobby Associates, Arnold & Blair, L.C., Tallahassee, FL I xhbyistl Research Analyst • Extensive experience in both substantive and budgetary legislative processes • Conduct special research projects for clients • Analyze various statutes and legislative issues • Manage legislative bill tracking for various clients • Assist in coordinating legislative strategy • Write legislative newsletters for publication • Responsible for training new employees in legislative process • Created and currently maintain company website 1992 -1999; Groove Merchants, Inc., Tallahassee, FL President, Music Entertainment • Accountable for all operations of business • Developed communication skills through interaction with clients • Responsible for client development 1990 -1991; Florida House of Representatives, Tallahassee, FL Legislative Intern • Researched issues for constituents • Responsible for all communications with district office • Accountable for tracking sponsored /cosponsored bills through legislative process 1989 April - August; California Public Interest Research Group, Los Angeles, CA Political Canvasser + Researched consumer and environmental issues for organization • Communicated policy positions with advocates 8 Agenda Item No. 10D September 27, 2005 Page 35 of 117 Leland M Taylor 201 W Park Avenue Suite 100 Tallahassee, FL 32301 (850)191- 2541 -- Email: lelandna jkarnold.com EDUCATION FLORIDA COASTAL SCHOOL OF LAW Jacksonville, FL Juris Doctorate: May 2005 ♦ Vice President Student Bar Association — Elected two terms (2003 -2004 / 2004 -2005) ♦ Vice President Moot Court Honor Board (2004 -2005) ♦ Moot Court Honor Board Member (2003 -2005) ♦ 55`s Annual Moot Court Competition Team Member (Fall 2004) ♦ Center for Strategic Governance & International Initiatives Board of Directors (2002 -2005) ♦ Law & Business Enterprise Forum Board of Directors (2004 -2005) ♦ Student Bar Association Legislator (2002 -2003) FLORIDA STATE UNIVERSITY Tallahassee, FL Bachelor of Scknce Degree: December 2001 Major: Political Science Minor: History GPA: 3.34 ♦ Student Government ♦ Speech & Debate Team (Awarded Nationally) EXPERIENCE J. Keith Arnold & Associates Tallahassee, FL Government Affairs Consultant/Lobbylst (January 2005 — current) ♦ Research various statutes and legislative issues for clients ♦ Legislative Bill Tracking ♦ Engaged various Iegislators and their staff to promote client interests ♦ Produced detailed reports of legislative developments ♦ Consultant: local & state political issues /candidates ♦ Administered and monitored fundraising activities FIRST HOME BUILDERS OF FLORIDA Fart Myers, FL Government Affairs Consultant (Summer 2004) Intern/PersonalAssistant: Founder & Owner (Summer 2003) ♦ Consultant: local & state political issues /candidates ♦ Administered and monitored fundraising activities ♦ Monitored local support and volunteer efforts as political landscape developed BLANK, MEENAN, & SMITH Tallahassee, FL Legislative AssistantTntern (Legislative Session 2002) ♦ Reviewed daily legislative calendars for committee meetings and important client matters ♦ Expedited important legal documents to various state agencies ♦ Tracked various legislation as it progressed through the legislative process SKILLS ♦ Research and development of persuasive arguments (Legal Research: Westlaw & Lexis) * Ability to effectively deal with various types of individuals in solving complex problems in pressure situations 6 Agenda Item No. 10D September 27, 2005 Page 36 of 117 3. Lobbying Successes A governmental consulting firm's effectiveness in representing clients should be reflected in the lobbying successes on behalf of those clients. J. Keith Arnold & Associates' personnel have demonstrated effectiveness over the years with numerous substantive and budgetary victories on behalf of our clients. Lobbying successes were only possible with the hard work and dedication of local delegation members, local officials and clients working together as a team to pursue successful legislative outcomes. In addition, Mr. Arnold's lengthy experience as state legislator working inside the legislative process has enabled our firm to gain invaluable expertise in both substantive and budgetary issues. During this time, long lasting relationships have been developed with many of today's top leaders in both the legislative and executive branches of Florida government. With an increasing number of budget line items vetoed by the Governor each year, and approximately 10% of 2600 bills passed each year, we believe our legislative experience would provide Collier County a unique opportunity to meet legislative goals. (Please see below for a SAMPLING of noteworthy consulting successes) Appropriations Successes The Metro - Parkway Extension- 2001 $15,000,000 The Metro - Parkway Extension project is one of the projects included in DOT's $116, 000, 000 TOPS program. The Metro - Parkway Extension will give drivers another north -south route by extending Metro Parkway from the Alico Road - U. S. 41 interchange north into Ft. Myers. This new construction is expected to relieve some of the congestion on 1 -75. The Metro - Parkway Extension was funded for $15, 000, 000. Golden Gate Corridor- 2002 $7,450,000 The Golden Gate Corridor Project proposes the widening of the Golden Gate Corridor in Collier County which would ease traffic flow along affected roadways and increase economic efficiencies as a result of improved traffic flow. Palmetto Avenue- 2002 $6,000,000 The Palmetto Avenue Projects calls for widening the corridor to four lanes and an eventual extension south of Colonial Boulevard to link to Plantation Road, which continues south all the way to six mile Cypress Parkway, thereby providing a nine mile north -south corridor running parallel to and relieving SR 739 (Alternate 41), US 41 and 1-75. 10 Agenda Item No. 10D September 27, 2005 Page 37 of 117 • Treeline Avenue -2001 $490009000 The Treeline Avenue project is also one of the projects in DOT's $116, 000, 000 TOPS program. The Treeline Avenue near Southwest Florida International Airport will be extended between Alico Road and Daniels Parkway. This will be a critical component of the expansion of Southwest Florida International Airport because it will lead to and from the airport's new entrance between Alico Road and Daniels Parkway. This north -south route is also expected to relieve some of the congestion on I -75. • Imperial River Bridge/Widen US 41- 2002 $4,000,000 As part of DOT's TOPS program, the Imperial River Bridge Project is a critical component of easing traffic flow in Lee County. This project will serve to increase efficiency of traffic flow for project area. • Streetscape, City of Ft. Myers- 2003 $1,000,000 Secured Emergency Funding for Streetscape Design and Construction Enhancements project in downtown Ft. Myers. • Gator Slough Water Project- 2003 $500,000 The Gator Slough Watershed Enhancement and Management Project will capture the excess flow in Gator Slough and divert it to the City of Cape Coral 's fresh water canal system to be used for irrigation. • Lee County Juvenile Assessment Center -2001 $210,000 The citizens of Lee County have put years of planning and effort toward developing the Lee County Community Assessment Center. The county has leveraged its own resources for the physical structure with the understanding that the State intended to provide operating expenses, as it has with other assessment centers in the state. The Lee County Juvenile Assessment Center was built at a cost of S2, 500, 000 to the citizens of Lee County. Ruth Cooper Center Crisis Stabilization Unit- 2001 $180,000 Due to the closure of G. Pierce Wood Memorial Hospital, Lee County is facing a severe shortage of mental health beds. The Ruth Cooper Center Crisis Stabilization Unit will benefit Lee County by easing this problem. The Ruth Cooper center will provide service to Charlotte, Collier, Desoto, Glades, Lee and Sarasota Counties. • Collier County Beach Re- nourishment - 2005 $16 million Accelerate the maintenance nourishment of the Collier County Beach Restoration Project located at Vanderbilt Beach, R22 — R31, Parkshore TSO — T54, and Naples R58 — R78. 11 Agenda Item No. 10D September 27, 2005 Page 38 of 117 Conduct dune restoration activities at Delnor- Wiggins $3.8 million State Parr R17 — R22. In addition to the above appropriations successes, JKA has assisted in securing various state grants for local governments in Historic Preservation, Cultural & Arts, Florida Recreation Development Assistance Programs (FRDAP), Florida Communities Trust, and Front Porch. Substantive Lobbyine Successes • Successful Passage of the DunbarBellVue Annexation Local Bill- Local annexation bill • Passed the Collier County Sewer and Water District local bill • Supported the Department of Transportation's State Infrastructure Bank bill • Secured funding for several transportation projects through the legislative process • Opposed the Cross Reporting of Family Violence Act on behalf of Collier County • Worked with Collier County to defeat the Impact Fee bills in 2005 • Lobbied state representatives to oppose unfunded Medicaid Mandates • Mr. Arnold was part of a team of consultants representing Charlotte County on the specific issue of the Charlotte County Sheriff s Office Budget Appeal before the Governor and Cabinet. The data presented to the cabinet was instrumental in influencing the sheriffs office to accept a compromise offered by Charlotte County, considered a victory by the county. • Successfully assisted in blocking expansion of non - county EMS services during the 2005 Session • Assisted in the passage of the Southwest Florida Transportation Authority bill • Passed local bill, HB 1055 Establishing Special Trauma Taxing District in Lee County • Opposed Medicaid Nursing Home Contribution Increases on behalf of Counties • Tracked and updated commission re: Lee County Waste to Energy Facility Permit Status • Passed the Lee Memorial Enabling Act Amendment J. Keith Arnold & Associates has represented five public entities over the past several years, while currently-representing three public entities. One of J. Keith Arnold & Associates' public clients is a county who is a member of the Southwest Florida Legislative Consortium. Our firm continues to 12 Agenda Item No. 10D September 27, 2005 Page 39 of 117 work together with the consortium and local elected delegations to pass legislative priorities identified each session. J. Keith Arnold & Associates almost exclusively contracts with public and private not - for -profit organizations in Southwest Florida. Despite the unique nature of listing Collier County as a reference, we believe it to be an important reference in demonstrating our positive past working relationship with the county. Representing a limited number of public entities, our firm has gained valuable experience dealing with numerous elected officials, various local boards, and navigating with sensitivity the needs of those represented on important issues. Our experience managing projects simultaneously for public entities has allowed us to meet the challenges of multitasking and problem solving on behalf of our clients. References: Lee County Bob Janes, County Commissioner District 1 Board of Lee County Commissioners PO Box 398 Ft. Myers, FL 33902 Phone- 239 - 335 -2499 Fax- 239 - 335 -2262 Email -distl ,leegov.com City of Fort Myers The Honorable Jim Humphrey, Mayor City of Fort Myers PO Drawer 2217 Fort Myers, FL 33902 Phone- 239 - 332 -6600 Fax- 239 -332 -6131 Email- mayorhumphrey(a-) cityftmyers corn Lee Memorial Health System Jim Nathan, CEO Lee Memorial Health System PO Box 2218 9800 S. HealthPark Drive, Suite 200 Ft. Myers, Florida 33908 Phone- 239 - 985 -3502 Fax- 239- 985 -3542 Email- iimnathanaleememorial org 13 Agenda Item No. 1 O September 27, 2005 Page 40 of 117 Charlotte County Bruce Loucks, County Administrator 18500 Murdock Circle Port Charlotte, Florida 33948 Phone - 941- 743 -1944 Fax- 941 - 743 -1554 Email- bcc administrationa-charlottefl.com Collier County Beth Johnsen, Former Assistant to County Manager 64 Pebble Beach Blvd. Naples, FL 34113 Phone- (239) 325 -7321 Fax- NA Email- beth2424 @comcast.net 4. Collier County's Lobbying Needs J. Keith Arnold & Associates will assist in developing Collier County's legislative program by meeting with key contacts to develop strategies on priority issues and to facilitate the County's priorities to the local Lee County Legislative Delegation. Members' early awareness of issues is key to the future success of legislation through the process, and it is vitally important for any special appropriations requests. The special appropriation requests are time sensitive and state forms (CBIRs) must be completed and submitted by deadlines set by the legislature. J. Keith Arnold & Associates has years of experience in successfully submitting and obtaining funding through the CBIR process. The legislature currently plans take up a growth management "glitch bill" to improve SB 360, which passed during the 2005 Session. We have forwarded the House Growth Management Committee's request for improvements to the County, and the County has responded with several key recommendations to the committee, which J. Keith Arnold & Associates will work to include in the glitch bill. Through our firm's close work with the County we have identified on the next page some of the most important issues facing the County in the coming years. Identified Collier County Legislative Issues Growth Management: Coneurrency- Provisions for concurrency management systems, proportionate fair share payments and financially feasible capital improvements appear to be internally inconsistent, undoing Collier County's strict concurrency requirements on transportation. The glitch bill needs to address this among other growth management issues to allow local governments the flexibility to adopt more stringent concurrency guidelines. 14 Agenda Item No. 10D September 27, 2005 Page 41 of 117 Impact Fees - This was one of the most contentious issues last session and will surely be critical in 2006 legislative session. The bills which the county opposed, SB 2302 and HB 1173 were defeated, however as a compromise, a task force was created to study impact fees. The Impact Fee Taskforce was created in SB 360 to survey and review the current use of impact fees as a method of financing local infrastructure to accommodate new growth and to review current case law controlling the use of impact fees. The taskforces' report is due to the Governor on February 1, 2006. Rural Stewardship- Within areas predominantly agricultural, rural, open, open - rural, or a substantively equivalent land use, planning and economic incentives are applied to encourage the implementation of innovative and flexible planning and development strategies. School Planning- A School Concurrency Task Force has been created to review the requirements for school concurrency in law and make recommendations regarding streamlining the process and procedures for establishing school concurrency. Transportation Indexing of the Local Option Gas Tax- This proposed legislation would authorize that the local option fuel tax be annually indexed to the Consumer Price Index to allow the purchasing power of the tax to be maintained as costs increase over time. There are only two major corridors between Collier and Lee Counties. There is an immediate need for funding of priority transportation projects to alleviate increasing traffic congestion. Altematives to FDOT Work Program funding are needed to deal with one of the state's fastest growing regions. Expansion of I -75 — HB 401 Southwest Florida Expressway Authority passed in 2005 creating the authority to expand I -75 and allow for issuance of bonds and toll operations. Implementation of the transportation authority through inter -local agreements between Collier and Lee Counties will be an important issue as the authority is established. Interchanges at Golden Gate and Everglades Boulevard. - Proposed interchanges at both locations where they intersect I -75. Marco Island Bridge Widening- Proposed lane expansion from 2 to 4 lanes, decreasing hurricane evacuation times off the island. State Road 951 Expansion - through the Collier County Golden Gate area continued improvement to road construction and alignment though Lee County working with Lee County Commission, Airport Management Committee, and the City of Bonita Springs. We will work with,.Collier County make road improvements on SR 951. 15 Agenda Item No. 10D September 27, 2005 Page 42 of 117 Livingston/ImperiaUThree Oaks widening and alignment- A main arterial road running North/South between Collier and Lee Counties, requires aligning and widening in Lee County up to Daniels Parkway to ease congestion. Hurricane Evacuation Routes- Assist in state funding requests for continued improvements to U.S. 41 between East Naples and State Road 951. State Road 29- SR29 serves as an important corridor for goods movement, and a by -pass of I -75 in Collier County. Continued long term planning and whether or not the expansion of SR 29 and SR 82 in Lee County would serve as a useful Naples bypass to relive congestion on I -75, is an issue to be considered by Collier County. Immokalee Road Improvements- Seek funding for road surface improvements to Immokalee Road form Interstate 75 East to the Immokalee area. Health Care Rural Health Initiatives- Many of counties bordering on the Atlantic and Gulf have populations concentrated near the coast, but thinly populated interiors, such as Collier County. Grant funds for rural health programs and providers are available through the Office of rural Health. Long Term Care- Oppose legislation increasing the county share for nursing home and inpatient hospital costs, and support legislation that reduces inpatient hospital costs by limiting county responsibility Unfunded Medicaid Mandates- support legislation requiring the Agency for Health Care Administration (AHCA) to reimburse counties the amount of mandated county contributions when AHCA recovers Medicaid costs from liable third parties. Support legislation that allows counties to re- direct their Medicaid match to fund local health care services or community -based care programs for the elderly. Finally, support legislation recognizing the disproportionate impacts at the county level due to Medicaid caseloads and a county's limited revenue capacity. Transportation Disadvantaged- Support increased funding of Medicaid non - emergency TD funding and monitor the funding formula allocation for Collier County. Environmental: Naples Bay Watershed Initiative- Continued monitoring and funding of project. The project is designed to improve water quality in the Bay by controlling freshwater inflows, treating stormwater runoff and restoring aquatic habitat. Everglades Forever Funding — Continued monitoring and support of Everglades Forever/ CERP funding to complete project as proposed, continue reduction of freshwater drainage in the Fakahatchee Strand. 16 Agenda Item No. 10D September 27, 2005 Page 43 of 117 Beach Re- nourishment- Continued and increased funding for beach re- nourishment and dune stabilization projects in Collier County Red Tide Research- Pursue state funding for the study of Red Tide Algae research in the Gulf of Mexico. Beach closures and fish kills have become more frequent over the past few years and potentially devastating to the county's tourism industry. Funding will be requested for much needed research for understanding the causes of Red Tide. Density Issues on the Coastline- Vanderbilt Beach, a Iocal zoning issue of height and density restrictions. 5. Office Locations, Communication with Collier County Effective and responsive communication between the client and consultant is the foundation for developing an effective legislative strategy. Identifying Collier County's priority issues and facilitating those priorities to the legislative delegation is the first step in the ultimate success of a legislative package. Local proximity of our full -time Southwest Florida presence guarantees effective and instantaneous communication between our firm and Collier County Board members and administration. This open line of communication will facilitate our efforts in successful legislative strategy and implementation. Firm personnel will have a simultaneous presence in Tallahassee and Southwest Florida, which we believe most important to be responsive to the County, while monitoring year around activity in Tallahassee. J. Keith Arnold & Associates will attend Commission Board meetings, legislative workshops, and delegation meetings in Collier County as needed and will be available instantaneously for face -to -face, in person meetings with the County when the need should arise. Our firm believes this to be a major advantage of having a year around presence in Southwest Florida. Legislative and agency rule making developments are monitored year around in the Capitol by our fully staffed Tallahassee office. Timely updates to important information affecting Collier County will be available through our main office. Grant hearings, special sessions, cabinet meetings, and legislative interim projects are just some of the governmental activities that occur year around in Tallahassee, which have direct implications for Collier County. With a presence in both geographic areas of the state, we believe our firm can provide Collier County with a higher level of service, streamlining the lines of communication to provide instantaneous information on all governmental activities. In addition to our local proximity to Collier County, our personnel can be contacted 24/7 through email, cell phones, or via our website. Our personnel utilize the latest in communications technologies such as portable data assistants, laptop computers, and high speed internet. Either in Tallahassee or Southwest Florida, our personnel will be available and responsive to County board members and administration. 17 Agenda Item No. 10D September 27, 2005 Page 44 of 117 6. Teamwork/Task Resolution We believe the most important element to manage projects simultaneously and expeditiously is one of experience in governmental consulting. As stated earlier, our unique experience in both public service and governmental consulting will facilitate a positive outcome for Collier County. Appropriations requests in the form of Community Budget Issue Requests (CBIRs) are especially sensitive to deadlines and timely submittals. Our firm handles on average approximately ten separate requests a year on behalf of clients. Projects are approved working together with the board and legislative sponsors have to be identified. The local delegation must approve the requests and CBIR forms must be filed timely with the legislature (both Senate and House). Lastly the individual items must be guided through the appropriations process with competing projects. After meeting these challenges, our firm will work with the Governor's office to assure final approval to avoid a gubernatorial line item veto. None of which can be accomplished without the cooperation of the County, our firm, the local delegation and the Governor's office. In addition to CBIRs, J. Keith Arnold & Associates works on several general appropriations items each year, such as: Transportation funding, local government infrastructure, Medicaid reimbursement rates, Beach Re- nourishment funding, Historical Preservation Grants, Cultural & Arts Grants, FRDAP Grants, water project funding, and others. Efforts to monitor and influence these sources of funding are carried out simultaneously with clients' special member project requests. Substantive issues constitute the second area of vital legislative priorities. Theses substantive issues are categorized by the legislature into general bills, local bills, and amendments to legislation. It is here that experience of a firm plays a vital role in the ultimate success of a legislative program. Sponsorship, filing, and drafting of legislation all follow a specific timeline in the legislature with time - certain deadlines. Local bills have a stricter procedure separate from general legislation, which requires fiscal impact statements, public hearings, public advertisements, and delegation support. Local bills follow a separate and distinct process through the legislature. Our firm has substantial skill, knowledge and success in all the above areas. Teamwork and collaboration with the County officials, and state officials are the building blocks of legislative success. Past and future accomplishments would not be possible without the hard work and dedication of all involved. Our personnel have a combined twenty legislative sessions of experience forming coalitions to resolve problems and pass legislation. Below are timelines demonstrating our methodology and procedures for legislative activities in a given year. January - February: Legislative Committee Meetings are scheduled every two weeks, bills moving through the process; Governor's proposed budget released; CBIRs submitted; Sponsors identified for proposed legislation; Deadlines for filing bills monitored; Identify bills important to Collier County Provide pre- session overviews; Obtain interim project reports 18 Agenda Item No. 1 OD September 27, 2005 Page 45 of 117 March -May: Session convenes, move bills and appropriations through the process; Coordinate Collier County and Southwest Legislative Consortium visits; Arrange meetings with legislators, executive branch officials, and agency heads; provide legislative alerts and weekly legislative updates June - August: Provide post- session summaries of relevant issues; Scan enrolled bills for relevant study groupshaskforces created; Monitor and lobby Governor's office on line item budget vetoes and bill vetoes; Follow up with agencies on any outstanding issues; Monitor interim House and Senate projects; Meet with committee staff to ascertain important issues for the upcoming session; Attend the Florida Association of Counties Annual Conference September- December: Obtain agency proposed budgets for upcoming fiscal year; Prepare materials for legislative delegation meeting(s); Attend delegation meeting(s); Attend BOCC legislative workshops; Prepare CBIRs requests; Attend House and Senate interim committee meetings; Monitor any developments of proposed special session(s) J. Keith Arnold & Associates utilizes Lobbytools, a state of the art bill tracking and lobbying service for the purpose of identifying, tracking, and analyzing filed legislation. The service also features a comprehensive news gathering service for important stories around the state of Florida and the country. This is an invaluable service for multitasking and tracking thousands of bills each session and assists us in relaying up to the minute press releases and important legislative developments to Collier County. Our firm will analyze each bill filed daily, identify the priority of each for Collier County, and take appropriate action throughout the legislative session. Each bill text, vote, and all amendments can be electronically forwarded to the County for review and quick action. In addition to the legislative tracking service, our firm has developed a model interactive website www.ikamold.com for use by Collier County officials and interested parties. Our website includes a general guide to the legislative process and a comprehensive set of links to everything related to Florida Government. Email, along with comments, suggestions, links, and requests may be directed to us from our website. 19 Agenda Item No. 10D September 27, 2005 Page 46 of 117 CONFLICT OF INTEREST 1. Proposer shall provide a list of any businesses and /or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest 2. 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 of services required hereunder. Proposer further represents that no persons having any such interest shall be employed to perform those services. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. By signing below in the space provided, a principal of the firm certifies that he/she has read and understands the above requirements, and that the firm will comply fully with item 2 if awarded a contract by the County. Signature and Title of Principal Date 20 Agenda Item No. 10D September 27, 2005 Page 47 of 117 PROPOSERS QUALIFICATION FORM LIST REPRESENTATIVE ENGAGEMENTS FOR PAST LOBBYING — BUSINESS REFERENCES Agency Contact person Tel # Assignment Ed Fraser Memorial How tee Dennis Markos 904- 259 -3151 Secured funding for capital improvement LTP Management Dave Lageschulte 954- 766 -8197 Passed alcohol beverage tax reduction Mariner Properties Ray Pavelka 239 -481 -2011 Little Pine Island Mitigation Bank Collier Health Services Richard Akin 239 -658 -3000 Procured funding for Immokalee Clinic LIST CURRENT CLIENTS WHO ARE BEING REPRESENTED BY YOUR FIRM BEFORE THE LEGISLATURE: AIM Engineering & Surveying Inc City of Fort Myers Hope Hospice Hospice of Martin & St Lucie International College Lee County Lee Memorial Health System Platinum Advanced Technologies Raymond James & Associates Ruth Cooper Center The Salvation Army, Fort Myers STATEMENT OF LITIGATION Have you, at any time, failed to complete a project? ❑ Yes ® No Are there any judgments, claims or suits pending or outstanding !�y or against you? ❑ Yes ® No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five -(5) years: NA 21 Agenda item No. 10D September 27, 2005 Page 48 of 117 REFERENCES: Bank(s) Maintaining Account(s): 513 FifthThird Bank PO Box 413021 Naples Florida 34101 -3021 Surety /Underwriter: (if required) Brown & Brown Insurance 2600 Lake Lucien Drive Ste. 330 Maitland Florida 32751 phone 407-660-8282, Underwriters: Auto Owners Insurance Company Evanston Insurance Other References: Holly Schwartz Assistant County Manager Lee County (Phone- 239 - 335 - 2499): David Delac City of Fort Myers Manager Financial Services Department (Phone- 239 - 332 - 6371): John Forney- Raymond James Director of Florida Public Finance Group (Phone- 727- 567 - 7825). Cost Proposal Proposers shall provide the following information: Fixed cost per month for lobbying services: Reimbursable expenses Not to Exceed $ 6,000.00 per month (see addendum) $ 0 per year Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $ .29 per mile Breakfast $ 3.00 Lunch $ 6.00 Dinner $12.00 Airfare Actual ticket cost Rental car Actual rental cost Lodging Actual cost of lodging at single occupancy rate Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine 22 Agenda Item No. 10D September 27, 2005 Page 49 of 117 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 firm has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this RFP. Pursuant to information for prospective bidders /proposers for the above - mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: By: Title: Attested By: Title: Date: 23 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation Agenda Item No. 10D September 27, 2005 Page 50 of 117 Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employer's Liability with a limit of $1,000,000 per each accident. X 2. Commercial General Liability Bodily Iniury& Property Damage (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements. $500,000 Single Limit Per Occurrence X _ 3. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor/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 the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/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. This section does not pertain to any incident arising from the sole negligence of Collier County. X 4. Automobile Liability $500,000 Each Occurrence Owned /Non - owned /Hired Automobile Included N/A 5. Other Insurance as indicated below: a) Professional Liability $_0_ b) Builder's Risk $ -0- 24 Agenda Item No. 10D September 27, 2005 Page 51 of 117 Collier County Florida Insurance Requirements (Continued) X 6. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. X 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. X 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 X 9. Thirty (30) Days Cancellation Notice is required. X 10. The Certificate must state the Bid Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Bidder Signature of Bidder 25 Insurance Agency Signature of Bidder's Agent Agenda Item No. 10D September 27, 2005 Page 52 of 117 THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSER CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: The Proposal has been signed. 2. All Required Submittals are included. 3. Any addenda have been signed and included. 4. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Purchasing Building, Bldg "G" 3301 Tamiami Trail, East Naples, Florida 34112 5. The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. 6. The Proposal will .be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name Signature and Title Date 26 Agenda Item No. 10D September 27, 2005 Page 53 of 117 PROPOSER'S DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP NO. 05 -3883 "Professional State Lobbyist Services" Dear Commissioners: The undersigned, as proposer (herein used in the masculine, singular, irrespective of actual gender and number) declares that he is the only person interested in this proposal or in the contract to which this proposal pertains, and that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of proposals, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the proposal pertains. The proposer puts forth and agrees, if this proposal is accepted, to execute an appropriate Collier County document for the purpose of establishing a formal contractual relationship between him, and Collier County, for the performance of all requirements to which the proposal pertains. The proposer states that the proposal is based upon the proposal documents listed by RFP #05 -3883. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 2005 in the County of , in the state of Proposer's Firm or Trade Name Corporation, Sole Proprietorship, Partnership (Circle One) Phone No. City and State M Address Typed and Written Signature Title 27 Zip day of Agenda Item No. 1 O September 27, 2005 Page 54 of 117 ADDENDUM 28 Agenda Item No. 10D September 27, 2005 Page 55 of 117 7. Cost Proposal The legislative process is a complex and intricate system that takes significant time and ability to be able to work within and understand. Thousands of bills are introduced each year along with tens of thousands of amendments, substitute amendments, committee substitutes and proposed committee bills. Consequently, each year several hundred bills are introduced in the legislature for the purpose of changing and affecting our local governments. It is no small task to follow and understand these issues, let alone to offer input into them. Collier County would be best served by a consulting firm who understands the issues, the process, and has a unique historical perspective of the same. While the cost of these services is important, it is equally important to be represented by a firm with the understanding, appreciation, and depth for these issues. Accordingly, J. Keith Arnold & Associates proposes an annual fee for the contract period of $72,000. This fee will include all the services specified in the Scope of Services and will also include the normal reimbursable consulting related expenses as outlined in the "Cost Proposal" Section of the RFP. If awarded the lobbying services contract, J. Keith Arnold & Associates will absorb all related normal reimbursable expenses under our cost proposal. We believe these expenses to be part of the cost of doing business in our commitment to a higher level of services. 29 Tell us what you think! Please tell us what you think about our web site. Is there anything you would like to see us offer? Do you have any questions or comments? Please let us know what you think. Just click this address to send us an e-mail: govt ikarnold.com or give us a call at (850) 222 -8188 or Ho W Agenda Item No. 10D September 27, 2005 Page 56 of 117 Related Links Below you will find related links to Florida state government websites. Click on a link to visit websites. Democratic Party of Florida Republican Party of Florida Governor's Office Florida House of Representatives House Legislative Bill Tracking Florida Senate Senate Bill Tracking Florida Constitution & Statutes State of Florida Government Agencies MvFlorida.com Florida Administrative Weekly Campaign Contribution Database State Employee Search Site Agenda Item No. 10D September 27, 2005 Page 57 of 117 SAMPLE OF LEGISLATIVE UPDATE Date: April 2, 2003 To: Commissioner Tom Henning From: Keith Arnold Re: SB 332, HB 929 The following briefly outlines the current status of HB 929 and SB 332, Local Option Gas Taxes, in the legislative process, and provides an analysis of each bill. Last Action: SB 332 by Sen. Saunders has been referred to Transportation; Comprehensive Planning; Finance and Taxation; Appropriations Subcommittee on Transportation and Economic Development; Appropriations, but has not been scheduled for hearing to date. A similar bill in the Senate, SB 1356 by Senate Comprehensive Planning, which indexes the is currently referred to the Senate Finance & Taxation Committee. The House companion bill, HB 929 is currently in the second committee of four it is referred to. Last Action: HB 929, by Rep Davis Favorable with 6 Amendments by Transportation Systems; 7 Yeas, 0 Nays Next Committee stop in House: Transportation We are working in conjunction with the FAC to express Collier County's opposition to both telecommunications bills as currently written. Copies of the County's resolution and Executive Summary opposing HB 1307 and SB 1450 are being distributed to members during our office visits with members. We will continue to actively oppose the emergency communications bills on behalf of Collier County, which diminish the authority of local governments to regulate telecommunications facilities. Please do not hesitate to call us with any questions regarding this issue. Copy: Commissioner Frank Halas Commissioner Fred Coyle Commissioner Jim Coletta Commissioner Donna Fiala Jim Mudd, County Manager Leo Ochs, Deputy County Manager Beth Walsh, Assistant to County Manager 31 Agenda Item No. 1 OD September 27, 2005 Page 58 of 117 Legislative Schedule from Tallahassee Visit — April 2005 Thursday, April 28.2005 8:00 -8:15 a.m. - Representative Rivera, Room 417 HOB 8:30 - 8:45 - Representative Williams, Room 1401 Capitol 9:00 -9:15 a.m. — Senator Bennett, Room 216 SB 9:30 - 9:45 a.m. - Senator Saunders, Room 418 SOB 10:00 -10:15 a.m. - Senator Bullard's aide, Mr. McKenzie Moore, Room 218 10:30 - 10:45 - Representative Grimsley's aide, Marty Mielke, Room 1003 1:00 - 1:15 - Representative Goodlette, Room 513 Commissioner is having dinner with Representative Davis. 32 Agenda Item No. 10D September 27, 2005 Page 59 of 117 Important Bills That Passed 2005 Session SB 0360 Relating to Infrastructure Planning & Funding Infrastructure Planning & Funding; revises requirements for capital improvements element of comprehensive plan; requires incorporation of selected water supply projects in comprehensive plan; authorizes planning for multi jurisdictional water supply facilities; provides requirements for counties & municipalities re public school facilities element; provides for waiver under certain circumstances; provides for expenditure of moneys in State Transportation Trust Fund, etc. Amends FS. APPROPRIATION. EFFECTIVE DATE: 07/01/2005 except as otherwise provided. Concurred with Senate Amendment(s); Passed (Vote: 114 Yeas / 0 Nays); Ordered engrossed, then enrolled The legislation commits $1.5 billion to roads, schools and alternative water sources this year and $750 million annually in future years. The bill requires schools and drinking water be available to serve new developments, filling two of the biggest gaps in the current law; it reduces from five years to three the lag allowed between the time when development is permitted and adequate roads are in place. • The senate removed its proposal to give counties and school boards the power to raise sales and gasoline taxes without voter approval. • The bill devotes $200 million next year and $100 million annually in the future for matching funds to help water suppliers and water management districts develop alternative sources of water. Starting in 2007, local governments have to adopt five -year capital improvement plans: • Residents can challenge any change to a five -year building plan • All plans will have to provide funding sources • Plan must be updated to the state once a year • Roads to new developments have to be in place within three years of issuance of a building permit • Schools have to be ready within three years of a site plan • Impact fees are tied to the projects they originate with • Cities and counties must adapt their 10 -year water plans to those of the water management district they're in and update every five years • Local governments have until 2008 to add school needs to long -range planning, including their five- and 10 -year plans future improvements to existing schools and locations of new schools • Local governments have to add classrooms if district -wide student population outstrips class space. 33 Agenda Item No. 10D September 27, 2005 Page 60 of 117 HB 0401 Relating to Southwest Fla. Expressway Authority Southwest Fla. Expressway Authority; creates Southwest Fla. Expressway Authority encompassing Collier & Lee Counties; establishes process for Charlotte Co. to participate in authority; requires approval of specified county commissions before approval of project within geographical boundaries of those counties; provides for acquisition of lands & property; provides for exemption from taxation, etc. Creates 348.993 - .9947. EFFECTIVE DATE: Contingent. 04/29/05 HOUSE Ordered enrolled HB 401 creates the Southwest Florida Expressway Authority in a new Part X of Chapter 348, F.S. The Authority will have the general powers and duties of all expressway authorities, such as the ability to enter into contracts, acquire land, set tolls, and hire staff. Bonds for the Authority's projects could either be issued on its behalf by the state Division of Bond Finance or by the Authority itself. Provisions unique to this Authority include: - An eight- member governing board comprised of. one permanent resident each from Collier and Lee counties, appointed by the Governor; one permanent resident of Collier County appointed by the Collier County Commission; one permanent resident of Lee County appointed by the Lee County Commission; one member each from the Collier and Lee county commissions; the executive director of the Southwest Florida Regional Planning Council; and the secretary of the Florida Department of Transportation (FDOT) district that includes Collier and Lee counties. The FDOT District 1 secretary is a non - voting member. - Projects are limited to tolled expressway lanes and support facilities on Interstate 75 in Collier and Lee counties. Although not stated in the bill, the Authority also must obtain federal and state approval before building tolled lanes on I -75. - The Authority contemplates entering into a lease- purchase agreement with FDOT, whereby FDOT would operate and maintain the tolled facilities and at some point would own the system and make it part of the state road system. - The act creating the Authority will "sunset" in 12 years after its effective date if the Authority has no outstanding indebtedness, no studies or project designs underway, or no projects under construction, and if it is not operating or maintaining the system. The bill raises no apparent constitutional or other legal issues. HB 401 takes effect upon passage of resolutions from the Collier and Lee county commissions, but no sooner than July 1, 2005. 34 Agenda Item No. 10D September 27, 2005 Page 61 of 117 SB 444 - Relating to Water Supplies The legislation encourages cooperation in development of water supplies; encourages municipalities, counties, & special districts to create regional water supply authorities; requires water management districts to detail specific allocations to be used for alternative water supply development in their annual budget submission; establishes economic incentives for alternative water supply development, etc. Amends Chs. 163, 373, 403, 570.085. EFFECTIVE DATE: Upon becoming law except as otherwise provided. HOUSE Received from Messages; Read Second Time; Read Third Time; Passed ('Vote: 114 Yeas / 0 Nays); Senate Ordered enrolled The bill provides for numerous changes to Florida water protection and development programs. The primary provision of the bill creates a $100 million annual funding program entitled the "Water Protection and Sustainability Program" to assist in the implementation of many existing water protection and development programs. In addition, funding is provided for a new alternative water supply program. Specific programs funded by the bill include: total maximum daily load program, Surface Water Improvement and Management Program, water management district designated priority water bodies, and Disadvantaged Small Community Wastewater Grant Program. Provisions related to comprehensive planning requirements are also amended to require the inclusion of alternative water supply projects in the capital improvements element to require developers seeking building permits to ensure that water infrastructure will be in place at the time a certificate of occupancy is issued. The bill substantially amends procedures for the implementation of the total maximum daily load program. Specific provisions amended include calculation and allocation methods, procedures for developing basin management action plans, implementing total maximum daily loads, and rulemaking authority. Included in the bill is a $6.25 million appropriation to the South Water Management District for SWIM Projects. We are currently working with the SWMD to fund the Caloosahatchee Water Project C -43 at the requested $4 million. 35 Agenda Item No. 10D September 27, 2005 Page 62 of 117 CS /CS /SB 620 — Wireless Emergency Telephone System The bill modifies the standards that local governments must apply to wireless providers in regulating the placement, construction, or modification of wireless communications facilities. The bill amends existing provisions for collocation and divides collocations into three types —those on existing towers that meet certain conditions, those on existing structures that meet certain conditions, and all other collocations. The bill sets forth the procedures that local governments and wireless providers must follow in regards to submission of applications and notification of deficiencies in applications. It also provides time limits that local governments must adhere to in granting or denying properly completed applications. The bill establishes limitations on local government regulation, including the following: • A local government's authority to evaluate a wireless provider's application for placement of a wireless facility is limited to issues concerning land development and zoning, and a local government may not require information on, or evaluate the provider's business need for a location unless the wireless provider voluntarily offers the information, nor request information on or evaluate a provider's service quality or network design unless the information directly relates to a specific land development or -- zoning issue. • A local government may exclude the placement of wireless facilities in residential areas or residential zoning districts, but only in a manner that does not constitute an actual or effective prohibition of the provider's service in that residential area or zoning district, and if the residential area cannot reasonably be served, the municipality or county and the provider must work together to find a suitable location to provide service to the residential area. • Local governments may impose a reasonable fee on wireless providers for review and permitting of wireless facilities only if similar fees are imposed on applicants seeking similar zoning, land use, or building- permit reviews. The bill creates a cause of action for any person adversely affected by a local government's action or failure to act in the review or regulation of wireless communication facilities. The bill gives the Wireless E911 Board the authority to utilize revenues from the Wireless Providers Trust Fund to provide grants to rural counties and loans to medium counties to upgrade their E911 systems. "Medium county" is defined as any county that has a population of 75,000 or more but less than 750,000. These revenues are to be fully repaid in a manner and timeframe as approved by the Board. Any county that receives these funds must establish a fund to be used exclusively for the receipt and expenditure of 911 revenues collected, with expenditures limited to 911 costs. SENATE Ordered Enrolled Agenda Item No. 10D September 27, 2005 Page 63 of 117 HB 955 Waterfront Property The bill requires future land use plan element of local comprehensive plan for coastal county to include criteria to encourage preservation of recreational & commercial working waterfronts; establishes Waterfronts Florida Program within DCA; provides grant program for public launching facilities; revises provisions for local government comprehensive planning certification program, etc. Amends FS. EFFECTIVE DATE: 01/01/2006. 515105 Ordered Enrolled HB 955 Waterfronts Florida Program HB 955 creates the Waterfronts Florida Program within the Department of Community Affairs (DCA) to provide technical assistance and support to communities in revitalizing waterfront areas in the state. The bill requires that a municipality located in a county that adopts a charter form of government on or after July 1, 2005, will have the option to exercise exclusive land use planning. The exercise requires that the municipality has to adopt a resolution approving the exercise of exclusive land use planning authority. The bill requires comprehensive plans to include within certain elements of the plan, efforts to preserve recreational and commercial working waterfronts and provides a definition of recreational and commercial working waterfronts. The bill changes the limits on small scale comprehensive plan amendments in counties designated as rural areas of critical economic concern by the Governor. The bill requires the Board of Trustees of the Internal Improvement Trust Fund to encourage the use of sovereign submerged lands for water - dependent uses and public access. The bill includes more applicable forms of authorization so the Board of Trustees and the Department of Agriculture and Consumer Services (DACS) have the opportunity to consider alternative forms of authorization which may be more appropriate for aquaculture support facilities. The bill instructs the Department of Environmental Protection (DEP), in coordination with the Fish and Wildlife Conservation Commission (FWCC), to conduct a study of the use of state lands for recreational boating to identify opportunities to increase recreational boating access within the state park system. The bill provides that $1 from fees paid on boat registration in the state be deposited into the Marine Conservation Trust Fund for public launching facilities. 37 Agenda Item No. 1 O September 27, 2005 Page 64 of 117 The bill creates a tax deferral program for owners of recreational and commercial working waterfronts to encourage them to maintain the current use of the property. The bill provides for penalties for individuals willfully submitting false information in relation to the tax deferral program. HB 1381 Relating to Sanibel Public Library/Lee County Sanibel Public Library/Lee County; creates Sanibel Public Library District, independent special district for public library purposes in county; provides legislative intent; provides charter for district; fixes boundaries of district; provides powers; provides for governing body, officers, budget & taxing authority, & indebtedness; provides for planning; provides for construction & severability; provides for referendum. EFFECTIVE DATE: Contingent. SENATE Read Second Time; Read Third Time; Passed (Vote: 39 Yeas / 0 Nays); House Ordered enrolled 38 Agenda Item No. 10D September 27, 2005 Page 65 of 117 Bills That Died During the 2005 Session SB 286/11B 159 Primary Elections/Party Affiliation SB 286 provides for a constitutional amendment that will permit all electors regardless of party affiliation to vote in any primary election for office, in same manner as currently permitted when winner of primary will be unopposed in general election, if winner of primary will be opposed in general election by write -in candidate only. Amends s. 5, Art. VI. Senate Joint Resolution 286 amends the Florida Constitution to permit all eligible electors, regardless of party affiliation, to cast a ballot in the primary elections if the winner of the primary will be opposed in the general election by a write -in candidate only. The current open primary provision has been interpreted to "close" the primary to all but party- registered voters in such circumstances. This joint resolution proposes an amendment to Article VI, Section 5 of the State Constitution. SENATE Died in Judiciary HB 0561 Relating to Agricultural Economic Development Agricultural Economic Development; provides cause of action for landowners aggrieved by certain changes to agricultural land use; defines terms "agricultural enclave" & "family farm agricultural enclave "; requires land use plans to establish appropriate uses of lands in agricultural enclaves; amends acreage limits for rural land stewardship areas; provides requirements re purchase of land on which agricultural lease exists, etc. Amends Chs. 70,163, 373; creates 259.047. EFFECTIVE DATE: Upon becoming law. HB 561 CS provides an agricultural landowner, whose land has been rezoned or the residential density lowered resulting in an inordinate burden, a cause of action under the Bert Harris Private Property Rights Protection Act. Additionally, the 180 -day notice period is reduced to 90 days. The bill establishes an "agricultural enclave" designation and authorizes the owners of such to apply for a comprehensive plan amendment and development of regional impact (DRI) approval, if applicable, that includes land uses and intensities of use consistent with uses and intensities of use of surrounding industrial, commercial, or residential uses. The amendment or DRI application must include appropriate "new urbanism" concepts. The bill also establishes a "family farm agricultural enclave" designation and authorizes the owners of such to apply for a comprehensive plan amendment that may include land uses and intensities of use of surrounding areas. For both designations, the property must meet Greenbelt criteria and have been in agricultural production for the 39 Agenda Item No. 10D September 27, 2005 Page 66 of 117 past five years. The bill requires local governments to act on an enclave application within 180 days. Failure to do so results in approval of the comprehensive plan amendment or DRI application. Further, the bill directs local governments to delineate agricultural enclaves in their future land use plan, and authorizes owners of commercial agricultural parcels of 2500 acres or greater to apply to the Department of Community Affairs for rural land stewardship designation. The bill provides economic protection to an agricultural lessee when property for which an agricultural lease exists is purchased by the state or an agency of the state. The bill requires the purchasing agency to allow the lease to remain in full force for the remainder of the lease term. Where consistent with the purposes for which the property was acquired, the purchasing agency must make reasonable efforts to keep lands in agricultural production which are in agricultural production at the time of the purchase. The bill establishes in law that agricultural self - supplied water users have limitations on their ability to develop alternative water supplies. Furthermore, the bill requires water management districts to notify agricultural applicants for consumptive use permits of the right to apply for permits valid for 20 years. By July 1, 2006, the bill requires each water management district to enter into a memorandum of agreement (MOA) with the Department of Agriculture and Consumer Services (DACS) to determine whether an existing or proposed activity qualifies for the agricultural wetlands exemptions set forth in s. 373.406, F.S. SENATE Died in Committee on Agriculture SB 0926 Relating to Interlocal Service Boundary Agreement Interlocal Svc. Boundary Agreement; creates Interlocal Service Boundary Agreement Act; provides legislative intent re annexation & coordination of services by local governments; provides for creation of said agreements by county & one or more municipalities or independent special districts; provides for place of filing interlocal agreement in certain circumstances, etc. Creates 171.20 -.212, 171.094; amends 163.01, 164.105 8, 171.042,.044,.08 1. EFFECTIVE DATE: Upon becoming law. The bill creates the "Interlocal Service Boundary Agreement Act" as part II of ch. 171, F.S., to provide an alternative process for annexation that allows counties and municipalities to negotiate in good faith to identify municipal service areas and unincorporated service areas, resolve which local government is responsible for providing services and facilities within the municipal service areas, and reduce the number of enclaves. The negotiating parties, however, are not required to reach an agreement. 40 Agenda Item No. 10D September 27, 2005 Page 67 of 117 The bill defines "invited local government' to mean an invited county or municipality, or special district and any other local government designated as such in an initiating resolution or a responding resolution that invites the local government to participate in the negotiation of an interlocal service boundary agreement." The bill also defines a "municipal service area" as an unincorporated area that has been identified by a municipality that is party to the agreement as an area to be annexed or to receive municipal services from a municipality or its designee. Land within a municipal service area may be annexed by a municipality if consent is obtained using a process for annexation consistent with part I of ch. 171, F.S., or a flexible process, as determined by the agreement, that includes one or more of the following: ❑ Petition for annexation signed by more than 50 percent of the registered voters in the area proposed for annexation; ❑ Petition for annexation signed by more than 50 percent of the property owners in the area proposed for annexation; or ❑ Approval by a majority of the registered voters in the area proposed for annexation. The bill allows an enclave consisting of 20 acres or more within a designated municipal service area to be annexed if the consent requirements of part I of ch. 171, F. S., are met, one or more of the provisions for annexing land within a municipal service area are met, or the municipality receives a petition from one or more property owners who own real property in excess of 50 percent of the total real property in the area proposed for annexation. Enclaves consisting of less than 20 acres and with fewer than 100 registered voters, within a designated municipal service area, may be annexed using a flexible process for securing the consent of the voters, as provided in the interlocal service boundary agreement. No voter approval is required. In returning house messages; Died in returning Messages SB 1160 Relating to Comprehensive Planning & Land Development Comprehensive Planning & Land Dev.; defines term "antiquated subdivision" for purposes of Local Government Comprehensive Planning & Land Development Regulation Act; requires that future land use plan element of comprehensive plan identify areas where local government seeks to consolidate or vacate platted or subdivided lots; provides that governing body of local government may not seek to consolidate or vacate all or part of subdivision, etc. Amends 163.3164,.3177. EFFECTIVE DATE: 07/01/2005. The bill defines the term "antiquated subdivisions" and requires a local government's future land use plan to identify any such subdivision in which it seeks to consolidate platted or subdivided lots. Also, the bill requires any plan amendment needed to address antiquated subdivisions to be included in the first evaluation and appraisal report due to be submitted after July 1, 2008. 41 Agenda item No. 10D September 27, 2005 Page 66 of 117 (Continued) 05/06/05 SENATE Died on Calendar HB 1173 Relating to Local Govt. Land DevAmpact Fees Local Govt. Land Dev. /Impact Fees; provides legislative findings, declarations, & intent re local government impact fees; requires impact fees to be based upon certain available data; requires credit against impact fees for certain taxes, fees, assessments, liens, charges, or payments; provides for expenditures of impact fees collected from new development in incorporated areas pursuant to interlocal agreement, etc. Creates 163.3219. EFFECTIVE DATE: 07/01/2005. This bill creates s. 163.3219, F.S., regarding the imposition of impact fees imposed by local governments. In general, the bill: ❑ Provides legislative intent; ❑ Establishes procedures governing impact fee credits; ❑ Specifies the effective dates of impact fees; ❑ Requires local government to make annual reports regarding impact fees; ❑ Limits administrative fees charged by local governments; ❑ Establishes permissible uses of impact fee proceeds; ❑ Requires refunds of unspent proceeds; ❑ Provides for full or installment payment of impact fees; ❑ Exempts fire control districts from the impact fee provisions created by the bill; and ❑ Specifies that municipal utility fees are not impact fees. HOUSE Died in Committee on Local Government Council HB 1461 Relating to Fuel Tax Proceeds Fuel Tax Proceeds; provides for adjusting ninth -cent fuel tax rate & local option fuel tax rate by county ordinance; requires county to provide copy of ordinance to DOR; deletes provisions deducting certain service charges & administrative costs from certain moneys deposited into Fuel Tax Collection TF; exempts certain additional taxes & trust funds from required appropriations of service charge to General Revenue Fund, etc. Amends Chs. 206, 336,215.22, 320.072. EFFECTIVE DATE:. 07 /01 /2005. HOUSE Died in Committee on Finance & Tax 42 Agenda Item No. 10D September 27, 2005 Page 69 of 117 HB 1565 Local Govt. Emergency Medical Services Requires county commissioners board to issue certificate of public convenience & necessity to any municipality that applies for such certificate to provide advanced life support transport or non - transport emergency medical services within its geographic limits or outside its geographic limits by mutual agreement with governing body of jurisdiction served, etc. HB 1565 addresses conflicts between municipalities and county emergency management services (EMS) systems, such as, the current dispute between the City of Palm Bay and Brevard County. The bill requires the board of county commissioners to certify any municipality that applies for a certificate of public convenience and necessity to provide advanced life support transport or non transport emergency services. The bill requires the withdrawal of any actions pending, and prohibits governing bodies of any county to levy, collect, or enforce collection of special assessments on property for emergency medical services. The bill requires a county to rebate taxpayers' any collected special assessments. The bill applies retroactively to August 1, 2002. While the bill focuses on a city vs. county issues, the EMS industry statewide also includes municipal and county providers, private, not - for - profit, volunteer, special district, hospital, community development district, gated - community, and other types of EMS providers. According to the Department of Health, the bill may eliminate the existing county EMS structures in counties where municipalities elect to provide their own service. While the bill will improve the ability of each municipality to provide EMS services to their area and potentially increase the number of available EMS transportation units to the citizens of the state, concern has been expressed that if such localized systems are not well integrated there may be adverse impact on 911 response time and coordination of services. According to the Department of Health, an assertion of an exclusive county franchise in a county previously served by one or more private vendors may raise issues of impairment of contract. Died in Committee HB 0047 Relating to Property Taxes /Counties Property Taxes /Counties; authorizes counties to cap annual growth in ad valorem tax revenues by charter; provides requirements & limitations; provides exception; prohibits ad valorem tax levies by counties in excess of amounts specified in county charter; 43 Agenda Item No. 10D September 27, 2005 Page 70 of 117 prohibits ad valorem tax levies by counties through municipal service taxing units in excess of amounts specified in ordinance establishing unit. HOUSE Died in Committee on Local Government Council SB 66 Relating to Economic - Development Incentives Economic - Development Incentives; provides for distribution of portion of revenues from tax on sales, use, & other transactions to specified units of local government owning eligible convention centers; provides procedure for certification of additional facilities for retained spring training franchise; clarifies number of certifications of facilities for retained spring training franchises, etc. Amends 212.20, 288.1162; creates 288.1171. SENATE Died in Committee on Commerce and Consumer Services SB 98 Relating to 2020 Water Study Commission 2020 Water Study Commission; provides for appointment & qualification of members; provides duties of commission; provides for public hearings; provides for executive director & for technical advisory committees; requires reports; provides duties of DEP. SENATE Unfavorable by Environmental Preservation; 3 Yeas, 4 Nays; laid on Table HB 137 Relating to Fla. Incentive -based Permitting Act Fla. Incentive -based Permitting Act; provides popular name; provides legislative findings; provides for Incentive -based Permitting Program; provides compliance incentives for certain environmental permitting activities; provides requirements & limitations; provides for administration by DEP; requires dept. to adopt certain rules; specifies application of Incentive -based Permitting Program provisions, etc. Creates 403.0874; amends 161.041, 373.219,.413, 403.087. HOUSE Died on Calendar BB 0373 Relating to Local Occupational License Taxes Local Occupational License Taxes; updates provisions authorizing reclassification & new rate structure revisions to occupational license taxes by ordinance; deletes counties --- from such authorization provisions; revises provision re limit on first -year revenue 44 w Agenda Item No. 10D September 27, 2005 Page 71 of 117 generation by municipalities; provides construction re decreasing or repealing such taxes. Amends 205.0535. EFFECTIVE DATE: Upon becoming law. SENATE Died in Messages SB 0554 Relating to Property Taxes Property Taxes; authorizes counties to cap annual growth in ad valorem tax revenues by charter; provides requirements & limitations; provides exception; prohibits ad valorem tax levies by counties in excess of amounts specified in county charter; prohibits ad valorem tax levies by counties through municipal service taxing units in excess of amounts specified in ordinance establishing unit. Amends 200.071. SENATE Died on Calendar SB 976 Coastal Redevelopment/Nlitigation SB 076 defines term "local mitigation strategy" for purposes of Local Government Comprehensive Planning & Land Development Regulation Act; provides additional requirement for local government's comprehensive plan concerning hazard mitigation; revises provisions re coastal management; authorizes demonstration project in certain counties to allow for redevelopment of coastal areas within designated coastal high - hazard area, etc. Died in Senate Messages in House SB 976 would have authorized a demonstration project for up to five local governments or a combination of local governments that would allow them to amend their comprehensive plans to permit the redevelopment of coastal areas within designated high hazard areas. The bill provided eligibility criteria for the demonstration project and gave the Department of Community Affairs (DCA) authority over the administration of the project. For local governments participating in the demonstration project, the bill increased the planning requirements on coastal counties and municipalities by requiring these local governments to include additional provisions in the coastal management element of their comprehensive plans. The bill provided more flexibility to local government participants to increase density and intensity within coastal high hazard areas beyond what is allowed under the existing comprehensive plan provided a redevelopment strategy and local mitigation strategies are in place. 45 11" 1JL, iceiaiiug LU �V.. "_ .",wt. Economic Development Agenda Item No. 10D September 27, 2005 Page 72 of 117 Local Govt. Economic Development; specifies criteria for certification for remaining available certification slot for professional sports franchises; provides for notice of public hearings to consider whether local government will provide communications service; sets pricing standards; limits use of eminent - domain powers; requires local governmental provider of communications services to follow same prohibitions as other providers of same services, etc. Amends 288.1162. EFFECTIVE DATE: Upon becoming law. SENATE Died on Calendar SB 1364 Relating to Water Policy Water Policy; revises boundaries of Southwest Fla. Water Management District & South Fla. Water Management District; provides for transfer of land & other incidentals from Southwest Fla. Water Management District to South Fla. Water Management District; requires Southwest Fla. Water Management District to take final agency action re certain permit applications received prior to date certain, etc. Amends 373.069,.0691,.073. SENATE Died in Committee on Environmental Preservation BB 1881 Relating to Water Supply, Planning, & Production Water Supply Development; provides for development of regional water supply plans; provides for alternative water supply development; encourages municipalities, counties, & special districts to create regional water supply authorities; provides general powers & duties of water management districts in water production; provides permits of at least 20 years for development of alternative water supplies under certain conditions, etc. Amends Ch. 373, 403.813, 556.102. EFFECTIVE DATE: Upon becoming law. HOUSE Died on Calendar SB 1940 Relating to County Roads/Local Option Fuel County Roads /Local Option Fuel Tax; revises vote requirements for imposition of local option motor fuel & diesel fuel tax. Amends 336.025. EFFECTIVE DATE: 07/01/2005. SENATE Died in Committee on Community Affairs ER Agenda Item No. 10D September 27, 2005 Page 73 of 117 RESPONSE TO THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA REQUEST FOR PROPOSAL #05 -3883 PROFESSIONAL STATE LOBBYIST SERVICES PENNINGTON, MOORE, WILKINSON, BELL & DUNBAR, P.A. Post Office Box 10095 (32302) 215 South Monroe Street, 2nd Floor Tallahassee, Florida 32302 -2095 (850) 222 -3533 (850) 222 -2126 (facsimile) Website address: penningtonlaw.com 4 Agenda Item No. 1 OD September 27, 2005 Page 74 of 117 Agenda Item No. 10D 3 September 27, 2005 c Page 75 of 117 TABLE OF CONTENTS Tableof Contents .............................................................................. ............................... i Overview............................................................................................ ..............................1 1) Proposer =s Business History, Organization and Background ...........................2 -3 2)(a) Experience, qualifications and other vital information, including relevant experience on previous similar projects, of all key individuals who will be assignedto this project .......................................................... ............................3 -6 2)(b) Resumes and detailed qualification information on all key personnel who will be assigned to this project ....................................... ...........................6 -11 2)(b) Organization chart .................................................................. .............................12 3)(a) Proposer =s past performance and experience in governmental representation and consulting .............................................. ..........................13 -14 3)(b) Related project experience on comparable contracts within thelast 5 years .................................................................... ..........................14 -17 3)(c) Information documenting successful appropriations results obtained on behalf of local government clients in the last five (5) years ......................17 -23 4) Summary of Collier County =s lobbying needs and proposed methods for determining issues ........................................... ..........................23 -26 5) Proposer =s location and ability to provide ongoing access and responsiveness throughout the contract ....................... ..........................26 -27 6) Evidence of the Firm =s ability to manage projects simultaneously and expeditiously; approach to problem /task resolution; and methodology /data gathering techniques and procedures; and teamwork ......... ..........................27 -32 Conflictof Interest ................................................... ............................... ...... 33 ................. Proposers Qualification Form ......................................................... ..........................34 -38 InsuranceRequirements ................................................................ ..........................39 -42 ProposerChecklist ..................................................... ............................... .......43 Proposer =s Declaration Statement .................................................. .............................44 —i- Agenda Item No. 100 September 27, 2005 Page 76 of 117 OVERVIEW The Pennington Law Firm offers Collier County unparalleled depth, experience and resources to make its upcoming 2006 Legislative Agenda a success. Anchored by 3 former members of the Legislature, the Pennington Law Firm has over 175 years of combined legislative experience and places 11 full -time lobbyists in the Capitol each legislative session. These lobbyists include 4 former executive agency staff, 3 former legislative staff members, a former Chief of Staff and General Counsel to the last Republican Governor, a former senior staff member of the Department of State and a former General Counsel to the Department of Financial Services under Tom Gallagher. In addition to their work for a number of legislative and local candidates, these team members have managed and consulted on successful statewide campaigns of state and federal elected officials. The Firm =s experience in the Capitol and its relationship with key members of the Legislature have been developed over three decades of public service and private sector advocacy. The Pennington Firm attends all important meetings and reviews all legislation and amendments considered by the Legislature. The Firm has been involved on behalf of clients in every major piece of legislation considered by the House and Senate in recent years. The Firm has represented counties and municipalities in garnering hundreds of millions of dollars in appropriations for local programs and initiatives. Finally, the Firm has drafted and passed numbers of substantive pieces of legislation for its local government clients. The Firm carefully maintains client relationships through frequent strategy sessions and updates to ensure the best representation for the client in Tallahassee. The Firm provides thorough and timely written communications in a format which may be used to update key client contacts and staff. The Firm has the ability to work with a team on behalf of a client and also possesses the talent and capability to perform as the team leader when desired by the client. The Firm operates on a team approach for all of its clients with anywhere from 2 to 11 lobbyists being staffed for each client =s needs. To assist Collier County, the Firm offers its full complement of lobbyists and their contacts to perform the work plan and scope of services contemplated by the County. -2- Agenda Item No. 10D September 27, 2005 Page 770f 117 1) Proposer -s Business History, Organization and Background Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. has over 30 years experience in the area of strategic planning, lobbying and governmental relations and an established reputation as one of the leading law firms in the State of Florida. The Firm's diverse client base includes Fortune 500 companies, local governments, statewide non - profit organizations and associations, as well as a variety of governmental and municipal entities. The Law Firm of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. is a Florida subchapter S corporation. Although the current corporate organization of the Firm was established in 1993, the founding members of the Firm have been practicing together as a Tallahassee law firm since 1972. The Firm provides its clients legal expertise and extensive experience in the areas of litigation; legislative and governmental affairs; business and corporate, land use, environmental, local government, and administrative law; banking; patents and intellectual property; real property, including condominium and homeowners= association law; tax, estate planning, probate; health care; insurance; sports and entertainment; lobbying; and public utilities law. It should be noted that as a law firm, even in the area of governmental consulting, the Firm and its members are governed by the Rules of Ethics of the Florida Bar, including those as to identifying conflicts of interests. The Firm keeps current in its registration for lobbying requirements, as well as any reporting requirements for gifts and expenditures. The Firm is rated the highest rating of AV by Martindale - Hubbell, the professional rating system for law firms. The governing structure of the Firm is as follows: E. Murray Moore, Jr., President and Director; J. Wiley Horton, President Elect and Director; John Pelham, Chief Financial Officer and Director; Martha J. Edenfield, CFO Elect; Michael Thomas, Corporate Secretary and Director; Samuel P. Bell III, Director; Mark K. Delegal, Director; Marc W. Dunbar, Director; Steven Malono, Director; Brian A. Newman, Director; and Susan Spurgeon, Director. The Firm has 77 employees, including 22 shareholders, 9 associates, and 3 special consultants. The Firm also has 4 non - employee Of Counsel attorneys. The shareholders are as follows: Douglas S. Bell, Samuel P. Bell III, Frederick Busack, Kevin X. Crowley, Mark K. Delegal, Marc W. Dunbar, Peter M. Dunbar, Martha J. Edenfield, J. Wiley Horton, William H. Hughes, Kory Ickler, Steven Malono, E. Murray Moore, Jr., Brian A. Newman, Christian O =Ryan, John Pelham, Susan Spurgeon, Michael Thomas, Cynthia Tunnicliff, Ben Wilkinson, Cathi Wilkinson, and Julius Zschau. The Firm practices statewide, representing public and private entities with diverse interests in Florida and throughout the United States and Canada. The Firm practices before all state agencies and regional regulatory bodies, including all 5 water management districts, -3- Agenda Item No. 1 O September 27, 2005 Page 78 of 117 z and represents clients before local governments throughout the state. In 1999, the Firm opened its Tampa Office to serve the growing list of clients from the Tampa Bay Area. Questions regarding the Pennington Law Firm and this Proposal for consideration should be directed to the following persons: Peter M. Dunbar PENNINGTON, MOORE, WILKINSON, Post Office Box 10095 (32302) 215 South Monroe Street, 2nd Floor Tallahassee, Florida 32302 -2095 (850) 222 -3533 (850) 222 -2126 (facsimile) pete @penningtonlaw.com Mark K. Delegal PENNINGTON, MOORE, WILKINSON, Post Office Box 10095 (32302) 215 South Monroe Street, 2nd Floor Tallahassee, Florida 32302 -2095 (850) 222 -3533 (850) 222 -2126 (facsimile) mdelegal @penningtonlaw.com BELL & DUNBAR, P.A. BELL & DUNBAR, P,A. 2)(a) Experience, qualifications and other vital Information, including relevant experience on previous similar projects, of all key individuals who will be assigned to this project Each and every one of the Firm's 38 lawyers and consultants are available to the Team as needed for legal expertise in substantive areas of the law, such as tax, real estate, insurance, environmental law, and health care finance. Additionally, the Firm has a staff of 3 law clerks, 3 paralegals, 20 administrative assistants and 5 runners which function as a team to perform services on behalf of the client. Using a true team approach for clients, the Firm gives each client 100% coverage for its issues. Due to simultaneous scheduling of House and Senate committee hearings, it is difficult for one lobbyist to effectively cover all of the issues and meetings that relate to the client =s issues. The Firm effectively uses its depth of professional talent to ensure that nothing Afalls through the cracks @. —4— Agenda Item No. 10D September 27, 2005 Page 79 of 117 Further, as members of the Florida Bar, the members of the Firm are held to the Florida Bar =s ethical and legal standards, including client confidentiality and malpractice standards, and Firm members are subject to Bar sanctions and discipline up to and including disbarment should a member violate their oath to perform as an officer of the Court. There are 11 lawyers and consultants who will concentrate on governmental, legislative and regulatory representation of Collier County. The following are brief resumes of these professionals: $ Peter Dunbar served five terms in the Florida House of Representatives representing portions of Pinellas and Pasco Counties before joining the Office of the Governor in 1988 as General Counsel and Director of Legislative Affairs. He served as the Govemor =s Chief of Staff during the transition period between Governor Martinez and Governor Chiles, and he has also served as the General Counsel for the Department of Financial Services under CFO Tom Gallagher. He has been with the Firm since 1991 and is a past President and member of the Executive Committee of the Firm. He is a past member and former Chairman of the Florida Commission on Ethics, and he served as interim General Counsel for the West Coast Regional Water Supply Authority, as the Pasco County Attorney from 1973 to 1975, and as the Chairman of the Pasco County Charter Commission. He is an honors graduate of the FSU College of Law and an AV -rated lawyer by the Martindale - Hubbell Law Directory. $ Sam Bell served seven terms in the Florida House representing Volusia and Flagler Counties and was Majority Leader, Rules Chairman, Commerce Committee Chairman and Appropriations Chairman. He was the Managing Partner of Cobb, Cole & Bell in Daytona Beach and a member of that firm from 1964 until January of 1998 when he joined the Pennington firm. Sam was a member of the initial Charter Commission in Volusia County. Sam served as Chairman of the Local Government Study Commission II which reported its findings to the Florida Legislature. He has held numerous positions at the local government level over his 40 years of law practice. Sam is currently serving as a Director in the Firm. Sam has received an AV rating from the Martindale - Hubbell Law Directory. $ R.Z. ASandy@ Safley served ten years in the Florida House of Representatives representing Pinellas County. His government service includes Executive Assistant to the Lieutenant Governor and Vice- Chairman of the Florida Marine Fisheries Commission. Sandy served on three Pinellas County charter review commissions and is a former member of the Pinellas County Sports Authority. He currently serves as a special consultant in the Governmental Affairs Section of the Firm and specializes in cabinet and executive department affairs. -5- Agenda Item No. 10D September 27, 2005 Page 80 of 117 $ Doug Bell began his law practice with Cobb, Cole & Bell in Daytona Beach, and joined the Pennington Firm in 1998. Doug is a shareholder of the Firm and his practice concentrates primarily on governmental affairs. Doug =s governmental affairs practice has a strong focus on local government matters including appropriations, transportation, taxes, fees, retirement, and annexation. $ Martha Edenfield entered the private practice of law in Tallahassee in 1984, and has gained a wide variety of experience representing clients before the Florida Legislature, the Governor, the Cabinet, and state agencies, having served as Legal and Governmental Counsel for agriculture trade groups, industrial associations, medical doctors and local governments. Martha has represented public sector and private sector clients before the Florida Legislature since 1986 and before Executive Agencies, including the Florida Governor and Cabinet since 1984. She joined the Pennington Firm in 1996 and has received an AV rating from the Martindale - Hubbell Law Directory. $ Marc Dunbar served as the Assistant General Counsel and Communications Director for the Florida Department of State from 1995 to 1997. During his tenure with the Department of State, he was recognized for his outstanding public service with a Davis Productivity Award. Marc has recently been recognized by his peers as a member of Florida Trend's "Legal Elite" as one of the top lawyers in his field in Florida. Marc is active in Republican politics as a campaign manager, consultant, fundraiser and elections lawyer. His area of practice now concentrates on administrative and governmental law. Mark Delegal practices administrative, regulatory, and governmental/ legislative law, providing representation to businesses, local governments, insurers and health care providers, including hospitals and health care systems. On behalf of local governments, Mark has developed a substantial knowledge base in Medicaid, building code, county administration, and appropriations issues. Mark is the former General Counsel and Plan Manager for the Florida HMO guaranty fund, known as the Florida HMO Consumer Assistance Plan. Mark is currently serving as a Director in the Firm and as head of the Firm =s Government Affairs Section. $ Kevin Crowley is the former General Counsel of the Florida House of Representatives following a successful tenure as General Counsel of the Florida Department of Natural Resources. In private practice since 1988, he represents a wide array of business interests before the Florida Legislature, its administrative agencies and the judicial system. Kevin has received an AV rating from the Martindale - Hubbell Law Directory. Gene Adams has been in the Florida legislative process for 27 years. He has served in various House staff positions, was Director of Legislative Affairs and Deputy Chief of Staff under Governor Bob Graham, and was Chief Cabinet Aide for Attorney Agenda Item No. 10D September 27, 2005 Page 81 of 117 General Bob Butterworth. Most recently, Gene served as Vice President of Governmental Affairs for the Florida Association of Realtors for 12 years. $ Steve Roddenberry served in various positions within the Department of Banking and Finance and the Department of Insurance and was a highly regarded regulator for 20 years prior to joining the Pennington Law Firm in 2003. Steve is extremely knowledgeable on all banking and insurance matters and is a key member of the Firm =s administrative and legislative practice. $ Meredith Woodrum Snowden joined the Firm in January 2002, after serving as Legislative Analyst to the Committee on Insurance of the Florida House of Representatives. As part of her 10 year tenure with the Florida House of Representatives, Meredith also served as staff to the Committee on Financial Services, Committee on Utilities and Communications, Committee on Judiciary, and the Clerk =s Office. Meredith has an extensive background in all aspects of the legislative process. 2)(b) Resumes and detailed qualification information on all key personnel who will be assigned to this project SHAREHOLDERS $ DOUGLAS S. BELL. Mr. Bell received his Bachelor of Arts degree from the Florida State University in 1991 and his Juris Doctorate degree from the Nova Southeastern Shepard Broad Law School in 1995. In 1995 Mr. Bell joined the Daytona Beach law Firm of Cobb Cole & Bell where he focused on estate planning and real property law. In January, 1998 Mr. Bell joined Pennington, Moore, Wilkinson, Bell & Dunbar P.A. Mr. Bell is a member of the Local Government and Law Firm Management sections of the Florida Bar and the American Bar Association. As a shareholder with the Firm, Mr. Bell's practice concentrates primarily on governmental affairs law. Mr. Bell is the chairman of the board of the Tallahassee Ronald McDonald House and a board member of the Tallahassee Community College Foundation. SAMUEL P. BELL 111. Mr. Bell is a graduate of Dartmouth College (A.B., 1961) and Duke University (LI.B., 1964). From 1974 until 1988, Mr. Bell represented Volusla County in the Florida House of Representatives, where he rose to prominent leadership positions. He served as Majority Leader, Chairman of the Rules Committee, Chairman of the Commerce Committee and was twice Chairman of the Appropriations Committee. He was named the most respected member of the House by his colleagues. After his legislative career, Mr. Bell moved to Tallahassee and organized the Cobb, Cole & Bell Tallahassee branch office, where he continued his governmental practice. He joined the Pennington, Moore, Wilkinson, Bell & Dunbar Firm in January 1998. Mr. Bell is Chairman of the Advisory Board of the Institute for Child Health Policy at the University of Florida, Chairman of the Development Council -7- Agenda Item No. 10D September 27, 2005 Page 82 of 117 for the College of Public Health at the University of South Florida, and a member of the Board of Directors of Brown & Brown Insurance Company. Mr. Bell chaired the Commission on Local Government Il, formed by the Florida Legislature. He is a member of the Board of Florida House, in Washington, D.C. and a member of the Florida Advisory Council for the Trust for Public Lands. Mr. Bell recently served as President of the Florida Public Health Foundation. In both his law practice and his legislative career, Mr. Bell has maintained a strong interest in land use and growth management issues and in health care matters. His practice now concentrates on these and other matters of administrative and governmental law. Mr. Bell has received an AV rating from the Martindale - Hubbell Law Directory. $ KEVIN X. CROWLEY. Mr. Crowley received his Juris Doctor from the Florida State University College of Law with honors in 1977. After four years of private practice, he became legal counsel to the Florida Department of Natural Resources, serving first as Deputy General Counsel and then as General Counsel to the Department. In 1987, he became General Counsel to the Florida House of Representatives. In this position, he was responsible for representing the House in all legal matters, as well as acting as a liaison to the Florida Senate and the Florida Cabinet. He joined the Tallahassee office of Cobb, Cole & Bell as a shareholder in 1989; that office merged with the Pennington, Moore, Wilkinson & Dunbar Firm in 1998. Today, Mr. Crowley's practice includes representation of clients before the Legislature and government agencies, trial and administrative practice, and land use law. Mr. Crowley has received an AV rating from the Martindale - Hubbell Law Directory. $ MARK K. DELEGAL. Mr. Delegal was admitted to the Florida Bar and the State Bar of Georgia in 1993. Mr. Delegal graduated from the University of Florida in 1989 with a Bachelor of Arts degree from the College of Liberal Arts and Sciences, and in 1993, he graduated from Mercer University School of Law. Mr. Delegal was a member of the Mercer Law Review. He holds an AV rating from Martindale - Hubbell Law Directory. Mr. Delegal is a member of the American Bar Association, the Tallahassee Bar Association, and is a court appointed Guardian ad Litem in the Second Judicial Circuit. Mr. Delegal served as an intern in the White House for President George Bush. He is a former member of the Florida Bar Professional Ethics Committee, Health Care Law Section, and Administrative Law Section. Mr. Delegal was appointed to The Florida Bar Ethics 2000 Review Panel and The Florida Bar Special Committee to Review the ABA Model Rules 2000. As a member of the Leon County Republican Executive Committee, Mr. Delegal served as Chairman of the Issues and Policies Committee. He is currently a member of the Republican National Lawyers Association, Capital Tiger Bay Club, the Florida Chamber Board of Governors, Florida Chamber Political Institute, Florida Chamber PAC Board, the University of Florida President =s Council, and Gator Booster Scholarship Club. -8- Agenda Item No. 10D September 27, 2005 Page 83 of 117 Mr. Delegal =s areas of practice include administrative and regulatory law and litigation, and representation of clients before the Florida Legislature and executive branch agencies, with an emphasis on business, insurance and health care related issues. Mr. Delegal represents local governments, businesses, hospitals, physicians, managed care organizations, life insurers, and property and casualty insurers before the Florida Legislature and executive branch agencies, including the Agency for Health Care Administration, the Department of Health, Office of Insurance Regulation and Department of Financial Services. PETER M. DUNBAR. Mr. Dunbar is a graduate of Florida State University (B.A., 1969) and the FSU College of Law (J.D., 1972 with honors). Mr. Dunbar served as the General Counsel and Director of Legislative Affairs under Governor Bob Martinez and as the Chief of Staff during the transition period from Martinez= administration to the administration of Governor Chiles. From 1978 until 1988, prior to his service in the Governor =s Office, Mr. Dunbar represented Pinellas and Pasco Counties in the Florida House of Representatives. Mr. Dunbar joined the Pennington, Moore, Wilkinson, Bell & Dunbar Firm in 1991 after leaving the Govemor =s Office and his practice now concentrates on matters of administrative, telecommunications and governmental law. Mr. Dunbar served as a member of the Florida Commission on Ethics, as General Counsel to the Florida Department of Financial Services, as a member and chairman of NOAA Sea Grant Review Panel of the U.S. Department of Commerce, as a member of the Florida Judicial Council, as a board member of the Collins Center for Public Policy, as the interim general counsel of the West Coast Regional Water Supply Authority, and as the Pasco County Attorney. Mr. Dunbar is the author of four books on Florida housing laws (Condominium Association Practice and Procedure in Florida; The Condominium Concept, The Law of Florida Homeowners= Associations; and The Homeowners Association Manuao and he holds an AV rating from the Martindale - Hubbell Law Directory. $ MARC W. DUNBAR. Mr. Dunbar is a cum laude graduate of Florida State University (B.A., 1991) and Florida State University College of Law (J.D., 1994). Mr. Dunbar served as the Assistant General Counsel and Communications Director forthe Florida Department of State from 1995 to 1997. During his tenure with the Department, he was recognized by Florida Tax Watch with a Davis Productivity Award which honors state employees for exemplary service to Florida =s taxpayers. Mr. Dunbar, who began his legal career with the Pennington Law Firm, rejoined the Firm in January of 1998. He has been recognized as a member of the Florida Trend "Legal Elite" for being one of the top lawyers in the State of Florida. Mr. Dunbar is licensed to practice law in Florida and before the Northern and Middle Federal District Courts. His area of practice now concentrates on administrative, elections and governmental law with an emphasis on lobbying the legislature and the executive branch. $ MARTHA J. EDENFIELD. Ms. Edenfield received her undergraduate degree from the Florida State University in 1981 with a major in finance and her Juris Doctorate in Va Agenda Item No. 10D September 27, 2005 Page 84 of 117 1984 from the Florida State University College of Law. Since entering the private practice of law in Tallahassee in 1984, Ms. Edenfield has gained a wide variety of experience representing clients before the Florida Legislature, the Governor, the Cabinet, and state agencies, having served as Legal and Governmental Counsel for agriculture trade groups, industrial associations, medical doctors and local governments. In 1995, Ms. Edenfield was appointed to the Govemor =s Administrative Procedure Act Review Commission by Governor Lawton Chiles, which provided guidance to the Legislature for the 1996 rewrite of the Florida Administrative Procedure Act. Ms. Edenfield also served on the Florida Consumers Council, appointed by Florida Agriculture Commissioner Bob Crawford. Ms. Edenfield is a member of the Florida Bar, the Environmental and Land Use Law, Administrative Law, Real Property, Probate and Trust Law, and Governmental Lawyers sections of the Florida Bar. Ms. Edenfield frequently writes articles for statewide business publications on environmental and administrative law issues. Ms. Edenfield is the author of AAttorneys= Fees and Costs@ for the Florida Bar Journal published in March 1997. Ms. Edenfield is a past president and current member of Tallahassee Women Lawyers, a member of the Florida Association for Women Lawyers and the Tallahassee Bar Association. In the community, Ms. Edenfield is the past chair of Keep Tallahassee -Leon County Beautiful and is a member of Leadership Tallahassee. Ms. Edenfield is also a sustaining member of the Junior League of Tallahassee. Ms. Edenfield has received an AV rating from the Martindale - Hubbell Law Directory. ASSOCIATE ATTORNEYS $ GENE ADAMS. Gene Adams received his Bachelor of Science Degree in Journalism from the University of Florida in 1976. He received his Juris Doctorate Degree from The Florida State University in 1980. During law school, Mr. Adams worked as a committee staff member and research assistant in the Florida House of Representatives for the House Judiciary Committee and the House Claims Committee, chaired by former Speaker of the House, James Harold Thompson. Mr. Adams entered the private practice of law with a focus in the area of municipal electric utilities and water utilities regulation before the Florida Public Service Commission. In 1984, he became Director of Legislative Affairs and later Deputy Chief of Staff for then Governor Bob Graham. His duties included direct responsibility for lobbying the Governor =s program through the Legislature and policy advisement on all current matters involving the Legislature. Adams left that office in January 1987 to pursue a private practice of law where he engaged in lobbying for clients, including the City of Tallahassee, the Correctional Medical Authority and Florida Insurance Defense Lawyers Association. -10- Agenda Item No. 10D September 27, 2005 Page 85 of 117 In 1988 Mr. Adams again entered public service as Chief Cabinet Aide for Attorney General Bob Butterworth. As Chief Cabinet Aide from 1988 through 1991, Mr. Adams= duties included direct responsibility for the review and recommendations to the Attorney General on legal and policy matters affecting the State on a wide variety of issues. These policy matters included environmental permits, natural resource protection, education matters, advisement on budgetary decisions including budget reductions and oversight of governmental agencies. Most recently Mr. Adams served as Vice President of Governmental Affairs for the Florida Association of Realtors for the last 12 years. There he was responsible for the legislative office of the 100,000 member association. Realtor interests included legislation affecting licensure, real estate transactions, affordable housing issues and tax and budget issues. Adams directed the legislative program, political affairs, grassroots political operation, political action committee and fundraising efforts of the association as well. Mr. Adams currently serves on the Board of the Ronald McDonald House of Tallahassee. Mr. Adams, practice focuses on governmental affairs, administrative law and litigation. SPECIAL CONSULTANTS $ STEVE RODDENBERRY. Mr. Roddenberry is a 1983 graduate of The Florida State University (B.S. in Business Administration). From 1983 until 2003, Mr. Roddenberry worked in various capacities with the State of Florida in the Department of Banking and Finance and the Department of Insurance (Office of Insurance Regulation). From 1983 through the mid 1990s, his work in the Department of Banking and Finance as a financial examiner, financial specialist and then as financial administrator led him to his expertise in many areas of banking and finance. His work within the Division of Banking began as bank examiner and worked up to his position as Financial Administrator where he supervised professional financial institution examiners and financial review specialists; reviewed financial institution examination reports; and developed /administered corrective action plans where appropriate. In 1994, Mr. Roddenberry was appointed Receivership Manager in the Department of Insurance =s Division of Rehabilitation and Liquidation. As the court- appointed Deputy Receiver, Mr. Roddenberry supervised the rehabilitation or liquidation of struggling or failed insurance companies and self - insurance funds. In 1997, Mr. Roddenberry was hired as the Chief of the Bureau of Property and Casualty Forms and Rates in the Division of Insurer Services of the Department of Insurance. In this position, Mr. Roddenberry supervised eight property and casualty rating actuaries and their respective staffs as well as the policy and contract review analysts. Beginning in 2000, in his capacity as Deputy Director of the Division of Insurer Services, he oversaw the Department =s three solvency bureaus. The responsibilities of this position included the review of examinations produced by the bureaus and the development of means to resolve concerns identified in those examinations. Likewise, applications for authority to write all lines of insurance in Florida were within the -11- Agenda Item No. 10D September 27, 2005 Page 86 of 117 purview of Mr. Roddenberry=s duties. More recently, as Deputy Director of the Office of Insurance Regulation, his responsibilities included oversight of the two rating bureaus (Property and Casualty and Life and Health). In this position, Mr. Roddenberry was intensely involved in resolving significant rate and form filings submitted by insurers. Finally,.over the course of the last few years, Mr. Roddenberry has developed a particular level of expertise in the areas of mold, credit scoring and medical malpractice. $ R.Z. ASANDY@ SAFLEY. Mr. Safley joined Pennington, Moore, Wilkinson, Bell & Dunbar as a consultant in December of 1999. Prior to joining the Firm, Mr. Safley served as Executive Assistant to Florida =s Lieutenant Governor, as a member of the Pinellas County Sports Authority, and as a member and Vice Chairman of the Florida Marine Fisheries Commission. Mr. Safley was elected to the Florida House of Representatives in 1988 representing parts of Pinellas, Hillsborough and Pasco counties. He served for five terms before retiring and returning to the private sector. His legislative committee assignments included Financial Services (Insurance, Banking and Securities), where he served as Chairman, Rules, Resolution & Ethics; Water & Resource Management; Commerce; Public Utilities; Natural Resources; Education; and Finance and Taxation, and he served on the Economic Impact Council of the House and as Policy Chair of the House Republican Conference. Mr. Safley served on the Board of Directors for Enterprise Florida =s Capital Development Board from 1996 -1998 and currently serves on the Board of Directors of the Coastal Conservation Association of Florida and the Homeowners= Incentive Team that provides mitigation incentives for property casualty insurance. Currently, Mr. Safley represents clients before the executive and legislative branches and the Cabinet regarding issues such as workers = compensation, property insurance, securities issues, and Internet technology. $ MEREDITH WOODRUM SNOWDEN. Ms. Snowden joined Pennington, Moore, Wilkinson, Bell & Dunbar as a consultant in January of 2002. She is a graduate of Randolph -Macon Woman =s College, Lynchburg, Virginia (B.A., English, 1989, minor in Communication). Priorto joining the Pennington, Moore, Wilkinson, Bell & Dunbar Firm, Ms. Snowden was a Legislative Research Assistant with the Committee on Utilities and Communications of the Florida House of Representatives. She subsequently held a position as Legislative Research Specialist with the Committee on Financial Services, where she researched and analyzed legislation. While serving as a research specialist with the Committee on Financial Services, Ms. Snowden co- authored AMitigation: Reducing the Cost of Hurricanes in Florida. @ Most recently she held the position of Legislative Analyst with the Committee on Insurance of the Florida House of Representatives, where she researched and analyzed insurance legislation and functioned as a technical expert to legislators and the public on new and ongoing issues affecting the insurance industry. She co- authored ALicensure of Insurance Producers: The Gramm - Leach- Bliley Act, the NAIC Producer Licensing Model Act, and Florida Law. @ Ms. Snowden brings many years of experience with insurance industry legislation to the Firm and will be concentrating her efforts on behalf of our legislative and governmental clientele. -12- p Lo r- C) �N O O Z N 00 m " a) —C E '0 tv N0 P� tv Ci C �0 N Me- " N y O - io •0 O O r N O O�Q� O_ (q co O .0 O C N N C ®p 11 W O�Q O aM -CD m I'a � O � O t to � r c 6 � [n p CL O .0 •O O 'D O O O N C a m�ss.a�.o�. r - COCO C c C ` CO _ m O C E 7 O CLU00�yU 0 m Q prmmo c3 0 CL >% 0 0 0 � E 4) E ca c Cl) O c a --a CO c 3 c � o 2 0 o U Q. Y a CA UJ •o CD .a r 75-6 O Lo- CO t .Oc CD pp O ea a� I M Agenda Item No. 1 O September 27, 2005 Page 88 of 117 3)(a) Proposerns past performance and experience in governmental representation and consulting With over 175 years of combined governmental experience as elected officials and governmental staff and as governmental consultants, the Firm has a thorough understanding of the legislative, regulatory, and administrative processes in the State of Florida. The experience of the Firm transcends party affiliation, age, gender and race. The Firm's diverse client base includes Fortune 500 companies, local governments, statewide non - profit organizations and associations, as well as a variety of governmental and municipal entities. The Pennington Firm has extensive experience in representing local governments and governmental type entities in legislative, legal, agency, and appropriations matters. Currently, the Firm represents the following local government entities for the specified number of years: Miami -Dade County (3 years), Volusia County (16 years), Pinellas County (3 years), the City of Clearwater (7 years), Tampa Bay Water (9 years), Florida Governmental Utilities Authority (6 years), City of Ormond Beach (3 years), City of South Daytona (6 years), City of Daytona Beach (6 years), Statutory Teaching Hospital Council (12 years), the City of Palm Coast (2 years) and the City of New Smyrna Beach (2 years) and the Northwest Florida Water Management District ( 30 years). In the past, members of the Firm have represented the following local government entities for the specified number of years: City of DeBary (1 year), City of Deltona (1 year), City of Longwood (1 year), City of Palm Bay (1 year), City of West Melbourne (1 year), Broward County (3 years), Flagler County (3 years), Walton County (2 years), Hillsborough County Hospital Authority (11 years), St. Johns County School Board (1 year), St. Johns Water Management District (1 year), Sumter County (6 years), and Florida Property Appraisers (7 years). As legislative counsel for these local government entities, the Firm has successfully assisted with a wide variety of issues including capital improvement projects, urban redevelopment, annexation, growth management, retirement, court and county administration, workers compensation, environmental and waste management, telecommunications, health care, medicaid, transportation, building code and contractor licensing, and consumer issues, hurricane relief, Article V, as well as all appropriations issues. Some of our specific accomplishments on behalf of local governments are listed in Section (3)(c). In addition to the Firm =s extensive governmental representation of local governments, the Firm also has a large list of business and association clients. This client base provides us with the ability to direct suggested contributions to statewide and legislative campaigns. Our local government clients, which cannot contribute to political campaigns, benefit from our significant political giving. —14— Agenda Item No. 10D September 27, 2005 Page 89 of 117 With its varied experience in the legislative process, the Firm has the capability to act as lead lobbyist on a team or to cover one issue area or focus on a key contact. The Firm has also had the opportunity to engage subcontractors on speck issues for existing clients and had the opportunity to represent clients as a joint venture with other lobby firms. All subcontractor or joint venture relationships are approved in advance by the client. 3)(b) Related project experience on comparable contracts within the last 5 years $ Miami -Dade County (2003 - present) The Firm provides legislative and executive branch representation to Miami -Dade County on substantive legislation as well as appropriations matters. The Pennington Firm is a prime contractor. The Pennington Firm has achieved the following accomplishments on behalf of Miami - Dade County: Substantive Legislation 1. Passed Revenue Maximization bill (SB 1454). 2. Passed language in Medicaid conforming bill which allowed local governments to sponsor health flex plans and which extended the sunset of the health flex statute. 3. Substantially amended and worked on passage of legislation dealing with Foster Care and the Road to Independence (SB 512). 4. Passed legislation reforming the Commission on Transportation Disadvantaged (SB 1168). 5. Passed language in omnibus transportation bill which conformed Florida law regarding commercial drivers licenses to Federal law. 6. Played key role in Article V negotiations with Legislature. 7. Defeated Surety Bond Bills two years in a row. 8. Assisted in getting Bail Bond Bill vetoed. Appropriations and Other Financial Matters 1. Facilitated letter of commitment from Florida Department of Transportation to fund 25% of Metro Rail projects upon receipt of a New Starts rating of ARecommended@ from Federal Transit Administration. This is a commitment of hundreds of millions of dollars. 2. Obtained a $450,000 grant extension from the Office of Tourism Trade and Economic Development regarding a land swap with Miami -Dade Public Schools in a matter of days in order to avoid lapse. 3. Secured final $1 million from the Department of Community Affairs for Hurricane Andrew Disaster Relief Funds. 4. Reduced the cut in the Transportation Disadvantaged funds to be provided to Miami - Dade County by $5 million through direct work with Secretary Levine. 5. Secured over $1 million for FTAA at the request of the County. -15- Agenda Item No. 1 O September 27, 2005 Page 90 of 117 The client contact is: Joe Rasco, Director of I ntergovem mental Affairs Stephen P. Clark Center 111 NW 1$ Street 10"' Floor Miami, Florida 33128 -1994 305- 375 -5600 (office) (305) 375 -5639 (fax) e -mail JRASCO@miamidade.gov S Florida Statutory Teaching Hospital Council (1993- present) The Firm provides legislative representation to the Florida Statutory Teaching Hospital Council on graduate medical education and Medicaid reimbursement issues for primary care, trauma care, indigent care, and graduate medical education. The Firm also works on other more general hospital issues, including certificate of need and medical malpractice issues. The Firm has represented the teaching hospitals since 1993. In this role, the Firm has successfully secured funding for the teaching hospitals for graduate medical education, trauma care, primary care and indigent care. The client contact is: Jules Kariher, Vice President of Governmental Affairs Jackson Memorial Hospital 1611 NW 12th Avenue Miami, Florida 33136 (305) 565 -6754 (office) fax: (305) 324 -0064 e -mail: jkariher@um-jmh.org S Pinellas County (2002 - Present) Since 2002, the Firm has been the lead consultant in a joint venture with two other lobbying firms in providing general legislative and administrative representation to Pinellas County on all issues impacting county government, including appropriations matters. The Firm was successful in increasing Medicaid dollars available for health care in Pinellas County. The Firm also successfully defeated an effort to increase Pinellas County =s contribution for nursing home beds under the Medicaid program. The Firm successfully defeated annexation legislation which would have impacted Pinellas County and worked to resolve Article V implementation issues unique to Pinellas County. The Firm is the lead on transportation issues for the County and has represented Pinellas County on major legislative initiatives including growth management legislation, impact fee legislation and .M Agenda Item No. 10D September 27, 2005 Page 91 of 117 employment legislation. The Firm participates in the Large County Coalition on behalf of Pinellas. The client contact is: Elithia Stanfield County Administrators Office 315 Court Street Clearwater, Florida 33756 (727) 464 -3485 (office) (727) 464 -4384 (fax) email: estanfie@co.pinellas.fl.us $ Volusia County (1989- Present) The Firm has represented Volusia County for over 15 years and has worked on a wide range of funding and substantive issues for the County. For several years, the Firm has successfully fought to preserve Volusia =s Countywide EMT service which was attacked by the Cities and the fire unions. Over the years, the Firm has dealt with most every local government issue for Volusia County and secured tens of millions of dollars for local projects. The client contact for Volusia County is: Ms. Dona DeMarsh, Government Relations Manager Volusia County 123 West Indiana Avenue DeLand, FL 32720 (386) 736 -5920 office (386) 822 -5707 fax e -mail: ddemarsh @co.volusia.fl.us $ Tampa Bay Water (formerly known as West Coast Regional Water Supply Authority) (1994 - Present) The Pennington Firm provides executive branch and legislative representation for Tampa Bay Water, the regional water supply authority in the Tampa Bay Area serving over 2.4 million people. The Pennington Firm created and passed the legislative initiative creating Tampa Bay Water and has been a part of every legislative initiative relating to water quality, supply and development since its inception. -17- z Agenda Item No. 10D September 27, 2005 Page 92 of 117 The client contact for Tampa Bay Water is: Mr. Donald D. Conn, General Counsel Tampa Bay Water 2535 Landmark Drive, Suite 211 Clearwater, Florida 33761 -3334 (727) 796 -2355 (office) (727) 791 -2390 (fax) fax e -mail: dconn@tampabaywater.org 3)(c) Information documenting successful appropriations results obtained on behalf of local government clients in the last five (5) years $ City of Apopka 2002: Passage of a statewide grant program which would secure public funding in the construction of new agriculture centers, one of which will be in the City of Apopka. $ Broward County 2000: Passage of legislation which created a public records exemption for certain child support enforcement agencies. Passage of legislation which allows access to patient records by managed care rehabilitation providers. City of Clearwater: 2004 Homeland Security Volunteer Team ................................. ............................... $ 100,000 Emergency Operations Center ......................................... ............................... $ 100,000 Affordable Housing Appropriation funding with no cap; Funding of Brownfield Bonus Award and funding of Economic Development tools including funding for Qualified Target Industries, Qualified Defense Contractor and High Impact Performance Incentives. Revised code enforcement filing fee to $10.00 for those cases resolved outside of court and $40.00 for contested proceedings. Extended the Brownfield Loan Guarantee Program. 2003 Funding of Ross Norton Aquatic Center; $200,000 Protection of the Sadowski /SHIP affordable housing funding source; increased allowable per -diem rate for municipal employees. 2002 —18— Agenda Item No. 10D '► September 27, 2005 Page 93 of 117 StevensonCreek .............................................................. ............................... $1,000,000 Clearwater Homeless Intervention Program ...................... ..............................$ 470,000 2001 Greenwood Community Health Center ............................ ............................... $ 50,000 Clearwater Homeless Intervention ..................................... ..............................$ 100,000 2000 Clearwater Stevenson Creek ....................... ............................... .....................$1,500,000 ClearwaterTown Pond ..................................................... ............................... $ 400,000 City of Clearwater Brownfield Remediation ...................... ............................... $ 500,000 Clearwater Homeless Intervention .................................... ............................... $ 100,000 N. Greenwood Branch Library .......................................... ............................... $ 300,000 Clearwater Beach Monorail .............................................. ............................... $ 150,000 Greenwood Community Health Center ............................. ............................... $ 50,000 Spring Training Franchise Retention ....................... ............................... Up to $15 million City of Daytona Beach 2005 Bay Street Stormwater Improvements ............................. ............................... $ 500,000 Passage of local bill revising the statutory submerged land lease for the Daytona Beach pier. 2004 B -3 Pond Stormwater Project ( SJRWMD) ......................... ..............................$ 576,000 Passage of legislation codifying the Daytona Beach Downtown Development Authority 2003 HistoricPier (FCT Grant) .................................................. ............................... $3,000,000 2001 Passage of legislation which gave the City a statutory submerged land lease for the Daytona Beach Pier for the purpose of assisting economic development. Miami -Dade County 2005 Passage of SB 1168 regarding the Commission on Transportation Disadvantaged which reduces the number of board members, prohibits conflicts of interest and imposed legislative oversight. Facilitated a letter from the Florida Department of Transportation to Miami -Dade Transit which commits the State to fund 25% of Metro Rail projects upon receipt of a New Starts —19— Agenda Item No. 10D September 27, 2005 Page 94 of 117 rating of ARecommended@ from Federal Transit Administration. This is a commitment of hundreds of millions of dollars. 2004 Facilitated substantially amendment and final passage SB 512 dealing with Foster Care and the Road to Independence. Ensured amendment to omnibus transportation bill which conformed Florida law regarding commercial drivers licenses to Federal law. Actively negotiated various Article V issues with key leadership on behalf of the County. Defeated Surety Bond Bill which would have cost the County millions of dollars. Obtained a $450,000 grant extension from the Office of Tourism Trade and Economic Development regarding a land swap with Miami -Dade Public Schools in a matter of days in order to avoid imminent lapse of the grant. Secured the final $1 million from the Department of Community Affairs for Hurricane Andrew Disaster Relief Funds owed the County for many years. Reduced the cut in the Transportation Disadvantaged funds to be provided to Miami -Dade County by $5 million through direct work with Secretary Levine. 2003 Passage of SB 1454 regarding Revenue Maximization - i.e. federal draw down. Ensured amendment to the Medicaid conforming bill which allowed local governments (Miami -Dade County) to sponsor health flex plans and which extended the sunset of the health flex statute. Actively negotiated all Article V issues with key leadership on behalf of the County. Defeated the Surety Bond bill which would have cost the County millions of dollars. Interfaced with the Governor and his top staff in opposition to the pretrial release bill (Bail Bond Bill) which was ultimately vetoed. Secured funding for FTAA ........................................ I ....... I ........ I ..................... $1,000,000 -20- Agenda Item No. 10D September 27, 2005 Page 95 of 117 City of New Smyrna Beach 2005 Julia Street Stormwater .................................................... ............................... $ 200,000 Played a key roll in the broadband legislation to the benefit of the City. 2004 Special Session Dune Restoration ......................................... ............................... .....................$3,780,000 City of Ormond Beach 2005 North Peninsula Wastewater ( SJRWMD) ......................... ............................... $ 500,000 2004 North Peninsula Wastewater ( SJRWMD) ......................... ............................... $ 500,000 2002 OrmondInterchange ......................................................... ............................... $ 150,000 Enhancementof US1 Corr ................................................ ..............................$ 200,000 Assisted with the state purchase of an historic preservation site (Three Chimneys) and the lease of the same back to the City. Assisted with the acceleration of a DEP permit review and approval. City of Palm Coast 2005 Facilitated the acceleration of two FDOT projects by 2 years each. Played a key roll in the broadband legislation to be benefit of the City. 2004 Facilitated acceleration of an FDOT project in the 5 year plan by one year. 2003 Assisted with legislation relating to the sale of Florida Water Services, which in turn helped facilitate the sale of the local Florida Water Services plant to the City of Palm Coast. -21- t Agenda Item No. 10D September 27, 2005 Page 96 of 117 Volusia County: 2005 North Peninsula Wastewater Project ( SJRWMD) ............. ............................... $ 500,000 Spring Hill Waste & Stormwater ....................................... ............................... $ 187,500 Stone island Wastewater ................................................. ............................... $ 582,975 2004 Special Session DuneRestoration ......................................... ............................... ..................... $2,220,000 2004 SpringHill Project ............................................................. ............................... $ 250,000 North Peninsula Wastewater Project ( SJRWMD) ............. ............................... $ 500,000 2002 Daytona Area Trans. Solution ............................................. ..............................$ 4 million 14 Frontage ........................................................................ ............................... $ 1.36 mil OffBeach Parking ............................................................ ............................... $ 500,000 In order to provide local governments with the necessary information for timely evaluation of traffic control and design after an automobile accident, we passed general legislation which allows local governments to share motor vehicle crash reports with one another within 60 days from the date of the accident report. 2001 Passage of statewide legislation which requires greater communication between local and state governments prior to the issuance of a land fill permit by the Department of Environmental Protection. The Firm was also instrumental in passage of legislation giving counties greater flexibility in the methods by which they sell and lease real property. 2000 Stone Island Wastewater Plant ......................................... ............................... $ 750,000 South Waterfront Park Wastewater ..................................... ..............................$ 2 million The Firm revised a claims bill against the county to provide a more favorable payment schedule. Walton County 2002 Choctawhatchee Bay Wastewater Improvements ................ ...........................$1.5 million 2001 Chipley Improvement Program ......................................... ............................... $ 65,805 51413 Agenda Item No. 10D September 27, 2005 Page 97 of 117 Harbesen Field Improvement Program .............................. ..............................$ 102,225 Harry Laird Senior City Park .............................................. ..............................$ 50,000 The Fairgrounds Renovation Project ................................. ..............................$ 50,000 North Walton County Community Agricultural Center ..... ............................... $ 100,000 Portland Community Agricultural Center .......................... ............................... $ 150,000 Red Bay Community Emergency Disaster Center ............. ..............................$ 166,000 Choctaw Beach Community Emergency Disaster Center ............................... $ 166,000 GeoPark Bike Trail .............................................................. million ...........................$1.9 South Walton County Sewer Improvements ......................... ...........................$1.5 million Walton County Hill -Burton Extended Congregated Care Hospital Conversion....................................................................... ............................... $ 357,000 Walton County Health Department/DeFuniak Springs Facility ....................... $ 500,000 Passage of legislation exempting the paving of certain rural roads and bridges from requirements to obtain DEP permits, potentially saving the small counties millions of dollars on permitting and mitigation expenses. 4) Summary of Collier County =s lobbying needs and proposed methods for determining issues The Pennington Firm consists of former legislators, former legislative staff and former executive agency staff. The depth of the experience in the legislative process and in governmental consulting provided by the Pennington Firm makes Pennington unique among lobbying firms. For virtually any issue that arises, at least one member of the Pennington Firm has worked on a related issue. It is not at all unusual for members of the Pennington Firm to have authored or previously sponsored particular legislative programs which may be an issue in any given legislative session. The Pennington Firm has the ability to connect with legislative delegations throughout the state to demonstrate why and how issues impacting Collier County are important to the rest of the state. The Firm understands local government and County related issues very well and can assist in the policy development as issues work their way through the legislative process. What makes the Pennington Firm unique with regard to these and many other issues addressed by the Legislature is the fact that our Firm members are active participants in legislative negotiation, are looked to by legislators for advice on many substantive and strategic matters, and are well respected in all circles of the legislative process. —24— Agenda Item No. 10D September 27, 2005 Page 98 of 117 Collier Countyms Lobbying needs and methods for determining issues The Pennington Firm has the experience to identify issues and recommend proactive legislative strategies that will benefit the County. With such a large, full -time lobby team based in Tallahassee representing a broad spectrum of clients with a wide array of issues, the Firm often is aware of potential legislation and opportunities well before the general public. If relevant to the County, these opportunities would be presented to the County, and the Firm would assist with the development of strategies to take advantage of such opportunities. Because of the depth of the Firm =s collective experience as legislators, lawyers, lobbyists, and legislative staff, we have a keen understanding of what works and what does not work in the legislative arena. The Firm will identify and notify the appropriate County personnel in advance of opportunities related to grants and funding availability for transportation, community and economic development, environmental matters, infrastructure improvement, hurricane recovery efforts, housing and urban development, homeless programs, intermodal programs, and any other areas that may be of interest to Collier County. The Firm will work with County Department heads and staff to spearhead efforts to seek demonstration grant opportunities for funding Collier =s priorities. The Firm also will work closely to assist the County in obtaining state permits and grants as well as helping to identify grant opportunities. The Firm always strives to get the best for our clients by creating a proactive atmosphere for the client. The Firm =s experience creating a state spring training funding program on behalf of the City of Clearwater is a good example of creating a proactive atmosphere. In analyzing the Govemor =s vetoes of the initial spring training funding, the Pennington Law Firm created a strategy for client success in the next session. Drawing on the legislative experience of drafting and passing the first publicly funded sports stadium in Florida =s history and the knowledge of various tax incentive /credit programs, the Pennington Firm found an untapped source of tax credits and drafted detailed legislation for a new statewide program to use these tax credits for the benefit of Clearwater. The Pennington Firm worked with affiliated spring training venues in the passage of the legislation, but always made sure the ranking criteria would have Clearwater safely in the funding allocation. The program was a success, passing the Legislature unanimously and being signed by the Governor, and was the cornerstone of continuing Clearwater =s spring training tradition. As another example of the Firm =s creative initiative, the Firm was successful in passing legislation which granted a statutory 35 -year submerged land lease to the City of Daytona Beach at a nominal cost for the lands underlying the historic Daytona Beach pier. In 2002, the Firm assisted the City of Daytona Beach in its application for funding before the Florida Communities Trust Board and were awarded a $10 million grant ($6 million state match) for development of the pier and boardwalk public space. -25- Agenda Item No. 10D September 27, 2005 Page 99 of 117 In developing the 2006 legislative agenda, the Firm will use its wealth of experience to assist with the initial development and any necessary modifications to the County =s agenda to ensure success this year and in the years to come. Below is a short summary of our experience with issues which may be of interest to the County. Article V The Pennington Firm has played an integral role in the Article V issues on behalf of Miami - Dade County and Pinellas County during its years of representation. The Firm is intimately familiar with Article V related issues and all of the key players and stakeholders. Economic Development The Pennington Firm has significant experience with a wide variety of economic development issues including the following: represented Gulf Coast Jewish Family Services for a number of years and successfully helped it secure state appropriations through the Agency for Work Force Innovation for non - custodial parent work programs; created and expanded enterprise zones for Clearwater and South Daytona; created and expanded Brownfield zones for Clearwater and Universal Studios Florida; and drafted and facilitated passage of Spring Training legislation. The Firm has experience working on QTI issues and has experience in the creation and expansion of enterprise zones. Flood Mitigation The Pennington Firm has successfully obtained state funding through line item and water management district grants for dozens of flood mitigation projects over the years. Growth Management The Pennington Firm is involved with the growth management legislation whenever it arises. The Firm assists its local government clients, the Real Property Section of the Florida Bar, the Florida Realtors Association, the National Association of Industrial and Office Properties and others with various growth management issues. The Firm expects to be involved in any Aglitch@ bill legislation resulting from the passage of SB 360 in 2005. Hurricane Mitigation Legislation With its insurance clients, the Pennington Firm is very familiar with all issues related to windstorm and property insurance. The Firm also helped secure nearly $6 million in the most recent special session on behalf of two storm ravaged local governments. Juvenile Justice On behalf of its county clients, the Pennington Firm has participated in the negotiations on the DJJ Cost Shift. :K."'. Agenda Item No. 10D September 27, 2005 Page 100 of 117 Medicaid On behalf of its county clients, Jackson Memorial, the Florida Statutory Teaching Hospitals, and our pharmaceutical clients, the Pennington Firm works very closely with Florida Medicaid and the members and staff with the appropriate health committees on most aspects of the Medicaid Program. The Firm has close contacts with the Bush Administration officials overseeing the Medicaid program. Transportation During the 2005 Session, the Firm was successful in obtaining a letter of commitment on behalf of Miami -Dade County to obtain hundreds of millions of dollars from the Florida Department of Transportation regarding Metro Rail, and the Firm has successfully obtained numerous line item appropriations for various road projects. Water Reservations Pennington Firm members are in every water resource and reservation related meeting on behalf of our client, Tampa Bay Water. The Pennington Firm is at the table in all significant negotiation meetings dealing with these issues. 5) Proposers location and ability to provide ongoing access and responsiveness throughout the contract The Pennington Firm will undertake lobbying services on behalf of Collier County from its main offices, located within a block of the Capitol building in Tallahassee, Florida. The Pennington Firm has the capability to communicate effectively with Collier County concerning its needs and interests. The Firm =s 11 full -time Tallahassee -based lobbyists will provide the County with year -round contacts to legislators and, just as importantly, legislative staff. Key to effective representation will be the establishment of clear lines of communication between the client and the Firm. During the legislative session, the Pennington Firm will be available and on call 24 -hours a day, 7 -days per week to respond to any calls or pages from the County Commission or designated County staff. The Firm also will meet with the County lobbying team on a weekly basis to share information, provide updates and progress reports, discuss strategy and goals, and assign coverages. The Pennington Firm will meet daily during session for the same purposes. To facilitate immediate contact when necessary, the Firm will provide the County with a list of the cellular and office telephone numbers, pager numbers, e-mail addresses, and other key contact information. While the Legislature is not in session, the Firm will report via conference call or written updates to the appropriate County officials on a monthly basis to share information, provide updates and progress reports, discuss strategy and goals, and assign coverages. The Firm will submit weekly written reports to the County =s designated contact person(s) during the legislative session, and the Firm will submit monthly written reports while the Legislature is not in session. The regular weekly written reports will provide an update on -27- Agenda Item No. 10D September 27, 2005 Page 101 of 117 the status of all issues monitored on behalf of the County, including actions taken on behalf of the County and any necessary recommendations for future actions. The monthly written reports during Aoff- session@ periods will generally provide an update on task forces, administrative law matters, any relevant legislative matters, and any other meetings, hearings, proceedings or other information of interest to the County. Written reports regarding potential legislation or other opportunities will be sent when any concepts or opportunities arise. The Firm will submit an annual post- session report outlining the final status of the issues of interest to the County. The Firm believes the most efficient means to submit regular written reports is electronically, however the Firm can deliver reports to the County by any means and in any format requested. Other reports will be sent via the most appropriate means given the sensitivity of the matter discussed. All verbal reports will be given to the County =s legislative affairs director or other designated individual. Upon request by the County, the Firm will forward all required reports to the appropriate County staff and officials in the number of copies as requested by the County. 6) Evidence of the Firm=s ability to manage projects simultaneously and expeditiously; approach to problem /task resolution; and methodology /data gathering techniques and procedures; and teamwork Proposerms approach and work plan The Pennington Firm offers the combination of experience, qualifications, talents and abilities to provide the County with representation before the executive and legislative branches of state government. The Pennington Firm, with 3 former members of the Florida Legislature and over 175 years of combined experience in representation of clients before the Florida Legislature, possesses a working knowledge of the legislative process at the state level virtually unmatched by any other Florida firm. Each of the members of the Pennington legislative team, including 8 members of the Florida Bar, possess a strong working knowledge and experience With the regulatory and administrative process at the state level. The Pennington Firm has well over 75 years of cumulative experience representing local government entities and interests, including large counties, small counties, municipalities, special taxing districts and governmental authorities. All of the Flrm =s efforts on behalf of the County will be integrated with the County =s staff and elected officials to ensure a strong consistent legislative program. -28- Agenda Item No. 10D September 27, 2005 Page 102 of 117 Proposerms experience and depth to provide a full range of advocacy services on any County policy position With over 175 years of combined experience, the Firm has a thorough understanding of the legislative, regulatory, and administrative processes in the State of Florida. The Firm offers its clients the depth and experience of 3 former legislators (2 Republicans and 1 Democrat), former Republican General Counsel to the Chief Financial Officer, a former Democratic General Counsel to the House of Representatives, former campaign staff to Republican and Democrat statewide candidates, and former members of legislative staff. The experience of the Firm transcends party affiliation, age, gender and race. The Firm has existing relationships with leadership of both the Democrat and Republican parties in the Senate and the House. The Firm enjoys a strong relationship with Governor Jeb Bush, who was supported from the inception of his first campaign and throughout his re-election campaign. In the 2004 election cycle, the Firm managed over $2 million in political contributions and used these contributions to support many of the newly - elected members of the Florida Legislature. The Firm =s extensive network of contacts within the Legislature and departments and agencies of the state also can provide critical, time- sensitive governmental information that will assist the client in making informed decisions relating to the legislative and regulatory process. The Pennington Firm =s full range of lobbying legislative counsel and advocacy services include regularly meeting with the individual members of the Legislature from every area of the state in order to clearly articulate and advocate the County =s position on issues. The Firm is available to appear and testify at Legislative Committee hearings on behalf of the County in support of or in opposition to legislation. Each and every member of the Firm is available to attend and appear before committee meetings on behalf of the County as assigned. The Firm will monitor and review all substantive floor amendments and bills, and will prepare reports advising the County of the status of legislation and the County =s issues during the legislative session. Proposers capability to provide in -depth research and complicated legislative drafting services to the County The Firm is equipped to handle any client legislative research request. The Firm's advanced research capabilities include utilization of the latest legislative and legal research technologies to track County- related issues and identify emerging opportunities which might impact Collier County. These include online access to legislative information via Capitol Audio Access, LobbyTools, Online Sunshine, Westlaw and other Internet resources. The Firm subscribes to the LobbyTools legislative tracking system. This system allows the Firm to set up accounts for each client and track electronically the movement of legislation IRE Agenda Item No. 10D September 27, 2005 Page 103 of 117 through the process. Further, the system can be programmed to e-mail or page the Firm =s lobbyists anytime important legislation is acted upon. The system provides the Firm access to all filed legislation, summaries of bills, and bill analyses. Lobby Tools also scans all legislation for amendments to statutes that impact Collier County and will notify the Firm of such activity. The Firm is prepared to obtain documentation and research materials and deliver materials at the request of the County. With regard to its ability to draft complicated pieces of legislation, the Pennington Law Firm stands alone. The Pennington Law Firm prides itself on the lawyers and former legislative staff members who have drafted some of the most complex legislation considered. Proposers methodology including specific policies, procedures or techniques to be used In performing the services described in the Scope of Services The Pennington Firm offers the County a range of policies, procedures, and techniques to be used in performing the scope of services required. These include the capability to communicate effectively with the County, the ability to draw on years of experience to recommend pro - active strategies to benefit the County, the depth and experience to advocate for the County on any issue, and the ability to provide in -depth research and complicated legislation drafting service to the County. Functioning as a true team, the Firm =s policy and practice is to assign client issues and tasks to the Firm member(s) with the most experience, best contacts and overall capabilities to perform the task. Proposers approach to project organization/management and teamwork The Firm employs a multi- tiered approach to its organization and management of the issues of a particular client. First, assuming the client =s issues have been previously defined, one or two Firm leaders are assigned by the section chairperson or the client contactloriginating attorney. Pete Dunbar and Sam Bell will serve as Firm leaders and Pete Dunbar will serve as primary contact to the County. The Firm leader(s) then will evaluate the client =s issues and assign a team of lobbyists. Issues are broken down by subject matter, and in assigning the lobby team, the Firm leader(s) will weigh factors such as the scope and complexity of the issues, whether there are non -firm members on a larger lobby team, a particular lobbyist =s experience in certain areas and relationships with particular members and committee staff, and other miscellaneous factors. Once the team is formed, specific issue, general subject matter and administrative assignments are made. Administrative assignments include primary contact person forthe client, bill tracking, calendar development, and report preparation. The entire Pennington Firm meets together at least weekly during the session, and Firm members from the various teams meet at least daily. All Firm members are familiar with all client issues so that they are able to share pertinent information with the appropriate team leaders. Firm leader is responsible for management of strategy, internal communication, task -30- Agenda Item No, 10D September 27, 2005 Page 104 of 117 assignments and oversight of team members. Firm members are responsible for appropriately and effectively carrying out assignments and internal communication. Responsibilities of Propose'-=$ management and staff personnel that will perform work in this project Each and every member of the Pennington Firm is available to work on issues based on the needs and best interests of the client. Often, relationships and contacts with the legislators and the staff are as important as knowledge of the issues, The depth of talent on the Pennington Firm allows for coordination of the best contact person(s) with those with knowledge of the issue in order to gain the best access point and messenger to get the interests of the client presented to the appropriate decision maker. The Pennington Firm will coordinate with Collier County staff and all Firm members. The Firm will engage its entire governmental affairs section for Collier County as needed. These members are Pete Dunbar, Sam Bell, R.Z. ASandy@ Safley, Doug Bell, Martha Edenfield, Marc Dunbar, Mark Delegal, Kevin Crowley, Gene Adams, Meredith Snowden, and Steve Roddenberry. Firm members will be assigned to handle certain issues based upon individual expertise and unique legislative contacts. Proposers approach to the scheduling of work While the Firm represents numerous governmental entities and private concerns, each of these representations vary in their scope and complexity. By utilizing a Ateam approach @ to lobbying, the Firm ensures that all client projects receive the requisite time, resources and management attention. In the weeks prior to session, the Pennington Firm meets weekly to schedule coverage of issues and committee meetings. During session, the Firm meets daily to address issues on a client by client basis. This approach ensures that no client priority is overlooked. All 11 lobbyists of the Pennington Firm will be at the Capitol during session covering meetings of interest to the client and coordinating as needed with Collier County staff and other Firm members. While our lawyers and consultants are at the Capitol, our direct support staff of 4 administrative assistants, 2 receptionists, as well as paralegals, law clerks and runners, assist from the office. During the legislative session, the Pennington Firm will be available 24 -hours a day, 7 days a week to respond to any calls or pages from the County Commission or designated County staff. The Pennington Firm is result oriented and will devote the hours as necessary to achieve the legislative goals of Collier County. As a Tallahassee based firm, the Pennington Firm does not have to contend with any travel issues and is able to be in any state office within 30 minutes. The Firm =s offices are -31- Agenda Item No. 10D September 27, 2005 Page 105 of 117 literally a few hundred feet from the Capitol building, allowing the Firm to respond to emergency issues on behalf of the County, whether the issue arises during session or in the interim, quickly and efficiently. Proposer —s ability and approach to complying with the reporting requirements Effective and timely reporting is an essential part of successful legislative representation. The Pennington Firm provides the County with all the information needed to make time sensitive decisions. The Pennington Firm will continue to provide weekly written reports during session and monthly written reports during the balance of the year. These reports are provided electronically and by hand delivery during session and electronically during off-session months. However, the Firm has the ability to generate them in any format requested. Additional relevant information regarding the proposers general work plan Because the Pennington Firm is located in Tallahassee, it is able to fully integrate a work plan on behalf of the County with the policies, procedures and legislative staff of the various state agencies. It is the Firm =s practice on behalf of its clients to coordinate legislative goals and programs as early as possible with the relevant state agency, thereby dramatically increasing the chances of ultimate success in legislative proposals and gubernatorial approval. The Tallahassee location facilitates this year -round contact and fosters close working relationships with Executive agency personnel, as well as Legislative staff. Approach to problem /task resolution With over 175 years of combined governmental experience as legislators serving on or chairing all of the different committees, legislative staff serving for various committees, administrative staff overseeing a whole host of issues, and as private lobbyists representing a wide spectrum of corporate, not - for - profit and governmental clients, the Pennington Firm has a broad range of experience and expertise. However, in issues where it lacks expertise, the Pennington Firm recognizes the value of a diverse team of representatives for client needs and are the consummate Ateam players. @ The Pennington Firm is driven to success by achieving the desired result for the client, not by seeking recognition or credit for the accomplishment. As lawyers, the Pennington Firm is specifically trained to find answers and solve problems. -32- Agenda Item No. 10D September 27, 2005 Page 106 of 117 Proposers approach to enhance the County position with respect to legislation and budgetary authorizations and appropriations The Pennington Firm will enhance the County =s position in numerous ways. In addition to our experience, knowledge, ability and depth, which have been discussed at length elsewhere in this proposal, the Pennington Firm is Tallahassee based and focuses its political efforts throughout the entire state. Because of this statewide focus of political campaign involvement, the Firm has very strong working relationships with legislators from all different regions of the state. Additionally, a diverse client base affords the Firm the opportunity to work with legislators and staff on all of the different committees. These points highlight the breadth and degree of the Firm =s relationships with the Legislature as a whole. This is important. There are various levels of decision makers within the hierarchy of the Legislature. These decision makers are from throughout the entire state and have different committees and substantive areas of focus. Because of the Firm =s substantial political campaign involvement coupled with the depth and diversity of our legislative leadership, the Pennington Firm is able to develop a strong working relationship with every member of the leadership. The continued development and strengthening of these relationships will assist the Firm in our continued efforts to enhance the County =s position with respect to legislation and appropriations. —33— Agenda Item No. 10D September 27, 2005 Page 107 of 117 RFP 05 -3883, "Professional State Lobbyist Services" CONFLICT OF INTEREST 1. Proposer shall provide a list of any businesses and /or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. 2. 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 of services required hereunder. Proposer further represents that no persons having any such interest shall be employed to perform those services. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. By signing below in the space provided, a principal of the firm certifies that he /she has read and understands the above requirements, and that the firm will comply fully with item 2 if awarded a contract by the County. Mark K. Delegal, Esq. Date The Firm provides legislative representation to B.J. Alan, a fireworks retailer, and we may have a conflict with regard to the local regulation of fireworks. The Firm provides legislative representation to the Florida Outdoor Advertising Association and we may have a conflict with regard to the local regulation of outdoor advertising signs. To our knowledge, no other conflicts exist or will arise as a result of the Firm's representation of Collier County. In the event the Firm has a perceived or an actual conflict, we would advise the County immediately to be sure that there is a clear understanding of the situation as well as the solution. -34- Agenda Item No. 10D September 27, 2005 Page 108 of 117 RFP 05 -3883, "Professional State Lobbyist Services" PROPOSERS QUALIFICATION FORM LIST REPRESENTATIVE ENGAGEMENTS FOR PAST LOBBYING — BUSINESS REFERENCES Agency Contact person Tel # Assignment Tampa Bay Water Don Conn 727 - 796 -2355 Lead Lobbyist Pinellas County Elithia Stanfield 727 -464 -3485 Lead Lobbyist City of Clearwater Cyndie Goudeau 727 - 5624090 Lead Lobbyist Volusia County Dona DeMarsh 386 - 736 -5920 Lead Lobbyist LIST CURRENT CLIENTS WHO ARE BEING REPRESENTED BY YOUR FIRM BEFORE THE LEGISLATURE Names of Clients 218 Century Oncology, Inc. Ace Mortgage Funding, Inc. ACT Corporation American Safety Institute, Inc. B.J. Alan Companies Cendant Car Rental Group, Inc. ChoicePoint, Inc. City of Clearwater City of Daytona Beach City of New Smyrna Beach City of Ormond Beach City of Palm Coast City of South Daytona Coastal Conservation Association Florida Coca -Cola Enterprises Correctional Medical Authority Coventry First FCCI Insurance Group First Floridian Auto & Home Insurance Company First Professional's Insurance Company Florida Alliance of Boys & Girls Clubs, Inc. Florida Association of Insurance Agents Florida Association of Public Insurance Adjusters Florida Association of Realtors Florida Chapter of the American Academy of Matrimonial Lawyers Florida Feed Association -35- Name of Agencies Legislative Branch Executive Branch Legislative Branch Legislative & Executive Branch Legislative & Executive Branch Legislative Branch Legislative Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative Branch Legislative & Executive Branch Legislative Branch Legislative & Executive Branch Legislative Branch Legislative Branch Florida Governmental Utility Authority Florida Outdoor Advertising Association Florida Portable Building Manufacturers Association Florida Power & Light Company Florida Recreational Vehicle Trade Association Florida Retail Federation Florida Sheriffs Self Insurance Fund Florida Statutory Teaching Hospital Council Florida Surplus Lines Service Office Fortis Insurance Company Funeral Services, Inc. Golden Rule Insurance Company Gulfstream Park Racing Association, Inc. Liberty Healthcare Corporation McDonald's Corporation Medco Health Solutions, Inc. Miami -Dade County National Association of Industrial & Office Properties National Swimming Pool Foundation New York Life Insurance Company Old Republic National Title Insurance Company Parkway Maintenance & Management Company Pennington, Moore, Wilkinson, Bell & Dunbar, P. A. Poe Financial Group Pinellas County Board of County Commissioners Preferred Governmental Insurance Trust Professional Staffing- A.B.T.S., Inc. Progressive Insurance Company ProNational Insurance Company Real Property, Probate & Trust Law Section Recreational Vehicle Industry Association Schering - Plough External Affairs, Inc. Sepracor, Inc. State Farm Insurance Companies Stewart- Marchman Center Tampa Bay Water Time Warner Telecom United Services Automobile Association Vanguard Fire & Casualty Vector Group, Ltd. Volusia County Willis Re, Inc. -36- Agenda Item No. 10D September 27, 2005 Page 109 of 117 Legislative Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative Branch Legislative & Executive Branch Legislative & Executive Branch Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative & Executive Branch Legislative Branch Legislative & Executive Branch Legislative Branch Legislative & Executive Branch Legislative Branch Legislative & Executive Branch Legislative & Executive Branch Agenda Item No. 10D September 27, 2005 Page 110 of 117 s STATEMENT OF LITIGATION Have you, at any time, failed to complete a project? Yes X No Are there any judgments, claims or suits pending or outstanding by or against you? Yes X No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five -(5) years: The Firm has not filed suit on its behalf against any person or firm in the last five (5) years. The Firm has not been sued in the last five (5) years by any person or firm. -37- Agenda Item No. 10D September 27, 2005 Page 111 of 117 RFP 05 -3883, "Professional State Lobbyist Services" REFERENCES: Bank(s) Maintaining Account(s) BB &T - Paul Sullivan 297 -2321 (Operating Accts) The Bank of Tallahassee - Nic Nickson 668 -9994 (CD) Tallahassee State Bank - Linda Bergman 205 -5173 (Trust Acct) Surety/Underwriter: (if required) Zurich Insurance through the Earl Bacon Agency - Bobby Nylen 878 -2121 Other References: Available upon request Cost Proposal Proposers shall provide the following information: Fixed cost per month for lobbying services: $5,000.00 per month Reimbursable expenses Not to Exceed $6,000.00 per year Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $ .29 per mile Breakfast $ 3.00 Lunch $ 6.00 Dinner $12.00 Airfare Actual ticket cost Rental car Actual rental cost Lodging Actual cost of lodging at single occupancy rate Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine -38- Agenda Item No. 1 O September 27., 2005 Page 112 of 117 RFP 05 -3883, `Professional State Lobbyist Services" 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 firm has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this RFP. Pursuant to information for prospective bidders /proposers for the above - mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: Pennington Moore Wilkinson Bell & Dunbar, P.A. By: Mark K Delegal Title: Director Attested By: Martha J. Edenfield Title: Shareholder Date: August 31 2005 -39- Agenda Item No. 1 OD September 27, 2005 Page 113 of 117 RFP 05 -3883, "Professional State Lobbyist Services" Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter Statutory Limits and Requirements. Policy must include Employer's Liability with a limit of $1,000,000 per each accident. X 2. Commercial General Liability Bodily Iniury & Property Damage (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements. $500,000 Single Limit Per Occurrence X 3. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor /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 the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /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. This section does not pertain to any incident arising from the sole negligence of Collier County. X 4. Automobile Liability $500,000 Each Occurrence Owned/Non-owned/Hired Automobile Included N/A S. Other insurance as Indicated below: a) Professional Liability $-0- b) Builder's Risk $ -0- —40— Agenda Item No. 10D September 27, 2005 Page 114 of 117 RFP 05 -3883, 'Professional State Lobbyist Services" Collier County Florida Insurance Requirements (Continued) X 6. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. X 7 Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. X 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 X 9. Thirty (30) Days Cancellation Notice is required. X 10. The Certificate must state the Bid Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Pennington, Moore, Wilkinson. Bell & Dunbar P.A. Bidder Signature of Bidder -41- Insurance Agency Signature of Bidder's Agent Agenda Item No. 10D September 27, 2005 Page 115 of 117 RFP 05 -3883, "Professional State Lobbyist Services" THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSER CHECK LIST I M P 0 R T A N T: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: 1. The Proposal has been signed. 2. All Required Submittals are included. 3. Any addenda have been signed and included. 4. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Purchasing Building, Bldg `G" 3301 Tamiami Trail, East Naples, Florida 34112 5. The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. 6. The Proposal will be mailed or delivered in time to be received no later than the specified 9 date and time (Otherwise Proposal cannot be considered.) ALL COURIER -DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name Pennington, Moore, Wilkinson. Bell & Dunbar. P.A. Signature and Title Mark K. Delegal, Director Date August 31, 2005 —42— Agenda Item No. 10D September 27, 2005 Page 116 of 117 RFP 05 -3883, "Professional State Lobbyist Services" PROPOSER'S DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP NO. 05 -3883 "Professional State Lobbyist Services" Dear Commissioners: The undersigned, as proposer (herein used in the masculine, singular, irrespective of actual gender and number) declares that he is the only person interested in this proposal or in the contract to which this proposal pertains, and that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of proposals, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the proposal pertains. The proposer puts forth and agrees, if this proposal is accepted, to execute an appropriate Collier County document for the purpose of establishing a formal contractual relationship between him, and Collier County, for the performance of all requirements to which the proposal pertains. The proposer states that the proposal is based upon the proposal documents listed by RFP #05 -3883. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 31St day of August 2005 in the County of Leon, in the state of Florida. Pennin4ton, Moore, Wilkinson. Bell & Dunbar P.A. Proposer's Firm or Trade Corporation, Sole Proprietorship, Partnership (Circle One) Phone No. 850- 222 -3533 215 South Monroe Street 2nd Floor Tallahassee, Florida 32301 BY: Mark K. Delegal, Director -43- Agenda Item No. 10D September 27, 2005 Page 117 of 117 —44— Agenda Item No. 10E September 27, 2005 Page 1 of 40 EXECUTIVE SUMMARY REVIEW AND APPROVE THE FY 2006 ANNUAL WORK PLAN FOR THE COUNTY MANAGER OBJECTIVE: To approve the annual work plan for the County Manager. CONSIDERATIONS: The County Manager reports directly to the Board of County Commissioners. In order to assure that his work performance is coordinated with the direction of the full Board, an annual work plan is developed by which the County Manager will be graded throughout the fiscal year. The County Manager's present contract requires that this work plan be developed in good faith between the Board of County Commissioners and Employee and adopted by the Board prior to October 1 of each fiscal year for implementation in the next fiscal year. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT: There is no growth management impact associated with this item. RECOMMENDTION: That the Board of County Commissioners review and approve the FY -2006 Annual Work Plan for the County Manager. Prepared ` mes V. Mudd, County Manager Agenda Item No, 10E September 27, 2005 Page 2 of 40 u COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10E Item Summary: Review and approve the FY 2006 Annual Work Plan for the County Manager. Meeting Date: 9127/2005 9:00:00 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/20/2005 2:51 PM Agenda Item No. 10E September 27, 2005 Page 3 of 40 The County Manager is tasked with carrying out the policy direction provided by the Board of County Commissioners. He is by ordinance to provide leadership for the day - to -day operations of the employees of the Board of County Commissioners. The following Action Plan is developed in an effort to provide clear expectations for the County Manager for the period from August 2005 through September 2006. The Action plan is based on the broad areas generally expected to be performed by the Executive Officer, including: communications, leadership, organizational direction, financial oversight, personnel, growth and capital project management. These areas are further categorized as to their pertinence and support of the FY 06 Strategic Goals and Objectives of Collier County that are enumerated below: It is Collier Countys Strategic Goal - To Rebuild and Maintain Public Trust by dedicating its resources and efforts to the following strategies (objectives): s.a 1, Revising the Growth Management Plan and Land Development Code to improve the County's ability to manage and control the rate and quality of future development. S.D. Z Developing reliable Public Infrastructure and Resource Management Processes. S.D. 3. Improving the financial planning, management and reporting processes. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Manager's performance by rating each of the following performance objectives on a 1 to 5 scale. Individual evaluations will be totaled and averaged to determine the Board's collective position. The following areas of Communications; Leadership /Organizational Direction; Personnel Management support the Strategic Goal - To Rebuild and Maintain Public Trust Page 1 of 13 Agenda Item No. 10E September 27, 2005 Page 4 of 40 COMMUNICATIONS Far Below Standards Below Standards Meets Standards Exceeds Standards Far Exceeds Standards 1 2 3 4 5 C.1 (Internal) The County Manager will be expected to ensure and provide regular, accurate communications to the employees of the BCC. C.2 (Internal) The County Manager will be expected to provide the BCC with timely and accurate responses to requests for information. As well as, coordinating drafts for plans, fees and controversial ordinances with the BCC members before the information goes public. C.3 (Internal) The County Manager will be expected to regularly communicate with the County Attorney and the Constitutional Officers to ensure that operations between these agencies and the BCC are coordinated. C.4 (External) The County Manager will be expected to provide information to the public through a minimum of one speaking engagement per month on average, as well as, developing new means to provide information to the public -regarding County information. C.5 (External) The County Manager will be expected to ensure that the organization has systems in place to ensure that the general public is responded to in a timely and accurate manner. Also, improve Public Relations by providing more understandable and complete information to the public. More attention to detail in brochures etc. Page 2 of 13 Agenda Item No. 10E September 27, 2005 Page 5 of 40 LEADERSHIP/ Far Below Standards Below Standards Meets Standards Exceeds Standards Far Exceeds Standards ORGANIZATIONAL DIRECTION 1 2 3 4 5 LA The County Manager will ensure that there is a clear direction that is communicated throughout the organization. L.2 The County Manager will ensure that all executive summary reports provided to the Board have specific and clear recommendations. L.3 The County Manager will provide opportunities for the Board of County Commissioners to discuss and set proactive policy direction on key community issues. L.4 The County Manager will have staff involved in professional organizations and intergovernmental coordination organizations such as the Florida Association of Counties, to assist Collier County in achieving best management practices. L.5 The County Manager will ensure that the top management team for the County is provided clear organizational direction through specific action plans, regular individual and collective meetings. Page 3 of 13 Agenda Item No. 10E September 27, 2005 Page 6 of 40 PERSONNEL MANAGEMENT Far Below standards Below standards Meets Standards Exceeds standards Far Exceeds standards 1 2 3 4 5 P.1 The County Manager will ensure that there exists written human resources policies and procedures that are used throughout the organization. P.2 The County Manager will ensure that there is a training program for County employees to train them on best management practices, to ensure concurrency within the organization and to promote a safe workplace. P.3 The County Manager will ensure that the County follows the Board's established policies for the hiring and management of its employees. P.4 The County Manager will provide to the Board an annual pay plan as part of the budget that will provide for an organized means for salary administration. P.5 The County Manager will ensure that employees are provided performance expectations and performance evaluations that are both designed to enhance performance. Page 4of13 Agenda Item No. 10E September 27, 2005 Page 7 of 40 The following area supports Strategic Objective 1: Revising the Growth Management Plan and Land Development Code to improve the County's ability to manage and control the rate and quality of future development. GROWTH MANAGEMENT Far Below Standards 1 Below standards 2 Meets standards 3 Exceeds Standards 4 Far Exceeds Standards 5 G.1 County Manager will supervise the revision; reorganization; update of outdated and obsolete provisions of the Land Development Code (LDC). Through a series of workshops the BCC will provide guidance to the staff to these ends. G.2 The County Manager will continue to provide staff focus to get relevant GMP amendments approved by DCA, along with the 2nd EAR GMP amendments. G.3 The County Manager will supervise the development of LDC amendments to implement the Rural Fringe; Eastern Lands; 2nd EAR and road checkbook concurrency amendments of the Growth Management Plan. G.4 The County Manager will provide staff coordination through a series of citizen committees to study and implement numerous community planning initiatives. Agenda Item No. 10E September 27, 2005 Page 8 of 40 The following area supports Strategic Objective 2: Developing reliable Public Infrastructure and Resource Management Processes. CAPITAL PR4]ECT MANAGEMENT Far Below standards Below Standards Meets Standards Exceeds Standards Far Exceeds Standards 1 2 3 4 5 CPA The County Manager will provide a capital budget that will clearly describe the capital projects proposed for the following fiscal year along with the proposed means for funding such projects. CP.2 The County Manager will provide regular updates to the County Commission on key capital projects in a manner which is easy to understand and timely. CP.3 The County Manager will ensure that for each key capital project that there is clearly established responsibility, budgets and schedules for each. The Manager will also implement business processes that will control costs and cost overruns. CP.4 The County Manager will work through the County's Finance Committee to bring recommendations regarding any and all capital projects that require financing. CP.5 The County Manager will in particular track Transportation & Utilities construction and provide the Board with more frequent updates as to progress or adjustments to construction and financing plans. Page 6 of 13 Agenda Item No. 10E September 27, 2005 Page 9 of 40 The following area supports Strategic Objective 3: Improving the financial planning, management and reporting processes FINANCIAL MANAGEMENT Far Below standards 1 Below standards 2 Meets standards 3 Exceeds Standards 4 Far Exceeds standards 5 FA The County Manager will present an opportunity annually, prior to the development of the annual budget, for the County Commission to have a policy level discussion regarding the next ear's annual budget. F.2 The County Manager will develop an annual budget that will be presented to the County Commission in workshop format and then again in accordance with statute for public participation through a series of two separate public hearings. Continue to make improvements to the budgeting rocess. F.3 The County Manager in conjunction with the Clerk of Court's Finance Department will maintain a system for managing the budget, to ensure that budgets are properly administered. F.4 The County Manager will provide financial coordination through a committee, including the Budget Office, the Clerk's Finance Department, and the County's Financial Advisor, who will review and make clear recommendations on any and all matters that involve financing issues. Page 7 of 13 Agenda Item No. 10E September 27, 2005 Page 10 of 40 FINANCIAL MANAGEMENT Con't Far Below Standards Below Standards Meets Standards Exceeds Standards Far Exceeds Standards 1 2 3 4 5 F.5 The County Manager will provide annual updates of user fees and other non -Ad Valorem revenue, i.e. impact fees, rants etc. F.6 The County Manager will work cooperatively with the Clerk of Courts on the preparation of the CAFR and respond promptly and thoroughly to any issues raised by the external auditors. Goals for Fiscal Year 20Q6: If given the opportunity, I would like to build on the successes of this year and continue to institutionalize many of the changes that have been made. Truly exceptional organizations focus a tremendous amount of attention on internal improvements. Creating a better work environment, finding the best employees, keeping and improving them, focusing on how to conduct business with better customer service results, making internal changes that result in work being done smarter, faster, more efficiently or effectively. We want to make the "routine" truly routine. Great organizations do routine things routinely! This will require continued improvement in our planning, refining assignments and responsibilities, and establishing/maintaining accountability. Specific areas of improvement that I would propose as part of next year's action plan would include: 1. Followinja through on the County's Strategic Plan for 05/06 and Developing an Updated/Revised Strategic Plan for 06/07. As discussed in the Strategic Planning workshop. Establish and finalize a long range County plan for infrastructure improvements East of CR 951, along with a solid financial plan that supports it. The East of 951 Study is very important to the County. This is an opportunity of a lifetime to get it right in at least half of the County. We need to make sure that the resources, expertise and dedication are applied Countywide to this study to make it a success. In addition, the outline of the new draft Strategic Plan for 06/07 is at enclosure 1. Guide the implementation of the new strategic plan after BCC approval and align the organization around that plan. Page 8 of 13 Agenda Item No. 10E September 27, 2005 Page 11 of 40 2. Community Development. We will continue to focus on improving the business processes within this division and amending the codes to manage growth better and instill smart growth tenets. Implement measures to improved customer service as outlined in my 8 -step Improvement Plan -- training, develop a Customer Friendly Lobby, Redefine the EDC "Fast Track" program, Improve overall customer service and response, Develop and propose LDC amendments to allow more flexibility in dealing with environmental restrictions, establish a "business roundtable" to discuss continued process improvements. (Details at enclosure 2). In addition, conduct at least 2 PUD /IOU workshops; continue to manage the FIRM restudy process as renegotiated with FEMA; implement development review business process improvements, including establishment of product turnaround metrics; and continue to pursue a Collier County Mitigation Park (Bank). 3. Improved use of technology and web site. The technology in place is capable of much more than we use it for. AIMS, GIS, SAP, and Novus (the new paperless agenda) are all examples of exploitable technology within our grasp. In 2005/2006, produce a professional agency Web page that standardizes screen layouts, content requirements and navigation protocols, i.e. (common "look and feel "). Complete redesign of the county's web site plus marketing campaign for rollout 6 month project. Measure feedback from users. 4. Succession Planning. Continue developing what is known as "bench strength" or developing a management team below the Division and Department level of people who are skilled, ready and able to step into higher management positions. Development of more regional strength at the State Legislative level. Continue to strengthen relationships that have been formed between Collier, Lee, Charlotte, Sarasota and Hendry Counties to develop even more unified positions on issues that affect Southwest Florida from Tallahassee. A dedicated State lobbyist should help in this regard. Collier is in line to host the SW Florida legislative Day in 2006. 6. SB360 Glitch Bill. Make sure that we stay on top of SB360 and its impact on the County Growth Management Plan; Make the required State deadlines. Work to correct the needed "glitches" to the state's Growth Management Bill 7. Federal Lobbvist. - Cultivate interactive, interdependent relationships with our federal lobbyists and key legislative aids and Representatives and Senators in Washington, D.C. 8. Successful capital project management. FY05 will see another large capital construction program. Managing these projects to successful and timely completion will be a priority. Road Improvement Projects of Interest: a. Golden Gate Parkway Page 9 of 13 Agenda item No. 10E September 27, 2005 Page 12 of 40 b. Golden Gate Overpass c. I -75 /Golden Gate Interchange d. Goodlette -Frank Road e. Immokalee Road f. Rattlesnake- Hammock Road g. Phase II Computerized Signal System & SCOOT Pine Ridge Rd. pilot h. Vanderbilt Beach Road i. Collier Blvd. j. Acquire Row for Oil Well Rd. multi- laning Critical Utility Improvement Projects: a. South County Water Plant and Wellfield Expansion b. North County Sewer Plant Expansion c. North -South Sewer Interconnect d. Wellfield Reliability and Expansion Program e. Reclaimed Water ASR f Potable Aquifer Storage Recovery (Manatee site) Construction. g. NE Regional Water Treatment and Water Reclamation Facilities h. Reclaim Cells 1 &2 at the Landfill i. North County Water Plant Mid Hawthorn Wellfield j. Residential Recycling Cart Program k. Naples Recycling Center Improvements Public Safety Projects: a. New Emergency Services Center b. Sheriff Special Operations Center c. EMS -19 Station (Santa Barbara) d. Station renovations and preventative maintenance at EMS facilities. e. Estates (Orangetree) Sheriff's Substation Other Significant County Projects a. North Collier Regional Park b. Collier Blvd. Boat Park c. Goodland Boat Ramp d. Vanderbilt Beach Parking Deck e. Courthouse Annex and Parking Deck f. North Collier Government Center g. Multi -year Arterial Landscape program h. FPL and Collier Blvd. Greenway Projects i. City of Naples /Collier County Beach Renourishment Project j. Marco South/Caxambas Pass Beach Renourishment Project k. Eagle Lakes Community Park 1. Golden Gate Library m. Marco Island Rose Hall Addition n. South Regional Library. Page 10 of 13 Agenda Item No. 10E September 27, 2005 Page 13 of 40 o. Gordon River Water Quality Park p. East Naples Community Center Expansion q. Restoration of the Naples Depot r. Sheriff and County Fleet Maintenance Facility 9. Overall Operational Improvements: A. Enterprise Content Management/Records Management - This is the first of a multi -year project. Two objectives are involved — one is the engagement of a consultant to (1) determine the current state of records and document management, (2) conduct a basic document inventory, and (3) lay out a plan for future implementation of a full ECM application; the second is to hire a Records Manager and Records Technician (pending BCC approval of UFR requests). The first phase of the contract is expected to be complete no later than January 2006; hiring should be complete by that time as well. B. Successfully implement both the commercial and residential recycling initiatives. C. In conjunction with the Collier County School Board, refine the interlocal agreement dealing with the School Board Construction Review Process and develop implementation plans to comply with the mandates for school concurrency as defined in the state Growth Management Bill — S13360. D. Finish Implementation of Contract Administration Plan Initiatives. a. Improved Internal Communication between sections of the Department b. Acquisition Planning c. Timely Landscape Median Bidding and Contracts for Summer 06 contract schedule d. Develop Technology Enhancement Plan o Select and begin pre - implementation succession strategy for current SAP application o Enhance Dept. Inter and Intra Websites o Investigate electronic bidding options o Investigate contract administration software o Develop Purchasing Card Program Enhancement E. Guide the implementation of the Operations Management Tracking System (Ops Track) that measures efficiency, productivity and effectiveness. F. Continue to improve the Agency's public affairs & customer relations programs (i.e. on -line, quarterly, external, e-mail newsletter & bi- ennial citizen survey questionnaire). Enhance marketing analysis to support advertising and other promotional efforts by various county departments and market County Government successes to the public. Page 11 of 13 Agenda Item No. 10E September 27, 2005 Page 14 of 40 G. Streamline the recruitment & selection process - A very strong Employee and Labor Relations Manager was hired and one of his goals is to review and improve recruitment. The first step in that process is to hire.a generalist to fill a long- standing vacancy, which will allow for one generalist dedicated strictly to recruiting efforts. With this change the recruiting market will be analyzed for all hard -to -fill positions with a goal of increasing the applicant pool by looking in the "right places." To further enhance these efforts, a comprehensive employee relations plan is being developed to enhance work environments, place greater value on human capital, and make Collier County an even more desirable employer. As recruiting hurdles are identified, efforts will be taken to mitigate challenges. One particular area of concentration at this time is high cost of housing in the Collier County area. As well as, guide & monitor implementation of the changes to the employee benefits package. H. Open On -Site Primary Care Clinic - Funds for this project were approved in the FY05 budget. Risk Management released an RFP in November 2004. Unfortunately, the proposals received were either too costly or unresponsive. All proposals were formally rejected in March 2005 and a revised RFP released in May 2005. Only one response was received, which is currently being analyzed but appears very promising. I. Improve emergency preparedness planning & response capabilities. a. Continue Emergency Management team development within the community toward building a disaster ready and disaster resistant community. b. Build more teamwork within the fire and emergency services throughout the county and the municipalities. c. Build additional force and supply capability to allow Collier County to become more self - sufficient for disaster response and management. Secure warehouse space for a Logistics Center. d. Continue efforts to close the gap on emergency shelter needs through PUD commitments (facilities or "in lieu of " donations). J. Reach final resolution of the Everglades Airpark. Need the BCC to determine whether to continue pursuing the transfer to Everglades City or remain as part of the Airport Authority. K. Increase the tourist tax revenue by 10% over FY 05. Increase summer hotel occupancy by 3 %. L. Open the NCRP Water Park and Community Centers with fully trained staff by May 26, 2006. Plan to have a soft opening in late May with a Grand Opening by June 3rd. Page 12 of 13 Agenda Item No. 10E September 27, 2005 Page 15 of 40 M. Implement the beach access initiatives to include land purchases, retention of consultants for construction design and permits and develop an inter -local agreement with Rookery Bay by June 30, 2006. N. Develop a comprehensive land use plan for the landfill property, locking it down for our future solid waste management needs. O. Address the Reclaimed Water Master Plan and Policy. Develop a policy to meet the growing demands for customer irrigation water needs. P. Work with the Florida Government Utility Authority and the City of Marco Island to facilitate potential bulk service agreements. Q. Develop an overall, 20 year capital funding strategy involving cash, commercial paper, bonds, and SRF funding for water and sewer capital projects. R. Implementation a new automated "caps track" software application that will provide a "dash board" feature for on -demand project status reports. S. Finalize EAR base GMP amendments and vet through CCPC and BCC for transmittal and adoption. T. Finalize all the required Impact Fee studies -- most notably, the school impact fee study and vet through the Collier County School Board and the BCC. Update Transportation Impact Fees. U. Implement the County -wide affordable housing impact fee deferral program. V. Develop and Implement a Multi - Family Housing Recycling Strategic Plan. Multi - family housing is a large component of residential housing in Collier County. Recycling opportunities abound in those households provided there is a process and physical location available for multi - family recycling. A strategic plan is needed to identify ways to increase recycling within multi- family housing and to provide the mechanism, political or physical to ensure compliance with recycling initiatives. W. The new Employee Recognition Program will present a multi- faceted approach to recognizing employees, both informally and formally. The program was devised after an employee survey was distributed and an employee committee was formed to make recommendations. X. Stabilize and increase the professionalism of the PSD . All open Public Services Division Director positions have been filed. All selected bring decades of professional experience. Y. Adopt the 2030 Long -Range Transportation Plan (LRTP). Page 13 of 13 WL�go w_ 0 ZNCO E L to C H a go o a V a 0 U .S S ,� � N � � a � � S •C Q• � � � D a c'^�X� �•�q� ��p�.2m �a N� E� «� � p�o� 5 > a F° $.con P�� G� q d^ F3� 66$eUUva Geri >e S�i� � ffid a�°�'e:�.5w'� �'•�a 9 A .5 w °� � . m a. � $ a •o .g w .� a a � q 1-14 > E°- 8 a dffi5 i�w°°oe. oa4 o4' 0 a;° o w o 11, u ffi. w 3 w 'O •� C... b V O R �j I. cY u �O U k'9 F•' 0. �' 'O !-) v "4 r7 ai CS �," ' x E , v V .6 i uF ni oa'�avi•O $"i'm �dwa �3 �'"`a4 dF.c w $ a eo �� m ugw8 ad�gS 3 a 8 �Y 6. $8+ of' . 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JY Vi •ov Bl �o 8� g Sad 9 Agenda Item No. 10E September 27, 2005 Page 18 of 40 GUIDING PRINCIPLES Honest & Integrity: We speak and act truthfully, acknowledging mistakes, keeping commitments and avoiding silence when it may be misleading. We do the right thing even when it's unpopular or nobody would know the difference. Fairness: We treat others with the respect, dignity and courtesy they deserve Service: We value and embrace the opportunity and responsibility to serve our community. Our customers come first and we will strive to serve them in a friendly, fair, respectful and efficient manner. Accountability: We are individually and collectively responsible for our behavior and performance. We will conduct business in accordance with the highest professional and ethical standards. Quality: We strive for continuous improvement in our products, services, programs and facilities. We will seek to do the entire job right the first time. Knowledge: We are a learning organization. We encourage and promote continuous personal and professional development as a means of enhancing our team members' ability to plan for the future, make good decisions and solve customer problems. Stewardship: We recognize that we are spending other people's hard earned money. As such, we carefully manage the resources entrusted to us. We seek to control costs of operations, improve efficiency and provide the greatest value and return of invested funds. Collaboration: We realize that our success is interdependent on the success of other organizations, businesses and institutions on our County, region and State. We seek therefore to work cooperatively with these agencies to leverage our collective resources to achieve our mutual goals. Agenda Item No. 10E September 27, 2005 Page 19 of 40 N r�jr, Memorandum To: Board of County Commissioners From: . Ad, un a6ager Date: September 9, 2005 Subject: Response to Collier County Permit Study On June 2, 2005, the consulting firm University Research Consultants, Inc. delivered a written report to the Economic Development Council of Collier County (EDC) entitled Review of Development Permitting & Regulatory Process. The study was conducted at the request of the EDC in response to recurring permitting delays with the EDC Fast Track Program, a program created in October 1997 through the Public /Private Partnership between the EDC and the Board of County Commissioners, to expedite the regulatory process for businesses expanding or relocating to Collier County and creating new, high wage jobs in targeted industries. The key findings and recommendations contained in the final report, which covered the period December 16, 2004 through May 16, 2005, were based on a combination of data and observations obtained from an on -line survey questionnaire, personal interviews with industry stakeholders and key county staff, reviews of randomly selected permit applications at CDES and a cursory review and comparison of permitting and regulatory practices and standards in other counties and cities throughout the United States. County staff has closely reviewed and analyzed the contents of this report and has found it to be very informative with regard to quantifying the level of customer concern with the timeliness of the current permitting and regulatory process, as well as customer concerns about staff's perceived lack of accountability and customer service. However, staff was disappointed that the report failed to address, except in a cursory manner, a third critical element in the permitting and regulatory process in addition to timeliness and customer satisfaction; that being cost or workload. The final report provides a brief comparison on page 97 of inspector workloads in four cities outside the State of Florida in selected disciplines (electrical, fire and code enforcement). Staff would have found a more detailed comparative workload analysis with other high growth, Florida coastal counties to be more useful and equitable in helping to assess relative performance and future improvement opportunities. This information was fairly easy to obtain. For example, staff compiled the following data from two comparable counties: Office of the County Manager Agenda Item No. 10E 2005 of Plar�a e 2 of 40 County # of Permits # of Permit Techs. # of Permits r Tech. /Da # of Plan Reviewers # g per Reviewer /Da Palm Beach 36,619 34 5 24 7 Lee 36,471 40 4 19 9 Collier 39,515 16 11 7 22 The staff has initiated the following actions to address the key findings and recommendations contained in this report: Improved Customer Service The Community Development & Environmental Services Administrator has initiated the enclosed comprehensive and detailed eight -step action plan to improve customer service within the entire division. This action plan contains a series of policy, operational, business climate, staff development and industry outreach initiatives designed to eliminate the "us vs, them" sentiment described in the report. One key element of this action plan is a staff commitment to redefine the EDC Fast Track Program complete with institutionalized, codified procedures for expedited reviews of all development orders and permits qualifying as "Fast Track" projects. Implementation of this action plan is underway. • Improved development review and building permitting business processes One of the key recommendations of the report was to obtain an expert, independent review of current staffing deployments and business processes to make recommendations for sustained, systemic, quantifiable improvements in these areas. Toward this end, the County Manager has assigned his independent senior operations and management consultant to conduct a comprehensive process improvement review that includes mapping of current processes and development of matrices for improvement that can be used for performance outcome goals for staff and the organization. This analysis will include, if necessary, recommended changes in staffing models and associated resource reallocations. This project is underway. A preliminary project status report is enclosed. • Improved quality of reviews (timeliness, accuracy, responsiveness, etc.) through appropriate allocation of resources The quality and timeliness of development review & permitting activities is significantly influenced by workload. As referenced earlier in this memorandum, staff workload ratios routinely, and in some cases, substantially exceed industry standards. While in some respects this can be viewed as optimizing productivity, stretching existing staff resources beyond sustainable levels can result in unintended consequences in terms of quality and customer interaction. As the EDC report itself states, " It needs to be noted that quantity gains, however, may be negated by quality losses if inspector speed results in faulty inspections." The ultimate goal is to resource the development review & permitting process with staffing that optimizes both quantity and quality goals. Toward this end, the Board has approved the expanded position requests recommended by the CDES Administrator to add 23 new positions to these functions in fiscal year 2006. These additional resources will help expedite reviews without sacrificing quality. We will continue to benchmark our workload vs. staff levels with other counties in Florida and the U.S. in the coming years to make sure we have the right quantity and mix to effectuate the demanded quality and timeliness requirements of the community at large. Office of the County Manager Agenda Item No. 10E . Se tember 27, 2005 Page 21 of 40 ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY NAPLES, FLORIDA EVERGLADES CRY - GOLDEN GATE MMO"LEE • MARCO ISLAND Key Findings from the Final Report Review of Development Permitting & Regulatory Process June 6, 2005 The Review of Development Permitting & Regulatory Process report represents an initial study of the permitting and regulatory process in Collier County, Florida and accomplished the following: • Reviews and analyzes the time to complete commerciaUndustrial permits in Collier County; • Identifies and documents real and perceived barriers and issues with the permitting and regulatory development process in Collier County. • Benchmarks performance standards at other counties and municipalities; and • Develops a set of recommendations for Collier County's Community Development and Environmental Services (CDES) Division. University Research Consultants conducted the study at the request of the Economic Development Council of Collier County (EDC) from December 16, 2004 to May 16, 2005. The analysis was prompted by recurring permitting delays with the EDC Fast Track Program, a program created in October 1997 through the Public /Private Partnership between the EDC and the Collier County Board of Commissioners, to expedite the regulatory process for businesses expanding or relocating to Collier County and creating new, high wage jobs in targeted industries. In addition to this analysis, a Regulatory Process Task Force formed in 2003, and co- chaired by EDC and CDES, also worked on ways to improve the regulatory process. The creation of this task force was also prompted by customer concerns related to the Fast Track program. Several recommendations came out of this task force, some of which were implemented. Those that were implemented, however, did not allay the concerns over the Fast Track program, and therefore prompted the EDC to move forward with this analysis as a comprehensive way to determine how the overall process can be improved. In an e-mail correspondence from Joe Schmitt, CDES Administrator, regarding this analysis, he states, "I welcome the opportunity for the industry to evaluate the workload and to take the opportunity to grow an understanding of the demands place upon staff by the industry, the residents of the county whom we serve and the board of county commissioners whom we support. I also welcome the opportunity for the industry to evaluate the quality of the products we receive for review and impact that the often 2 and 3 rejections place on the workload. In addition, I also welcome the opportunity to have an outside observer evaluate the impacts of the demands of the LDC on the review process..." The assessment employed both qualitative and quantitative methods and was conducted in three distinct, but interrelated phases or tasks: 1. Customer Perception; 2. Case Review; and 3. Benchmark Review. Community Development and Environmental Services staff assisted with this study in a variety of ways, including one -on -one meetings, data collection, creation of an on -line Customer Satisfaction Surrey. The Collier Building Industry Association was requested to participate in the study to access their client base, which are the direct customer of CDES. Methodologies used in this study include, database analysis, case studies, and one -on -one interviews. • Agenda Item No. 10E September 27, 2005 • Page 22 of 40 ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY NAPLES, FLORIDA EVUXKADES CITY - GOLDEN GATE wmoKALEE • MARCO !SAND Key Results from the Analysis • EDC Fast Track Customers expressed a great deal of frustration regarding the building process in Collier County. When interviewed, each one of the Fast Track Customers stated they would not build another business in Collier County. Furthermore, they stated they would not recommend Collier County as a place to build a business to their business associates. • CDES department heads in individual and focused interview sessions reported that reduced staffing levels; general increase in workload; antiquated IT system; increase number of rule and code changes; and work associated with these changes, has all led to perceived delays in expediting permits and increased hostility towards permitting in the builders' community. • Customers of CDES participated in an on -line Customer Service Survey, which rated CDES departments on 13 statements related to permitting services, ranging from making and proceeding through an application; staff attitude; professionalism; knowledge; accessibility; plan checking; turnaround and review times; codes and policies; uncovering errors; and the approval process. Overall, each of the departments were rated at average or below average for the service provided to the customer. • Data analysis proved to be challenging for this study due to the inherent limitations of CDPIus. The initial analysis using these data reports were deemed to be useless due to lack of specific information and how the program was "writing over of dates" in the system. As a result, the study team worked with CDES staff to provide specific case studies, as well as utilizing the CDES Microsoft Excel spreadsheet, which staff has been using since January 2004 to manually track all SDPs. • The number of completed commercial and industrial project:applications between 2001 and 2004 were 301;.373; "320.ini"J 231,.'respectively. 11 • Application review time goals for the County were set at 10 working days up until October 2003, when if was increased to 20 working days The average xeview times between,2001 and 2004 were 31., _31; 27 and 33 working; ays; respectively: Many more' of the applications were going " through 4 reviews rn 2004, compared. to the previous.years. 3 of the 16 Fast Track case studies fj'ad reviews completed�witi n the�review- tune =goals for the department. • An analysis of the building permit process shows the average for each review in all years was 31 days or less, with a total review time by the County of 50 -60 days. Most of the building permits went through 2 reviews, with a much smaller number going through 3 reviews. Benchmarking data analysis shows that Sunnyvale, California is regarded as having a model process for permitting. The performance outcomes for Sunnyvale in 2004 showed measurement for all levels of service delivery, with a high emphasis on customer service and providing convenience in permitting through its one -stop shop. The one stop shop has been referred to as a model for many other municipalities throughout the country. Select Recommendations (see final report for a full list of recommendations) • The County develops a new, or reformulated, Permitting and Land Use Advisory Committee for the purpose of improving the process. • The County Manager and relevant department heads, with input from the Advisory Committee and an outside resource with expertise in quality improvement(process improvement, can work on an overall process improvement plan to address the issues raised below. • A plan can be developed to address the issues, and will include an agreed -upon timetable, work plan, cost estimates, along with confirmation by the County Commissioners. s' Agenda Item No. 10E September 27, 2005 Page 23 of 40 ECONOWC DEVELOPMENT COUNCIL OF COWER COUNTY NAPLES, FLORIDA EVERGLADES CITY • GOLDEN GATE IMMOKALEE • MARCO ISLAND • Review current staff and work processes for permitting functions to support an approach to permit administration that includes: • 'SindlePoint-of Contact • Dedicated project mangers , • Performance ^goals ^for.reviews. • Review budgets and resources to ensure that processes are supported and sufficient to develop model standards for CDES, and meet the current and future goals of the County. • Employ an external auditor skilled in operation and project management to periodically audit the process and recommend changes that would improve the overall process. • Consider a faster application process for standardized applications. This could include same or next day approval, or even an over - the - counter approval. • Set goals for the EDC Fast Track applications, in addition to the goals for the standard applications. An example might be to review a given number of Fast Track applications in half the time of a standard application. • Conduct a comprehensive process improvement review that includes mapping of current processes, and development of matrices for improvement, that can be used for performance outcome goals for staff and the organization. • Conduct annual workshops for customers to educate them on the process and to alert them to changes in the process. The workshop can also allow for customer feedback on the process including recommendations. • Consider conducting periodic focus group sessions, with a random selection of customers, to focus on particular issues or changes to the system. • Make sure that the new Hanson IT System fits in with the redesigned application process and ensure that the processes currently input will provide a secure, integrated, inspection and permit application system, which meets the CDES functional requirements (processes will need to conform to optimum methods used by model communities). • Develop methods to regularly update, inform, and train the staff and public on policy and code changes. Central to the development climate, are the administrative and operational functions of the government's community development department and how they can shape the climate for local' development. Simply put, the responsiveness of departmental employees to the needs of developers and builders for prompt action on plans, inspections, and a host of other regulated activities have a direct influence on development costs and profitability. It needs to be said that even in a community with restrictive development policies, a highly responsive bureaucracy can mitigate many developer complaints. Economic trends show that the county will continue to rapidly grow over the next decade. The preliminary findings of a recent report (Residential Build -out Study for Rural Growth in Collier County) projects that the County will continue to grow with an eventual permanent population of 1.1 million people (NDN, 2005). Critical to this growth is for both the public and private communities to work together. Agenda Item No. 10E September 27, 2005 Page 24 of 40 Eight -Step Action Plan to Improve Customer Service within the Community Development and Environmental Services Division 1. Zonjing and Land Development Review and Building Review and Permitting "101" a. In a continuation of its process improvement initiatives and in cooperation with the Urban Land Institute (ULI) of Southwest Florida, the Community Development and Environmental Services Division (CDES) will conduct a "Permitting 101" seminar on October 4, 2005 for the purpose of coaching and assisting applicants on how to apply for and successfully obtain an approved site development plan or plat and building permit. The session will be designed to review many of the problems and pitfalls we encounter during the review process, problems that all too often result in a rejection, with the intent to review, in detail, tricks of the trade to meet sufficiency review and to provide submittal checklists that will identify all the review components of plan submittals. The four principle departments involved in the permitting and review process, Building Review and Permitting, Zoning and Land Development Review, Environmental Services and Engineering Services will be conducting a half -day seminar on the review and permitting process. b. In 2003, CDES, in conjunction with the EDC and CBIA, set out to identify specific areas for improving the Division's responsiveness to the land development petition and site development plan review and approval processes. The specific areas identified last year are as follows: 1. Create an enhanced sufficiency review for Site Development Plans 2. Amend checklists to cite each applicable code section 3. Model PUD document to minimize contents 4. Agree to standard review times 5. Revise PSP process - required PSP becomes optional PSP 6. Establish review timeframes for processing land use petitions 7. Create a 2 -step process in the SDP review process to allow horizontal work to begin 8. Simultaneous review process c. We have made significant progress in all 8 areas, most notably in establishing firm review times and re- instituting the simultaneous review process. Last summer, the CDES staff and senior leadership team met with representatives of the industry to report our progress to -date and to identify continued areas for improvement. We reviewed with the industry and development community some of the continuing problems with the quality of applications and submittals that the staff encounters during the review process and developed a list of new initiatives for the past fiscal year. We recognized that Agenda Item No. 10E September 27, 2005 Page 25 of 40 there is room for improvement from the applicant as well as the staff and by working together, we would continue to implement improvements. d. We heard you and have made significant progress in completing the following initiatives: 1. Established a formal conflict resolution process to resolve issues where the staff and the applicant reach a point of agreeing to disagree regarding the application of the code. 2. Made checklists and forms more definitive to help with complete submittals and placed on the Web 3. Made a concerted effort to assign similar projects to same planner 4. Finalized Master checklist used by staff and clients for pre -app, sufficiency review S. Track "New" comments after first submittal and require reviews to identify new comments on second and subsequent submittals 6. Reasonable review times — 1st round — 30 days, 2"d round — 30 days, subsequent —1 S days 7. Post review conference —1st and 2"d round- are now part of application fee —purpose to discuss /clarify I" round comments for Zoning and Building_ department reviews 8. Finalized the Early Work Authorization process 9. Defined accountability of review entities outside CDES - all rejections must now be based on deficiency of code requirement —1st review should be comprehensive with subsequent reviews containing no new rejection comments 2. Develop a "Customer- Friendly" Lobby a. The Building Director, along with the CDES Public Information Coordinator, is evaluating various plans to modernize the customer service and lobby area of the CDES building in an effort to create a "user - friendly" atmosphere to promote a cooperative and user - friendly permit application process. b. Develop a uniform CDES schedule for accommodating walk -ins desiring to meet with staff other than lobby personnel. The schedule will allow reasonable access to staff while preserving the time needed to accomplish reviews and process routine workload. e. In addition to upgrading the permit application and reception area, the Building Director is planning on creating a special permit kiosk area for the "owner- builder" applicant in an effort to provide a `user- friendly" application processing area for the owner - builder applicant to more easily navigate through the building review and permitting process. Agenda Item No. 10E September 27, 2005 Page 26 of 40 3. Redefine the EDC "Fast Track" Program a. As a follow -up to the recent survey of the EDC "Fast Track" permitting and review program within the Community Development and Environmental Services Division of Collier County, conducted by University Research Consultants, Inc., CDES has asked Kim Grant, System Analyst from the Office of Management and Budget, to review and evaluate the EDC Fast Track program to determine what improvements and changes need to be made in the process. Kim's plan is to conduct a comprehensive analysis of the Site Development Plan (SDP), Site Improvement Plan (SIP), and Final Plat review and approval process within the Zoning and Land Development Review, Engineering Services and Environmental Services Departments to assess every aspect of the process. 1. Her initial efforts are focusing on the initial application process and the overall review process with emphasis on review comments for second and subsequent submittals. Over two- thirds of the applications received in the Zoning and Land Development Review Department are deemed insufficient to initiate the review process. Even with the extensive checklists that are available to our customers, the applications are lacking one or more essential elements. I've asked Kim to assess if there is anything that the Division can do to assist applicants in improving their submissions. 2. A second area of interest is to conduct a thorough analysis of rejection comments. One of the more vocal complaints of the industry is that there are many new comments on second and subsequent submittals, comments that are unrelated to previously noted rejections. I've asked Kim to select, at random, several projects to evaluate whether there is a systemic problem with reviewers adding additional comments, that is, comments not associated with the changes made or the additions to plans and plats made by the applicant in response to previous rejection comments. b. In addition, CDES, in conjunction with the EDC, will develop an ordinance for the Board of County Commissioners (BCC) approval to codify procedures for expedited reviews of all development orders and permits qualifying as EDC- sponsored "Fast Track" projects. c. Expedited review times for staff ED C Fast Track expedited review projects. Review of any development order or permit with EDC expedited review status will be completed and the appropriate staff reports and approvals completed within 120 working days for rezoning requests or 60 working days for platting or Site Development Plan requests from date of distribution for staff review. As may be appropriate, subsequent public hearings before the Environmental -� Advisory Counsel (EAC), Collier County Planning Commission (CCPC), and the BCC will then be scheduled consistent with the timeframes described Agenda Item No. 10E September 27, 2005 Page 27 of 40 below. To insure that expedited review applications move through the review process in a timely manner, all re- submittals should be provided to the County within 20 working days from posting of final staff review comments on the computer tracking system. Regardless, the County's review timeframes will not include any time when the application has been returned to the applicant for corrections based on staff's review comments. 1. In order to meet the expedited review period, staff reviewers must complete their initial review of EDC Fast Track expedited review applications within twenty (20) working days from receipt of rezone petitions and ten (10) working days from receipt of platting and Site Development Plans. Review comments will be forwarded via fax or email to the applicant within two (2) working days of their posting on the computer tracking system. 2. Within three (3) working days from receipt by CDES, any additional information, including any corrected plans submitted in response to the reviewer's comments, will be distributed to the appropriate reviewers. 3. Resubmitted information and/or corrected plans will be reviewed under the same procedures until all of the assigned reviewers have approved the development order or permit, and final approval is granted by the County Manager or his designee. 4. Once an application for a development order or permit has been rejected three (3) times by County staff, the applicants or agents must attend a mandatory project review meeting to be held with all County reviewers yet to approve the application. 5. Public Meeting and Hearings. Qualified EDC Fast Track expedited review projects will be given first priority for scheduling of all neighborhood informational (NIM) meetings, development review/ pre - application meetings, and public hearings. 4. Focused approach to foster a Customer- Friendly oriented organization - In our effort to respond to the recent survey conducted for the Community Development and Environmental Services Division of Collier County by University Research Consultants, Inc., which assessed customer perceptions of CDES services, the Division will undergo a five -phase program to promote a customer - friendly atmosphere and to open the lines of communication between the industry and the review departments. All services will be provided by Libby Anderson, SPHR, contracted through the Florida Institute of Government, located at FGCU. Training will include: Facilitated Group Meetine with Directors - Meet with the 8 directors of the CDES to discuss: Specific issues/needs that relate to employees and service • Service "hot buttons" . • Philosophical opinions on desired service outcomes Agenda Item No. 10E September 27, 2005 Page 28 of 40 • What employees should learn during the staff service training Leadership Training Workshop for Supervisory Staff - In order to support the service priorities, the managers of the CDES employees who deal most directly with customers should be trained on skills that will enhance their ability to lead these employees. Items to be covered are: • A refresher on customer service • How to hire a customer - oriented employee • Supervisory skills that motivate employees to provide improved customer service Facilitated Group Discussion with DSAC - Meet with the Development Services Advisory Committee and lead a group discussion regarding their impression of CDES services. Points to be covered will be: • Strengths /weaknesses of the current service at CDES • Specific examples of such • Desired outcomes of the service provided by CDES Staff Training - While most employees have attended the general "Customer Service Excellence" class provided by Collier County, it will be most effective to require each CDES employee to attend a specialized 4 -hour training session based on the survey and focus group feedback. Highlights of topics to be presented are: • Managing customer perceptions • Communicating positively with the customer • Internal service /teamwork • Feedback from public ( DSAC meeting) Soliciting Ongoing Customer Feedback - In order to communicate with the community that service is a priority of CDES, it is further recommended that an assessment tool be developed and utilized to solicit ongoing customer service to insure that service goals are being met. 5. Revise environmental development standards in the LDC - The Environmental Staff, assisted by the Assistant County Attorney, are developing GMP and LDC amendments to provide more options and alternatives to include off-site mitigation regarding native preservation requirements for developments in the urban area. There are a number of areas where improvements can be made to the existing GNP and LDC, either to provide for a better outcome or to improve our efficiencies in the review process. These improvements are categorized as follows: a. Allowing stormwater in preserves b. Providing for off -site preservation to meet vegetation retention requirements c. Establish more workable criteria to determine when creating preserves on site will be allowed in lieu of preserving existing vegetation Agenda Item No. 10E September 27, 2005 Page 29 of 40 d. Evaluating the need for conservation easements in all situations where preserves are to be established e. Reducing the scope of Environmental Impact Statements (EIS) or the types of projects requiring an EIS. 6. Integrate newly approved team members and evaluate improvements associated with the 23 FTE plus -up - Staff will aggressively integrate newly approved Full Time Equivalent (FTE) employees and continue to monitor permitting and review processing times and turn - around times associated with plan and plat reviews and with building permit reviews. In doing so, staff will monitor and evaluate review times versus associated applications and evaluate if the increases in FTE employees provide the needed resources to improve review times. 7. Establish an LDC Stakeholders group to thoroughly review the impacts of any and all LDC amendments and to make recommendations to change those portions of the code that appear to be restrictive, excessive and redundant - One of the most pressing issues of the development industry is the ever evolving and changing Land Development Code (LDC). What we are proposing is a new Permitting and Land Use Advisory Committee or a Business Roundtable to identify areas in the code that are deemed to be unduly prohibitive and restrictive and create duplications in the review process, and further propose recommendations to improve efficiencies in the permit application and review processes. The Committee should be comprised of representatives of the various customer segments regulated by the building, zoning, environmental and land use requirements of the LDC. S. CDES will continue to actively monitor all rejection comments to determine if there is a systemic problem with the entering of new comments that are deemed to be unrelated to previously noted rejections during the plan and plat reviews. One of the more vocal complaints of the industry is that there are many new comments on second and subsequent submittals, comments that are unrelated to previously noted rejections. In addition to Ms. Grant's analysis, each department involved in the review process will monitor all rejection comments to evaluate whether there is a systemic problem with reviewers adding additional comments that are not associated with the changes made or the additions to plans and plats made by the applicant in response to previous rejection comments. r ULI Southwest Florida Co er Co�u.nty Community Development and Environmental Services Division Invites you to attend "Permitting 101 -- Site Plan Application Process and First Review" In our continuing efforts to improve our customer service, specifically focusing on improving our land development review processes, we are hosting a Site Development Plan and Final Plat Submittal Workshop on October 4, 2005. The primary emphasis of the seminar is to coach and assist applicants on how to apply for and successfully obtain an approved site development plan or plat and building permit. The four principle departments involved in the permitting and review process, the Building Review and Permitting Department, The Zoning and Land Development Review Department, the Environmental Services Department and the Engineering Services Department will be conducting the half day session. 8:15 —8:30 Sign in and Refreshments 8:30 — 8 :45 Welcome and feedback from the "Review of Development Permitting and Regulatory Process" study conducted by the University Research Consultants, Inc., and report on last year's Improvement Initiatives. —Joe Schmitt 8:45 — 8:55 Initial report on follow -up work flow studies (sufficiency reviews and analysis of review comments) — Kim Grant 8:55 — 9:10 Workload & Review of Review Times — Susan Murray and Glenda Smith 9:10 —10:30 Site Plan Application Process and First Review -Staff a) Pre - application meeting b) Application Submittal c) Reviews —Zoning, Landscape, Architectural, Environmental, Engineering, Transportation and Fast Track 10:30 — 11:30 Questions & Answers 11:30 —12:30 Round Robin with review staff. Opportunity to break into small groups with representatives of each staff Location: Gulfview Middle School Professional Development Center Room 108 c/o 3rd Ave S & 6th St S Naples, FL Time: 8:30 AM to 12:30 PM REGISTRATION Please let us know if you or a representative of your firm plan to attend. Register before September 23rd, 2005 Call, Fax or email your registration to LISA KOEHLER at LiasKoeh ler0colliernov. net Office — 403.2327 Fax — 403 -2395 ?liras �viri �4- S�araox: ULI Southwest Florida Agenda Item No. 10E September 27, 2005 Page 31 of 40 Memorandum oaia To: Jim Mudd, County Manager From: Kim Grant, Senior Management and Operations Consultant Date: September 9, 2005 Re: CDES Permitting Analysis Progress Report Attached, for your review, is the CDES Permitting Analysis Executive Summary with recommendations to date. The scope of the analysis is Site Development Plans /Amendments. Key findings to date: ■ 62% of the applications are not complete when submitted, resulting in delay in starting the process ■ 76% of the cases took 3 or more reviews ■ The average SDP takes 7 — 8 months; 46% of that time in house and 54% with the applicant ■ The 30 day target for reviews is not consistently achieved primarily due to the environmental review process and due to repetitive reviews ■ Only 40% of all review comments are identified at the first review due to incomplete or non- compliant information ■ Key departments are individually, but not collectively, focused on the customer Summarized recommendations to date: • Improve initial completion rate to 90% by creating an intake team, providing education and improved consistent communication with applicants (over the counter acceptance or rejection) • The key to improved productivity and decreased turnaround times is a partnership between the development community and the County to reduce the number of reviews per case from 3+ to 2 (benefit is almost 5,000 staff hours annually) as follows • Improve quality of submissions so first review can identify 80% of comments • Improve communication, cooperation and efficiency amongst all internal departments to assure consistency, including possible organizational changes • Further study the processes and activities of the Environmental Department to improve turnaround times • Formalize the Fast Track program with written guidelines and project plans, and provide additional considerations such as earlier pre - application meetings and initial site review Collier County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (941) 774 -8935 Fax: (941) 774 -8828 Agenda Item No. 10E September 27, 2005 Page 32 of 40 CDES Permitting Analysis Executive Summary 9/9/05 Interim Report on Progress Kim Grant, Senior Management and Operations Consultant, Collier County OMB Background The County Manager took immediate action upon receipt of the final report of the Economic Development Council commissioned study, "Review of Development Permitting and Regulatory Process" (study). Kim Grant was assigned to work with Joseph Schmitt, Community Development and Environmental Services Administrator, to perform further analysis to identify the underlying and solvable issues keeping us from an appropriate level of customer satisfaction. The initial focus was on the Fast Track review process and quickly was enlarged to a process analysis of the key area of complaint: site development plan review and approval. The findings, conclusions and recommendations in this summary are exclusively related to Site Development Plan Review and Approval processes (not the building permitting procedures). The methodology employed included data analysis (most manually collected due to the reporting limitations of the permitting system), process review and analysis, and staff interviews at all relevant levels of authority as well as input from the Economic Development Council Executive Director. Future analysis activities will include best practices research and industry client interviews. From the study and the other analysis activities to date, the main process concerns raised by the industry include excessive approval durations, key problem identification occurring late in the __. process, observed lack of effective internal department coordination and general difficulties with regulatory restrictions. The analysis to date has not addressed the regulatory difficulties. Data gathering and anal 281 Site Development Plan and Site Development Plan Amendments submitted between 1/1/04 and 7/22/05 were studied. The goal was to identify underlying causes contributing to the observations and concerns of the industry and the customers. Validation was performed on average review durations. Consistent with the study findings, the review durations are exceeding target in many cases. Agenda Item No. 10E September 27, 2005 Page 33 of 40 Further review revealed that the leading cause for missed target dates is the Environmental Review (63% of cases). It was also noted that the 30 day target was missed in 86% of first and 70% of second reviews. It was also crucial to understand the overall duration of the Site Development Process. The below chart shows the average total duration from initial submittal to approval date is 220 calendar days or 7 — 8 months (for those cases started and completed during the review period). It is significant to note about half of the 220 days the case is with CDES for review and about half the time it is pending re- submittal or other requirements from the applicant. Average # of Calendar Days In and Out of CDES During SDP Process (for 116 cases between 111104 and 7/22/05) 102 days or 46% of 118 days or period -54% of period IN Days out of CDES ■ Days in CDES A major contributing factor to this overall duration is the number of reviews, on average, each case undergoes. The below chart shows that 76% of cases studied had 3 or more reviews prior to approval. Percentage of Cases Released after X Reviews Agenda Item No. 10E September 27, 2005 Page 34 of 40 This is the key finding so far. Each review takes approximately 2 hours on average. Each review step requires 12 reviewers, on average. There are about 200 such applications each year. Therefore, approximately 4,800 staff hours every year, or about 2.5 professional staff members, are involved in any ONE review step. Presumably, a similar dynamic exists on the part of the industry. Our desired state looks something like this: If we eliminate an average of one review for every case, we free professional staff time to improve turnaround times and also provide staff time to deal with more difficult issues. This will obviously shorten the overall project duration, as well. In order to identify alternatives for eliminating one review /case, we were led to an analysis of the reasons for multiple reviews. Bill Lorenz, Director Environmental Services, Community Development led a process to record and analyze review comments (i.e. reasons for review rejections) and summarized his findings below. Please note this sample is a subset of the study sample, comprising approximately 85 cases submitted after 1/1/04, many of which are still open. There were two primary findings. First, only 40% of all comments on a case are identified at the first review. This means the average case is in process for as many as 120 days before the majority (60 %) of the relevant comments are even identified. Second, 38% of comments are repeated at subsequent reviews, meaning the applicant either did not meet or understand the requirement or did not address the requirement in their re- submittal. 3 Agenda Item No. 10E September 27, 2005 Page 35 of 40 Analysis is currently underway to further understand why the majority of comments are not identified in the first review. The hypothesis is that even after initial sufficiency requirements are met, the applications are not complete and detailed enough to allow for a thorough review at the first review. The desired state in this regard would be something along the lines of 80% of the comments being identified at the first review, and 20% thereafter. Once the analysis is complete recommendations will be provided. Lastly, a study of the initial case submissions was undertaken. Each applicant is provided a checklist for the submission requirements, and staff reviews applications for compliance within 3 days of receipt. A letter is generated for any missing items. Until all requirements are submitted, the plan is not even scheduled for review. Only 38% of submissions were initially acceptable, and some took as many as 100 days to become complete. 4 Agenda Item No. 10E September 27, 2005 Page 36 of 40 A detailed review revealed the following items were most commonly missed, did not meet requirements, or were not accurate (as in the case of fees). 90 80 70 10060 cc 50 o 30 qt 20 10 0 Significant Cause of Incompleteness in SDP(A) Applications # Missing from total of 165 Cases R 0 C OW C C N � % V `a s N m N 4 Q a. 0 CO Nmc c. E c Q c MC4 0 Ix CL V R to °' U- 7 0 Q W o 15 d W 0 L V 3 CO LL ¢ R 0 C OW C C � a Nmc as E � .. v CD c CD v p V R y t0 fA is w c 15 d W Q J Agenda Item No. 10E September 27, 2005 Page 37 of 40 The significance is that many cases have as much as a 30 day delay before they are even assigned to a planner, who may take 15 — 20 days to get to their case. So, in many instances, the first real review does not occur for 40 — 60 days from initial submission. Couple that with the above findings on review comments, and we can conclude that in many cases the meat of the review may not happen for as many as 120 days from the date of submission. It has also been observed that in some cases the key departments involved in the SDP process operate as individual entities and do not focus on providing one consistent face to the customer. The implications of this finding range from occasional confusion on the part of the customer on various details or procedures to lack of effective internal communication and coordination on specific cases and overall procedures. The customer has a horizontal view of the CDES operations, and the vertical organizational structure could be reviewed for opportunities to improve effectiveness, communication and overall goal accomplishment. Conclusions and Recommendations While the study is still in progress, it is clear that improving the timeliness and quality of the initial submissions will lead to the majority of review comments being identified at the first review, which will lead to fewer reviews and shorter project durations. In turn, this will lead to less staff time for each case, allowing staff to reduce the overall review turnaround time. Presumably, industry staff will also spend less time on the overall process, creating cost and time efficiencies for them, as well. Recommendations to date: 1. Improve rate of acceptable submissions from 38% to 90% (save 30 days) a. Create an intake team to immediately review all submissions and provide face to face customer service for first and subsequent submittals b. Provide educational material to industry through workshops and other means to clarify requirements that are most often missed; identify difficulties customers are having and develop mitigation approaches c. Require sign -off from application authority that all items are present d. Review process for assessing fees to make it simpler for applicants e. Send copies of incomplete letters to owners /developers f. Review effectiveness of the pre- application meetings 2. Identify 80% of review comments on the first review a. Analysis is not complete on this item so detailed recommendations cannot be provided 3. Review operating structure and consider a Deputy Administrator with these primary responsibilities a. Facilitate effective cooperation amongst the key areas b. Create consistency in operations c. Improve effectiveness of project scheduling and reporting d. Lead a transformation to a more efficient, collective organization including potential technology applications e. Focus on customer service and creating and maintaining one consistent focus on the customer while maintaining the integrity of the regulatory role 4. Review processes and constraints within the Environmental Services Department to further identify and resolve bottlenecks 6 Agenda Item No. 10E September 27, 2005 Page 38 of 40 5. Fast Track a. Formalize the program i. Develop clear goals and possibly formal documentation/contract I Develop a project plan for each FT case /monitor every 3 months with core staff and consultant or developer, and EDC staff iii. At point of site location consideration, bring in staff to do preliminary identification of issues (before a pre -app meeting) iv. Develop communication material v. Copy developer /owner on all correspondence b. Offer preferred dates for pre -app meetings 7 LU cli 0 Z r— NI E =-3 - CD t A= y Co CD (V > > O� ca o . . A A a)..- co CL Cal ca C.) J� co -- to CL E o 0, "P a). C-) cD (D E- «: 0 co 5 -J� > CD w CL 0 0 M 0 .%—, CD CL EE4/F ° © °/ l.�"��, in > C.) 0. C13 E a) > 0 0 CD 0 C: r— to E th — a) CD cn E cl- 0 cn U) a) 0 a 0 co 2 o E© 0 B ON E o a 4- 0 £Moe o ° E \\ /2B �■_ @ ' \ cn 1M —C : C: ■ $ � £.CL ak 2 #: :a- Elƒ ± b 0 / « � . . E 7 CL 0 (D :mow° .� � >� E CD ) k � \ / m E f» ca ) «a a M \ C3 \\ - . 15 ' \ \ Lri :d\ EXECUTIVE SUMMARY Agenda Item No. 10F September 27, 2005 Page 1 of 33 Recommendation that the Board approve and authorize the Chairman to execute an agreement with McDonald Transit Associates, Inc. to provide consolidated management for the Collier Area Transit and the Paratransit Systems not to exceed $4,885,162.00 OBJECTIVE: That the Board approve and authorize the Chairman to execute an Agreement with McDonald Transit Associates, Inc. to provide complete consolidated operations and management of both Collier County's fixed route and Paratransit Systems in order to achieve better coordination of all public transportation services. CONSIDERATION: Requests for proposals #05 -3845 "Consolidated Management Contract for the Collier County Fixed Route and Paratransit Systems" were solicited on May 12, 2005. Notification was sent to 8 firms. Two proposals were received by the closing date of June 20, 2005. The two proposals were evaluated and ranked by a selection committee as follows: 1. McDonald Transit Associates, Inc. 2, MV Contract Transportation, Inc. By the consensus of the selection committee, the recommended management firm for award was McDonald Transit Associates, Inc. At the Board's meeting of July 26, 2005, Agenda Item l OC, staff was directed to negotiate an Agreement which was prepared by the Office of County Attorney. This Agreement has been reviewed by the Contract Administration Section of the Purchasing Department as well as the Risk Management Department. This is a five -year contract with a (1) one, five -year renewal provision. The ceiling for negotiating this five (5) year contract equals $25,682,974. It is anticipated that further contract negotiations will take place throughout the contract term to provide for added or adjusted transit routes. FISCAL IMPACT: The contract amount for FY 06 will not exceed $4,885,162. Funding for this contract is budgeted in Fund 426 CAT Transit Enhancement and Fund 427 Transportation Disadvantaged. Total budget estimated at $4,885,162 which includes, among other sources, Federal Transit Administration (FTA) 5307 Grants operating funds in the amount of $228,764, Florida Department of Transportation State Block Grant funds in the amount of $360,000, Trip & Equipment Grant funds in the amount of $556,398, Section 5311 Grant funds in the amount of $140,000 and Trip & Equipment/County Share funds of $1,600,000. The balance of $2,000,000 will come from Gas Taxes. The remaining funding will be addressed in FY 2007 -10 budget. GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve, and authorize the Chairman to execute, an Agreement with McDonald Transit Associates, Inc. to provide complete consolidated operations and management of both Collier County's fixed route and Paratransit systems in order to achieve better coordination of all public transportation services. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Attachment: Agreement Agenda Item No. 1 O September 27, 2005 Page 2 of 33 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F Recommendation that the Board approve and authorize the Chairman to execute an Agreement with McDonald Transit Associates, Inc. to provide consolidated management for the Collier Area Transit and the Paratransit Systems not to exceed $4,885,162.00 (Norman Feder, Administrator, Transportation Services) 9127/2005 9:00:00 AM Approved By Director of Alternative Transportation Diane B. Flagg Modes ATM Director Date Transportation Services Alternative Transportation Modes 911412005 5:17 PM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Date Administrative Services Purchasing 9115/2005 8:52 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 9/1512005 8:55 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9/15/2005 11:36 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/15/2005 12:34 PM .Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/1512005 1:25 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9115/2005 1:34 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/16/2005 9:02 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/20/2005 10:06 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 912012005 8:34 PM Agenda Item No. 1 O September 27, 2005 Page 3 of 33 Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9121/2005 9:32 AM Agenda Item No. 10F September 27, 2005 Page 4 of 33 AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into this day of , 2005, by and between MCDONALD TRANSIT ASSOCIATES, INC., whose address is 4500 Mercantile Plaza Drive, Suite 307, Fort Worth, Texas 76137 (hereinafter referred to as "Contractor "), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as "County "). WITNESSETH: 1. TERMS AND RENEWAL. This Agreement shall commence October 1, 2005, and will be in effect for five years, terminating September 30, 2010. County has the right to renew this contract, with the consent of Contractor, under the same terms and conditions for one additional five -year period. County shall give Contractor written notice of County's intention to renew the Agreement term not less than 30 days prior to the end of the term. In lieu of renewal, the County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to 79 days. The County Manager, or his designee, shall give Contractor written notice of County's intention to extend the Agreement term not less than 30 days prior to the end of the term. �. 2. DUTIES. Except as set forth below, the parties' respective duties are described in Attachments 1 and 2. 3. COMPENSATION. County shall pay Contractor for the performance of this Agreement: 3.1 A Management Fee. This fee includes all cost and expenses associated with the salary and related cost of the General Manager, interest on working capital, corporate staff travel, and overhead. In addition, this management .fee includes the cost of expert management consultation and advisory assistance in all areas of the public bus transportation industry as may be reasonably required to assist the General Manager and Collier Area Transit in the day -to -day operation of the system. 3.2 All other costs and expenses approved by the County for the operation of the public transit system will be reimbursed to the Contractor by the County upon proper documentation of expenses incurred, provided however that the County, at its sole discretion, may provide goods, supplies, materials and services in kind. 3.3 The estimated costs for the first three contract years, set forth in Attachment 3, are based upon 42,926 fixed route revenue hours, plus paratransit services. It is expected that these hours will change over the course of the Agreement, and that Contractor's compensation will be adjusted to reflect such changes. Compensation for the fourth and fifth year of this Agreement shall be negotiated during the first half of the third year of this Agreement by the parties, and shall be based upon Contractor's actual costs, with a 2.5% fixed profit. Should the parties fail to reach agreement for year four and five compensation by March 31, 2008, then the parties shall mediate the issue in accordance with County's then - current mediation policy, with each side paying half of the costs of mediation. Should Page 1 of 30 Agenda Item No. 10F September 27, 2005 Page 5 of 33 the parties fail to reach a mediated settlement, then for the remaining two years of this Agreement, Contractor will continue to provide the same level of service it provided during the third Agreement year, at the same level of compensation it received in the third Agreement year, as adjusted on a monthly basis thereafter by any change in the Consumer Price Index (All Urban Consumers, U.S. City Average, All Items, Not Seasonally Adjusted, Base Period 1982 -1984 =100). Payment shall be made to Contractor promptly upon receipt of a proper invoice and in compliance with Section 218.70 F.S., otherwise known as the "Florida Prompt Payment Act." 4. TERMINATION. County may terminate this Agreement immediately for cause should the Contractor fail to perform its services in a manner satisfactory to County, with County being the sole judge of non - performance. Otherwise, County may terminate this Agreement at any time upon 60 days written notice to the Contractor. Any such notice to terminate this Agreement shall be given by certified mail, return receipt requested, and shall be effective 60 days from the date of receipt as noted on the return receipt. A written request by the County to the Contractor to increase or decrease the level of fixed route service shall not be construed as a partial termination of this Agreement. Upon such a request, the parties will negotiate in good faith for a concomitant increase or decrease in payment to Contractor. 5. ASSIGNMENT AND SUBCONTRACTING. No portion of the requested services may be assigned or subcontracted without the prior written permission of the County. County may grant or withhold its consent in its sole and absolute discretion. 6. OPERATING REVENUES. All operating revenues collected by Contractor are the property of County, including but not limited to farebox receipts, ticket and pass sales revenue, and advertising revenues. 7. MEETINGS. Upon request of the County, the Contractor shall, at its own expense, attend citizens' meetings to provide information concerning the transit system. The General Manager, representing the Contractor, shall attend, at a minimum, biweekly meetings with County Transportation Alternative Modes Department staff at times and locations to be determined. 8. ADVERTISING. The County shall determine interior and/or exterior advertising policies on revenue vehicles. All revenue received from advertising on buses shall be paid to the County. The Contractor shall be responsible for the installation of advertising in or on the buses, and collection of revenue from the advertiser. This revenue must be documented and deposited with passenger fares in the County bank account. There shall be no interior or exterior advertising on or in buses, transit shelters, benches, or other transit amenities without prior written approval by the County Public Transportation Manager or their designee. 9. THE COUNTY AND CONTRACTOR- SUPPLIED PROPERTY. Title to capital items provided by the County shall remain with the County. The Contractor shall be required to maintain such items utilizing manufacturers' recommended maintenance standards, at a minimum, or those standards provided by the County, at the County's sole discretion. Furthermore, the Contractor shall maintain adequate property control records of all County - furnished property in accordance with sound industry practice and as approved by the County. The County shall have the option, upon the expiration or termination of the Agreement, to purchase all or any part of non - revenue equipment not Page 2 of 30 Agenda Item No. 1 O September 27, 2005 Page 6 of 33 already purchased by the County and used by the Contractor in the performance of the work specified in the Agreement at a price equal to that portion of the original cost of the equipment which has not yet been amortized as of the date the Agreement expires or is terminated. Amortization shall be deemed to be in accordance with generally accepted accounting principles. 10. INSURANCE. The Contractor shall provide insurance as follows: 10.1 Minimum Limits of Insurance The Contractor shall maintain limits no less than: a. Commercial General Liability (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements, excluding Garage Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. b. Vehicle /Automobile Liability (Owned/non- owned/hired): $5,000,000 combined single limit per accident for bodily injury, personal injury and property damage including passenger liability. c. Umbrella Liability: $10,000,000 per occurrence for bodily injury, personal injury, and property damage in excess of limits required above. d. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Statutory Limits of Florida Statutes Chapter 440 and all Federal Government Statutory Limits and Requirements. e. All Risk Fire and Extended Coverage for full replacement cost on all equipment, tools, supplies, and contents used by the Contractor in the performance of services under the Contract. The County will be included as a Loss Payee in this coverage for County — owned equipment, tools, supplies, and contents. f. Vehicle /Automobile Physical Damage coverage, including Collision coverage and Comprehensive coverage, each equal to depreciated value of all vehicles, including the buses, and non - revenue vehicles operated by Contractor. The Contractor shall be responsible for all damages falling below the deductible. No blanket or per location limit should apply to this coverage under $10,000,000. The County will be included as a Loss Payee in this coverage. g. Fidelity Bonds insuring against theft, fraud or misappropriation of funds or other misuse of money in such amounts as the County shall request. Collier County shall be named as an Additional Insured as their interest may appear. A letter of credit may be requested in lieu of or in addition to a Fidelity Bond to secure the Bond deductible depending upon its size. - h. Employment Practice Liability: $1,000,000 each occurrence and aggregate. Page 3 of 30 Agenda Item No. 1 O September 27, 2005 Page 7 of 33 i. Performance Bond: It is hereby made a part of this Agreement that the Performance Bond requirement is waived. 10.2 Deductibles and Self- Insured Retention Any deductibles or self - insured retentions must be declared to and approved by the County. At the option of the County, either, the insurer shall reduce or eliminate such deductibles or self - insured retentions in regard to the deductibles or self - insured retention's as respects the County, the BCC, their officials, agents, employees, and volunteers; or the County shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 10.3 Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability, Automobile Liability, and Umbrella Liability Coverage a. The County, the BCC, their officials, agents, employees, and volunteers are covered as insureds as respects liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or vehicles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the County, the BCC, their officials, agents, employees, and volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects the County, the BCC, their officials, agents, employees, and volunteers. Any insurance or self - insurance maintained by the County, the BCC, their officials, agents, employees, and volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County, the BCC, and its officers, officials, employees and volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the County, the BCC, and its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the County. 3. All Coverage Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage or in Page 4 of 30 Agenda Item No. 1 O September 27, 2005 Page 8 of 33 limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the County or ten (10) days for non - payment. 4. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A VII or acceptable to the County. 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. 10.4 Verification of Coverage The Contractor shall furnish the County with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The policies, certificates and endorsements are to be in a form acceptable to the County and are to be received and approved by the County 30 days after award or commencement of any transition activity, whichever is earlier. The Contractor is to commence no activity with regard to performance of the Contract until the required insurance has been obtained. The County reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.5 Subcontractors The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein except paratransit subcontractors will be subject to Automobile Liability of $1,000,000, in Attachment 4. 10.6 Additional Insured Requirements Collier County shall be listed as the Certificate Holder and include as an Additional Insured on the Comprehensive General Liability Policy. 10.7 Certificate Holder and Requirements Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 The Certificate must state the Contract Number and Title. 10.8 Cancellation Notice Requirements Page 5 of 30 Agenda Item No. 1 O September 27, 2005 Page 9 of 33 Thirty (30) Days Cancellation Notice is required. 10.9 Claims Information and Loss Runs The Contractor shall make available to the County, through its records or the records of their insurer, information regarding a specific claim. Any loss run information available from the Contractor or their insurer will be made available to the County upon their request. 11. INDEMNIFCATION. To the maximum extent permitted by Florida law, the ContractorNendor /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 the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /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. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. AMENDMENT AND NOTICES. 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. In the event state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. All notices and other communications required or permitted 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: McDonald Transit Associates, Inc. 4500 Mercantile Plaza Drive Suite 307 Fort Worth, Texas 76137 All Notices from the Contractor to the County shall be deemed duly served if mailed or certified mail to the County to: Collier County Government Center Purchasing Department — Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 The Contractor and County may change the above mailing address at any time upon giving the other party written notification. Page 6 of 30 Agenda Item No. 10F September 27, 2005 Page 10 of 33 13. LEGAL RELATIONSHIP. Contractor is an independent contractor, and is not the legal representative or agent of the County. Contractor and County have a business relationship based entirely on and circumscribed by this Agreement. No partnership, joint venture, agency, fiduciary, or employment relationship is intended or created by reason of this Agreement. Contractor will exercise full and complete control over and have full responsibility for its contracts, daily operations, labor relations, employment practices and policies, including but not limited to the recruitment, selection, hiring, disciplining, firing, compensation, work rules and schedules of its employees. 14. LAWS AND PERMITS. Any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the work shall be obtained by Contractor. Payment for all such permits issued by County shall be processed internally by County. All non - County permits necessary for the prosecution of the work shall be procured and paid for by Contractor. In addition, 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. Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons it employs, and agrees that there shall be no discrimination as to race, sex, color, or national origin. 15. NO IMPROPER USE. 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. 16. DISPUTE RESOLUTION. This Agreement shall be deemed to be made in Collier County, Florida, and shall be governed by the laws of the State of Florida. In the event of a dispute under this Agreement, the parties shall first use County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for appropriate relief in the Circuit Court of Collier County, said Court being the sole agreed upon venue with respect to any action arising from this Agreement. 17. 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. 18. SUBJECT TO APPROPRIATION. This Agreement is subject to appropriation by the Board of County Commissioners. 19. RECORDING. Contractor 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. Contractor shall pay all costs of recording this Agreement. County shall provide a copy of the recorded document to Contractor upon receipt of the recorded document. Page 7 of 30 Agenda Item No. 1 O September 27, 2005 Page 11 of 33 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 , Deputy Clerk First Witness Type /print witness name Second Witness Type /print witness name Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman MCDONALD TRANSIT ASSOCIATES, INC. Contractor By: Signature By: Typed Signature and Title Page 8 of 30 Agenda Item No. 10F September 27, 2005 Page 12 of 33 ATTACHMENT 1 COUNTY DUTIES COUNTY DUTIES AND RESPONSIBILITIES The COUNTY has the following responsibilities and performs the following duties with respect to the fixed route and paratransit services. To the extent reasonable and feasible, CONTRACTOR shall assist COUNTY in this regard. Financial The COUNTY shall reimburse, on a monthly basis, all costs for the approved budget for fixed route services and paratransit services promptly. The COUNTY shall offer their advice and consent on the selection of any insurance policy and any subcontractor who provides trips to the customer. The COUNTY shall establish a payment account unique to the paratransit subcontracts. Operations and Maintenance Facility COUNTY provides the operations /maintenance facility and maintenance for COUNTY -owned CAT and paratransit vehicles. COUNTY is responsible for all utilities and maintenance costs for these facilities. Vehicles and Equipment COUNTY will provide to CONTRACTOR the vehicles set forth in Exhibit "A" (both CAT buses and paratransit). CONTRACTOR must provide any additional paratransit vehicles as necessary and may do so through subcontracts. Computers The CONTRACTOR may be required to purchase additional computer equipment. If the CONTRACTOR is required to purchase the computer equipment, the COUNTY will reimburse the CONTRACTOR for the actual cost of the approved computers and software. The COUNTY may provide all or part of the computer equipment rather than reimbursing the CONTRACTOR. The CONTRACTOR shall procure with the advice and consent of COUNTY the scheduling software preferred and specified by COUNTY. The ownership of the software shall remain with COUNTY. Fuel and Maintenance Costs COUNTY shall provide fuel and maintenance products or services needed for all county owned vehicles. COUNTY will outline all operating, administrative and accounting procedures that CONTRACTOR must follow in connection with fueling operations. The COUNTY will either reimburse the CONTRACTOR for the cost of fuel for those isolated cases in which it is not feasible to supply fuel at a COUNTY facility for all county owned vehicles used in providing service to CAT and paratransit. COUNTY may transfer direct maintenance duties to CONTRACTOR. Costs for fuel and maintenance for COUNTY vehicles are in addition to the CONTRACTOR cost proposal. Schedules, Passes, Tickets, Tokens CONTRACTOR shall prepare, print, and provide all schedules, passes, tickets, tokens, and like materials required by CAT and paratransit operations. CONTRACTOR shall distribute and - - disseminate such materials in accordance with the provisions of this CONTRACT and any directions supplemental thereto provided by COUNTY. The COUNTY will reimburse the CONTRACTOR for the cost of these items. Page 9 of 30 Agenda Item No. 10F September 27, 2005 Page 13 of 33 Radio Communication Systems COUNTY will provide radios on all County -owned fixed route buses and existing County -owned supervisory vehicles. COUNTY will be responsible for providing and maintaining the radio communications system. COUNTY will be financially responsible for the cost of the radio license, all radio equipment and equipment installation. CONTRACTOR must identify and provide additional radio equipment for any additional Supervisor vehicles, paratransit fleet, and other new services. If CONTRACTOR is required to purchase the radio equipment, COUNTY will reimburse CONTRACTOR for the actual cost of the approved radios and equipment. COUNTY may provide all or part of the radio communication equipment rather than reimbursing CONTRACTOR. Fareboxes/Destination Signs COUNTY provides the manual farebox system on the fixed route bus fleet and the necessary equipment (vault, any coin counting machines, etc. at its administrative /dispatch office) to safely and securely store the contents of all fareboxes over night. If additional equipment is identified by the CONTRACTOR and approved by the COUNTY, the CONTRACTOR may be required to purchase that equipment. The COUNTY will reimburse the CONTRACTOR for the cost of the approved equipment. COUNTY will provide the destination signs for the buses. Bus Stop Improvements COUNTY will purchase all signs, posts, benches, shelters, and trash receptacles for CAT and paratransit bus stops and facilities. The CONTRACTOR will maintain all bus stops, signs, posts, benches, shelters, and trash receptacles at COUNTY'S direction. The COUNTY will reimburse the CONTRACTOR for the expense of this maintenance. Notification — Potential Interference With Operations COUNTY shall make a reasonable effort to notify CONTRACTOR in advance of any road closures, detours, parades, or other such events under COUNTY jurisdiction, which may interfere with CAT and paratransit operations or require deviations from established routes or schedules. Page 10 of 30 Agenda Item No. 10F September 27, 2005 Page 14 of 33 ATTACHMENT 2 CONTRACTOR DUTIES CONTRACTOR DUTIES AND RESPONSIBILITIES The CONTRACTOR shall perform the duties and accept the responsibilities set forth below in connection with the operation, maintenance, and administration of fixed route CAT and paratransit systems. Operations CONTRACTOR shall provide the necessary management, technical and operating services for the operation of fixed route, special event, paratransit and other services as specified by the COUNTY. CONTRACTOR shall assist and cooperate with COUNTY in meeting the objectives of providing quality transportation services. CONTRACTOR shall perform close liaison activities, coordination, and cooperation with COUNTY on matters related to operations, monitoring, reporting and service performance measurements. System Planning and Administration CONTRACTOR is responsible for all planning activities relative to CAT routes, schedules, days and hours of operations, bus stop locations, location of bus stop improvements, approval of all planning documents, budgets, grant applications and related documentation, contract monitoring and other such activities relative to overall system administration, at COUNTY'S approval. CONTRACTOR is responsible for the preparation and administration of all grants (federal, state and local) associated with the operation of the fixed route and paratransit systems. Fixed Route Using vehicles and equipment provided or funded by the COUNTY, CONTRACTOR will operate fixed route bus services as specified by COUNTY. Fixed route bus service shall be operated in strict accordance with the operating days and hours, routes and schedules set forth in the schedule, and shall provide such service in a safe, professional, and courteous manner. Service hours may vary over the term of the CONTRACT depending upon funding considerations. • In the event that a fixed route operates more than ten (10) minutes behind schedule, CONTRACTOR shall take all available steps to restore on -time performance. • CONTRACTOR shall establish procedures, subject to COUNTY review and approval, to restore on -time performance. • CONTRACTOR is responsible for developing and distributing all schedule blocks and run cuts in conformity with COUNTY'S prior approval and specifications. • A dispatcher is required to be on duty in the fixed route dispatch office at all times while buses are in service. Detailed logs must be kept on all communications. • Drivers, when requested by COUNTY, will hand out notices to passengers or otherwise render assistance in COUNTY'S customer relations, promotion, monitoring, and supervisory functions. • Drivers will be required to assure that each patron pays the appropriate fare. • Drivers will be required to honor fares as determined by COUNTY. • Drivers shall have available at all times during operation of any bus an accurate timepiece. • Drivers will be required to operate the wheelchair lift and kneeling features and assist in securing wheelchairs and scooters. Page 11 of 30 Agenda Item No. 10F September 27, 2005 Page 15 of 33 • Drivers will be required to announce all ADA required stops through the PA system, as outlined by the COUNTY. • Drivers must fill out a pre -trip and post -trip inspection forms. • The CONTRACTOR must provide a reliable monitoring program to insure a high performance capability. The CONTRACTOR will be responsible for accumulating data and reports that assist in identifying service improvements. • The CONTRACTOR must implement a program that provides adequate supervision throughout the transit system's service area. Paratransit Service The CONTRACTOR shall ensure that similar operation; maintenance and administrative oversight and management duties and responsibilities are undertaken for the paratransit system. CONTRACTOR shall propose a qualifications -based subcontractor selection process within ten days of contract award. CONTRACTOR shall conduct all subcontractor selection and negotiation process with the advice and consent of COUNTY. CONTRACTOR shall cause this process to be completed 30 days before service delivery inception as defined in the subcontract. At a minimum, the CONTRACTOR will be responsible for the successful delivery of all scheduled paratransit trips with the passenger pick -ups occurring within fifteen (15) minutes of the scheduled pick -up time. Special Events Service In addition to regular fixed route and paratransit operations, CONTRACTOR will from time to time, be required to provide special transportation services within the CAT service area using CAT vehicles. All passenger fares (if any) for the special events service are the property of the COUNTY and are to be accounted for and deposited using the same procedures followed for the regular operations on the fixed route service. SAFETY CONTRACTOR shall assume full responsibility for assuring that the safety of passengers, personnel, members of the public and COUNTY'S vehicles and equipment are maintained at the highest possible level throughout the term of this CONTRACT. In this regard, the CONTRACTOR will develop and implement an ongoing comprehensive safety program covering all aspects of the system. The Safety Program must meet, at a minimum, all applicable Federal, State, and local regulations including Rule Chapter 14 -90. The COUNTY System Safety Program Plan (SSPP) sets the requirements for safety. The following, at a minimum, are to be included in the Safety Program: Safety Reviews and Accident Prevention The program will include provisions to regularly review all aspects of the operation to ensure that the service being provided meets the highest level of safety standards. This will include audits of vehicles and equipment, delivery of accident prevention programs, holding monthly safety meetings, and ensuring follow -up of findings. Emergency Preparation CONTRACTOR will develop procedures and provide training programs to address all types of emergency situations, including accidents, crime /security incidents, and inclement weather. Page 12 of 30 Agenda Item No. 10F September 27, 2005 Page 16 of 33 Accident/Incident Response and Reportin CONTRACTOR shall develop and implement procedures, subject to COUNTY review and approval, to respond to and report all accidents and incidents. Such occurrences are to include vehicle accidents, passenger injuries or disturbances, employee injuries, and lift failures on in- service buses. All traffic accidents involving transit system vehicles are to be reported promptly to the Collier County Sheriff or other appropriate police unit, as well as the COUNTY. Accident Investigation Rating and Follow-up- CONTRACTOR will develop procedures to investigate, review and rate each accident to determine if the accident could have been prevented utilizing the National Safety Council definition of preventability. In addition, this review will establish the need (and schedule, as necessary) for any corrective training, operating guideline revision, or equipment maintenance or technical correction required, together with a follow -up to assure that action has been completed. All staff involved in accident investigation must be properly trained in accident investigation as required by the US Department of Transportation. ADA Requirements Program will encompass provision for meeting ADA public transit requirements, including the s policies, regulations and training of all bus operators in the safe use of all ADA bus equipment. Requirements include operation of the wheelchair lift equipment, wheelchair tie -down procedures, wheelchair lift standee policies, operation of bus kneeling feature, public address system, boarding and securing of the mobility devices, service animal regulations, and an awareness of a variety of disabilities and the medical symptoms or risks associated with them. Drug and Alcohol Testing Program The CONTRACTOR will implement a Drug and Alcohol Testing Program that complies with 49 CFR Part 655. COUNTY will reimburse CONTRACTOR for all required tests. Monthly reports must be submitted to the COUNTY documenting the details of the tests that have been administered. The annual Federal Management Information System (MIS) reports with specific fixed route and paratransit information are to be submitted to COUNTY each year. The CONTRACTOR must permit the COUNTY and any authorized representative of US DOT to inspect facilities, and records associated with the program. The Drug and Alcohol Testing Program requirements will be reflected in the Accident Response procedures. The CONTRACTOR agrees further to certify to Collier County annually its compliance with Part 655. To certify compliance, the CONTRACTOR shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. CUSTOMER SERVICE The CONTRACTOR will operate a Customer Service Program, which accomplishes the following: Customer Inquiries, Complaints and Commendations A main focus of the Customer Service Program is handling all customer /public inquiries, complaints or commendations received by mail, fax, e -mail, phone, or in person. The Customer Information Service hours will be Monday — Saturday from 6:00 a.m. to 7:00 p.m. The hours may be extended in the future if a need is identified. All inquiries, complaints, or commendations shall be recorded on Page 13 of 30 Agenda Item No. 10F September 27, 2005 Page 17 of 33 a permanent customer comment form. The comments are to be routed to the appropriate department for research and follow -up actions. Detailed questions and all complaints must receive follow -up responses to customers within three (3) working days of receipt. An important requirement of the program is supervision of information responses to assure quality control, accuracy, and customer service. In addition, CONTRACTOR shall monitor and schedule personnel necessary to effectively respond to incoming calls at a quality and level consistent with customer demand. Computerized Database: Customer Complaints Comments and Commendations A comprehensive report is to be provided to COUNTY monthly, showing a summary of all customer communication (both received and sent). The report is to be organized by the customer comment category, by bus route, date, and customer name or employee name. Follow -up action taken to address concerns must be specified in this report. All complaints more than eight (8) working days old which have not resulted in a completed investigation and follow -up response (telephone or written) to the customer must be listed separately and forwarded to the COUNTY. Ticket/Pass Sales Program CONTRACTOR will sell tickets and monthly passes for fixed route and paratransit service at the CONTRACTOR'S facility during the hours of 8 am to 5 pm on weekdays. CONTRACTOR will accept payment by cash, check, and money order. A mail -in ticket and pass program must also to be provided. All revenues from the sales program are to be included in the passenger fare deposits. The CONTRACTOR must provide complete accountability to the COUNTY for this program. A periodic inventory of tickets and passes will be conducted at the COUNTY'S request. Operating a Lost and Found Program Customer Service will be responsible for managing all lost and found articles from buses or at transit facilities. This may include fielding inquiries on the phone or in person at the Customer Service Information Office. Photo Identification Cards CONTRACTOR may be asked to prepare and issue identification cards to the elderly and disabled for federal fixed route discount fare benefits, as well as those eligible for the Complementary Paratransit ADA services. Customer Service will record information and prepare an I.D. at the CONTRACTOR'S facility for all eligible passengers requiring the discounted fare. Information on the recipients will be entered and maintained on a database. MAINTENANCE CONTRACTOR shall provide information and training to COUNTY staff regarding compliance with all applicable requirements of Federal and State, statutes or regulations in connection with the maintenance of COUNTY -owned vehicles and equipment. Preventive Maintenance Program CONTRACTOR shall develop and submit a pro- active preventive maintenance program within thirty (30) days of the effective date of this Agreement. At a minimum, CONTRACTOR'S preventive maintenance program shall adhere to the preventive maintenance schedules and standards of the industry, and shall be sufficient so as not to invalidate or lessen warranty coverage of any county owned vehicle or associated equipment. Page 14 of 30 Agenda Item No. 1 O September 27, 2005 Page 18 of 33 Vehicle Towing In the event that towing of any COUNTY -owned vehicle is required due to mechanical failure, damage, etc., CONTRACTOR shall responsible towing towing, tr company selected by the COUN T COUNTY wlre mburse the Conactor for service provided. VEHICLE SERVICING AND CLEANING Daily Vehicle Servicing CONTRACTOR shall perform daily vehicle servicing on all fixed route vehicles and equipment. For purposes of this CONTRACT, daily servicing shall include, but not be limited to: Fueling Engine oil, coolant, transmission fluid, and windshield washer check/add Farebox vault pulling and replacement Tire inspection (air pressure, tread depth, and wear) Brake check Exterior and interior light operations Interior sweeping and dusting Exterior and interior visual inspection Identify unreported damage CONTRACTOR shall develop, implement, and maintain a written checklist of items included in the daily servicing of each vehicle. The checklist shall be utilized and kept on file for COUNTY review for two (2) years. Similar standards should be developed for county owned vehicles out stationed to paratransit service sub- contractors. Vehicle Cleaning CONTRACTOR shall maintain buses in a clean and neat condition at all times. Vehicle exteriors and wheels should be washed daily and interiors cleaned daily; including floors mopped and trash removed after each day's use. Ceilings, windows, dashes, walls, stanchions, and grab rails shall be thoroughly cleaned as necessary, but at least every fourteen (14) days. All foreign matter such as gum, grease, dirt, and graffiti shall be removed from interior surfaces during the daily interior cleaning process. Upholstery shall be steam cleaned as necessary, but at least quarterly. Upholstery damage shall be scheduled for repair immediately upon discovery. Rubber or vinyl exterior components such as tires, bumper fascia, fender skirts and door edge guards shall be cleaned and treated with a preservative as necessary to maintain an attractive appearance. Buses shall be kept free of vermin and insects at all times. CONTRACTOR shall exterminate all vermin and insects from all vehicles immediately upon their discovery, utilizing safe, non - hazardous and EPA approved insecticides /materials. Similar standards should be developed for county owned vehicles out stationed to paratransit service sub - contractors. Page 15 of 30 Agenda Item No. 10F September 27, 2005 Page 19 of 33 Bus Stop, Transfer Center Transit Amenities Maintenance Cleaning The CONTRACTOR will be responsible for cleaning and maintaining the transfer center, park and ride lots, improved bus stops, shelters and other transit amenities. This shall include but not be limited to: trash removal, washing windows, replacement of light bulbs, painting, graffiti removal, and insect removal/treatment. CONTRACTOR will be responsible for monitoring all bus stops, shelters, and other transit amenities on a regular basis and reporting any maintenance problems to the COUNTY. The maintenance program must meet the following minimum standards and the proposed plan to accomplish this task shall be submitted to the COUNTY for review and approval: • The CONTRACTOR shall be required to monitor bus stops, transfer center, park and ride lots as well as improved bus stops and shelters transfer locations on a regular basis. The CONTRACTOR'S field supervisors and the transit system bus operators may be utilized as a monitoring resource. Customer comments and requests will also provide information related to the bus stop maintenance requirements. • Upon notification, the CONTRACTOR will clean and maintain the improvements and grounds at all bus stop sign, bench, and shelter locations. • Unsightly conditions reported to the CONTRACTOR by the COUNTY or the public will be corrected within forty -eight (48) hours. • Hazardous conditions such as damaged facilities will be responded to as quickly as possible. The CONTRACTOR will be initially responsible for labor and materials used in the performance of this work. The COUNTY will reimburse the CONTRACTOR for the cost of labor and materials. BUS STOP INVENTORY AND SHELTER REPAIR WORK ORDER PROGRAM The CONTRACTOR is responsible for managing the CAT bus stop and shelter program and undertaking designated repairs. This includes the following responsibilities: Bus Stop Inventory Preparing and maintaining a computerized CAT bus stop inventory which delineates the location of all bus stops, the routes that serve each stop, and the improvements located at each stop. Bus Stop Shelter Repair Work Order Program Performing the ongoing maintenance of existing signposts, trash receptacles, shelters and benches at stops, including repair, removal, and relocation of bus stop materials. Signage Parts Inventory The CONTRACTOR will maintain the inventory of all sign faces and posts by type, and advise the COUNTY when additional faces and posts need to be ordered. The COUNTY will reimburse the CONTRACTOR for all sign faces and posts. Stop and Route Evaluation Evaluating requests for additional stops and routes and making recommendations to COUNTY on stop and route additions, removals and relocation. The recommendations need to be based on ADA, safety, route schedule, and community considerations. CONTRACTOR will be responsible for labor used in the performance of this work. Page 16 of 30 Agenda item No. 10F September 27, 2005 Page 20 of 33 REVENUE COLLECTION RECONCILIATION assure that revenue revere eDcEPOts CONTRACTOR will develop a Plan to on, reconciliation, reporting, and deposit procedures meet industryfor review and approval. Theafollowinglis to be incotrporat is Plan is to be submitted to COUNTY d into the plan: All revenue collected by CONTRACTOR for fixed route, paratransit and special event service will be the property of the COUNTY. CONTRACTOR shall reimburse COUNTY for any revenue missing or stolen from vehicles or facilities. COUNTY and CONTRACTOR agree to daily reconciliation of receipts. CONTRACTOR shall prepare reconciliation- reporting system in 30 days from award of contract. COUNTY will establish the fare structure for the fixed route system and trip rate structure for the paratransit system. Any change in the fare structure or trip rates authorized by the COUNTY will be implemented by the CONTRACTOR in the manner and at the time prescribed by COUNTY. Drivers shall be required to assure that each patron pays the appropriate fare prior to being provided transportation service. The CONTRACTOR may waive the passenger fare when appropriate in order to maintain appropriate customer relations. Procedures outlining the waiving of passenger fares shall be identified in the CONTRACTOR'S Policies and Procedures Manual. Drivers will not handle cash or make change for passengers. -- Drivers will record ridership counts by passenger category. CONTRACTOR shall maintain the security of the fareboxes on the buses and the associated revenue collection system. Drivers will immediately report to Dispatch all problems arising with the farebox. Money is not to be left in fareboxes overnight or when the vehicle is transported to an off - property garage or site. Revenue is to be counted daily. There must be a minimum of two staff members in the vault room during the count. All discrepancies are to be investigated and accompanied with an explanation report to the COUNTY. This report must be received within two (2) business days of the discrepancy. RECORDS AND REPORTS CONTRACTOR must maintain detailed records in all areas of the operation. This information is vital to ensure compliance with county, federal and state requirements and to enable a thorough monitoring and evaluation of the system, including ridership, revenue, maintenance activities, service efficiency and effectiveness and customer feedback. The CONTRACTOR must develop and implement a plan to ensure the development of a comprehensive and accurate record keeping and reporting program that encompasses all aspects of the operation. This record keeping /reporting plan is to be submitted to the COUNTY one month prior to service start-up, and is to be approved by COUNTY prior to start-up. The following are to be incorporated in the CONTRACTOR'S record keeping/reporting plan: All data and records collected pertinent to the CONTRACT must be accessible in the form of a hard copy and an electronic medium to the COUNTY at any time. Page 17 of 30 Agenda Item No. 10F September 27, 2005 Page 21 of 33 (Microsoft EXCEL, Word, or software approved by the COUNTY) This information also needs to be accessible by the Federal Transit Administration (FTA) Administrator, the Comptroller General of the United States or any of their authorized representatives pursuant to 49 C.F.R. 18.36(1), as well Florida DOT or Florida Commission for the Transportation Disadvantaged authorized representatives. • The CONTRACTOR agrees to maintain all books, records, accounts, and reports required under this CONTRACT for a period not less than five (5) years after the date of termination or expiration of this CONTRACT. • Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONTRACTOR under this Agreement shall be delivered to the COUNTY upon request and shall become the property of COUNTY. • CONTRACTOR is responsible for preparing the National Transit Database report (formerly Section 15 report), and compiling information regarding the service, including vehicle revenue hours; vehicle mileage, passenger trips, and service failures for the preparation of the National Transit Database report. This report is critical to receipt of federal funding and the CONTRACTOR must ensure that all deadlines established by FTA for receipt of report and any follow -up responses are adhered to. • The CONTRACTOR will be required to report all Accounting information including Revenue and Expense information using the Uniform System of Accounts (USOA) as a reference document. The CONTRACTOR must maintain the accounts and records necessary to meet the requirements specified in the USOA. Additionally, all accounting information must be reported to the COUNTY in a format that will allow the COUNTY to generate the electronic invoices using the Electronic Clearing House Operation (ECHO) program. • CONTRACTOR will be required to maintain all information necessary for all FTA reviews, including all FTA Triennial Review information. Information pertaining to the triennial review must be maintained in a filing cabinet sorted by the twenty -two (22) general areas of review. This information must also be available in a comparable electronic format sorted in the same manner. When necessary, hard copies of documents pertaining to the review must be scanned so as to be available electronically. • The CONTRACTOR shall submit for the CTC, a certified Annual Operating Report (AOR), to the Commission for the Transportation Disadvantaged by September 15th each year with a copy provided to the Collier County MPO. The AOR must be submitted to the Local Coordinating Board for review prior to submitting it to the Commission for the Transportation Disadvantaged. • The CONTRACTOR shall comply with the Transportation Disadvantaged Program Standards for Coordinators. REQUIRED REPORTS The following reports are to be submitted to the COUNTY according to the specified frequency: Operations Reports Page 18 of 30 Agenda Item No. 10F September 27, 2005 Page 22 of 33 The following is an illustrative list of the minimum operational reports required for the fixed route system. Identical, similar, or like -wise appropriate operational report for the paratransit system must also be provided. 1) Daily Dispatch Log The Contractor will record on a daily dispatch log all radio communication received from operators and supervisors including time, vehicle number, route number, and a brief summary of any incident and its resolution. 2) Daily Operating Report Total runs dispatched Total revenue hours operated Total dispatched runs and revenue hours that were missed Total dispatched runs that were delayed Total number of trips monitored by Contractor Total monitored trips recorded as late or early Total number of authorized extra trips Accidents (any vehicle used in the transit system or passenger) Total number of bus failures (identified as major or minor and the reason for the failure) by bus and run number Total number of buses (in service) with inoperable wheelchair lifts identified by bus number Farebox problem, tampering, vandalism etc. by bus number List of supervisors driving routes and run number Number of dispatchers and supervisors on duty (not driving) Number of open runs (driver's) and run number and number of deviations by bus and run Revenue and revenue miles, hours and number of passengers Number of late cancellations and no -show paratransit trips with details of circumstances and causation Monthly Reports Total number of major and minor mechanical failures (by bus number and run number) Total miles between failures Mileage per month Total missed trips and hours Total supervisor hours driving routes Total vehicle miles and hours Total number of passengers Accidents and incidents Complaints from passengers: by route, type and driver Safety_ Reports 1) Monthly Drug and Alcohol Testing Information Page 19 of 30 Agenda Item No. 1 O September 27, 2005 Page 23 of 33 Number of tests administered by personnel category and all positive and negative results for the following categories: • Pre - employment • Post Accident • Random • Reasonable Suspicion • Return to Duty 2) Monthly Accident Statistics • Preventable and Non preventable • Passenger Injuries • New Workers Compensation Injuries, Injuries per 100 employees • Incidents 3) Accident Reporting Dispatch Memorandum of Accident (including drug & alcohol testing requirements) as per page 18 "Safety Requirements ". • Supervisors Accident Report • Drivers Accident Report • Police Report • Safety Department Follow up Report Revenue Reports 1) Daily Reconciliation Report • Ticket Sales • Cash • Total Revenue • Total Deposit 2) Farebox Reports • Daily Revenue and Ridership Report • Daily Farebox Data Verification Report (discrepancies) • Daily Exception Report • Daily Security Report • Monthly Revenue and Ridership Report Reports shall be due by the tenth (10th) day of each month for service provided in the preceding month. Customer Service Monthly Reports • Complaints /Commendations • Copy of each complaint and commendation • Summary of follow -up action • Summary of number of complaints and commendations by issue Personnel Reports — Monthly • Total Positions by Department and Classification — Required, Filled and Vacant • Number of Employees in Training (by Department) Page 20 of 30 Agenda Item No. 1 O September 27, 2005 Page 24 of 33 County Notification — Immediately Accidents (any County vehicle or passenger) Incidents that delay route more than 10 minutes Missed trips Major bus failure (any disabled bus) Detour or deviation off normal routes, this includes deadhead routes ORGANIZATION AND PERSONNEL PLAN The CONTRACTOR will provide an organization and personnel plan identifying staffing levels for each department. The plan needs to detail job descriptions, full time or part time designation, shifts, days of assignment and projected annual hours. The organization and staffing levels need to enable the delivery of a public transportation service that meets the COUNTY goals. As conditions change during the life of the CONTRACT, the CONTRACTOR is required to develop revisions to this plan to ensure the delivery of quality transit service. Mana_ ement CONTRACTOR shall provide management staffing at a level and capability sufficient to oversee its functions and employees. CONTRACTOR shall designate and provide the services of a General Manager who shall provide overall management and supervision of the fixed route and paratransit systems under the terms of this AGREEMENT. The appointment of the CONTRACTOR's General Manager is subject to and contingent upon the approval of the COUNTY. The General Manager shall work cooperatively with the COUNTY'S Alternative Transportation Modes Director in matters relating to service quality, providing operational and other data as described in this Scope of Work, responding to comments from fixed route and paratransit passengers and the general public, and responding to specific requests for other assistance as the need arises. CONTRACTOR shall assure COUNTY that the General Manager designated for this project will not be replaced without the written consent of COUNTY. Should the services of the General Manager become unavailable to CONTRACTOR; the resume and qualifications of the proposed replacement shall be submitted to COUNTY for approval as soon as possible, but in no event later than ten (10) working days prior to the departure of the incumbent General Manager, unless CONTRACTOR is not provided with such notice by the departing employee. COUNTY shall respond to CONTRACTOR within three (3) working days following receipt of these qualifications concerning acceptance of the candidate for replacement General Manager. Any new General Manager must be adequately briefed of ongoing and upcoming issues by the departing General Manager. The office of the General Manager will be physically located at CONTRACTOR'S operations facility. At all times, the General Manager, or an Operations Supervisor designated to act for the General Manager, shall be available either by phone or in person to make decisions regarding day -to -day CAT operations or provide coordination as necessary, and shall be authorized to act on behalf of CONTRACTOR regarding all matters pertaining to this Scope of Work. Page 21 of 30 Agenda Item No. 1 O September 27, 2005 Page 25 of 33 Employee Screening and Selection CONTRACTOR shall use appropriate screening and selection criteria to employ all staff. A detailed method for the selection of all employees must be developed by CONTRACTOR and approved by COUNTY. The selection method must identify a process for evaluating minimum requirements. The following needs to be addressed in the screening and selection program: • Proven ability in the area of customer service. This is vital to the delivery of quality transit services • Review of driving ability for all employees operating transit vehicles • References of past employment • Drug and alcohol testing for safety- sensitive employees; this includes a signed waiver at time of hiring for any drug /alcohol testing results to be given to COUNTY • Job related requirements for each position • CDL License • Review of Motor Vehicle Records • Job description • Pay Scale Training CONTRACTOR shall develop, implement, and maintain a formal training and retraining program, which shall be subject to review and approval by COUNTY. All operators, dispatchers, customer service personnel, supervisors and managers shall participate in the program. All COUNTY - approved costs will be reimbursed to CONTRACTOR by COUNTY. An important part of the program is a Customer Relations component. All employees having contact with the public must complete a Customer Relations course. The purpose of the course is to help provide employees with skills in providing quality customer service to passengers and the public. As part of the training program, CONTRACTOR shall prepare and distribute to all operators, dispatchers, telephone operators, and supervisors a DRIVER'S MANUAL. Contents of the DRIVER'S MANUAL shall include the following subject areas: driver's rules; accident /incident policies; radio policies and procedures; farebox policies and procedures; fog and inclement weather policy; vehicle inspection, care and maintenance policy and procedures, reporting procedures and pertinent sample forms. For operators, CONTRACTOR must certify in writing, by name, each individual operator as having satisfactorily completed all requirements and training courses prior to allowing that individual operator to operate a bus in revenue service. This certification requires a minimum of eighty (80) hours of training for each operator, full and part-time. The minimum eighty (80) hours shall include the eight (8) hour minimum National Safety Council Defensive Driving Course or equivalent, with satisfactory scores. It shall also include a minimum of thirty-two (32) hours of wheel time, including at least four round trips on each route. At least eight (8) hours of classroom instruction shall be performed for each of the following categories: 1) passenger relations, 2) accident reporting procedures, 3) radio communication procedures and codes, 4) schedules, routes, fares, and farebox procedures and, 5) ADA regulations for fixed route operations, and 6) ADA equipment operation. To maintain each individual operator's certification, the CONTRACTOR must provide and document annual refresher training of at least eight (8) hours for each operator covering passenger relations, operating procedures, ADA regulations and equipment updating. This training must Page 22 of 30 Agenda Item No. 10F September 27, 2005 Page 26 of 33 satisfy the paratransit service Passenger Assistance Training /Sensitivity requirement of Rule 14 -90. Additionally, the CONTRACTOR'S trainer shall conduct and document an on -board evaluation with each operator. The CONTRACTOR is responsible for training all operators on the requirements for public transit as defined in the Americans with Disability Act of 1990 (ADA) requirements. The CONTRACTOR addressing fixed route ADA requirements shall develop a comprehensive, on -going training program. The COUNTY will strictly enforce compliance with the ADA law. Supervision The CONTRACTOR'S supervision program must ensure that a high quality level of service is being delivered to fixed route and paratransit passengers. The CONTRACTOR to meet the above goal should evaluate supervisor - staffing levels in all departments carefully. Supervisors must have and maintain an appropriate Commercial Driver's License or other appropriate license. The CONTRACTOR must document and report to the COUNTY all instances where supervisors and dispatchers are used as operators. The CONTRACTOR must develop a plan for ensuring adequate supervision in these instances. Uniforms CONTRACTOR personnel who perform front line customer duties shall wear an official CAT uniform. The CONTRACTOR may not alter or replace uniform parts without the express approval of the COUNTY. Supervisors must be in uniform when on duty. The plan should include the proposed uniform pieces and supplier; however, the COUNTY determines the system logo, name, and colors. Operators and street supervisors must be clean and presentable at all times. The uniform may not be worn when performing duties or engaged in activities not related to the fixed route or paratransit systems. COUNTY will reimburse CONTRACTOR for all approved uniform costs. Equal Employment Opportunity (EM /Affirmative Action CONTRACTOR must develop and implement an EEO and Affirmative Action program that meets or exceeds all federal, state, and COUNTY policies. CONTRACTOR to prepare EEO program that complies with FTA Circular 4704.1 "Equal Employment Opportunity Program Guidelines for Grant Recipients" and submit to COUNTY by January 1 of each year. CONTRACTOR to update program and submit annually to COUNTY. PERFORMANCE STANDARDS The CONTRACTOR will perform all transit services required by the CONTRACT according to the performance standards set forth in Section 4 — Scope of Work. These standards are the minimum acceptable requirements for services performed under this contract. The CONTRACTOR'S plans and procedures, submitted with the PROPOSAL, shall incorporate actions necessary to provide service according to these minimum standards. The COUNTY has developed these standards with which the CONTRACTOR is expected to comply to insure that the COUNTY'S transit services, employee performance and vehicles meet COUNTY standards. Failure by the CONTRACTOR to meet these standards could result in the COUNTY Page 23 of 30 Agenda Item No. 10F September 27, 2005 Page 27 of 33 assessing an appropriate liquidated damage amount for each incident of non - compliance. The COUNTY has established specific performance standards related to the following: • Vehicle maintenance • Operating requirements • Vehicle cleanliness • ADA compliance • Safety requirements • Reporting requirements Fixed Route Bus Operations The following performance requirements apply: • Maintaining on -time performance within zero (0) minutes early and five (5) minutes late of scheduled times Completing scheduled trips in their entirety Operating routes in accordance with the established routes (operating according to the correct route, serving all designated stops) Paratransit Operations The following performance requirements apply: • All scheduled pick -ups must be accomplished • All pick -ups must occur within fifteen (15) minutes of the scheduled pick -up time Vehicle Cleanliness CONTRACTOR shall maintain fixed route vehicles in a clean and neat condition at all times. CONTRACTOR is responsible for the following: • Daily cleaning of the interior of the vehicles • Daily cleaning of the exterior of the vehicles • Major detailed interior and exterior cleaning every fourteen (14) days • Quarterly upholstery cleaning ADA Compliance The CONTRACTOR shall meet the ADA requirements. The CONTRACTOR is responsible for the following: • The proper use and maintenance of mobility devices (wheelchair lift) to board passengers • Properly boarding persons in wheelchairs as well as passengers who are required to stand on the wheelchair lift platform to be lifted into the bus • Properly securing wheelchair passengers in the wheelchair tie -down positions • Making the required announcements of stops on the bus Public Address (PA) system Safety Requirements The CONTRACTOR is responsible for complying with all of the following: • Reporting all passenger or vehicle accidents to COUNTY promptly within one (1) hour of occurrence and following up with required detailed written accident report within three (3) days • All provisions of the System Safety Program Plan must be complied with Page 24 of 30 Agenda Item No. 10F September 27, 2005 Page 28 of 33 Repo_= The CONTRACTOR is responsible for complying with all of the following: Submitting required monthly reports and documentation as outlined in the RFP Section 4.3.34 within ten (10) working days of the end of the month Providing initial response to customer within three (3) working days from date of complaint receipt Completing investigation and follow -up response on customer complaints within seven (7) working days of complaint receipt All incidents and accidents must be reported to the COUNTY in accordance to the definitions, limits and timelines of the United Stated Department of Transportation (USDOT) Federal Transit Administration (FTA), the Florida DOT, and the Florida Commission for the Transportation Disadvantaged Submitting required monthly reports and documentation as outlined in Section 4.3.34 within ten (10) working days of the end of the month Providing initial response to customer within three (3) working days from date of complaint receipt Completing investigation and follow -up response on customer complaints within seven (7) working days of complaint receipt LIQUIDATED DAMAGES For performance not delivered in accordance with this contract, the COUNTY shall incur additional expense, loss of confidence by system users, and negative or adverse bad publicity for the program and other damages to the COUNTY and the program. System performance outside of performance norms causes passengers to file complaints and make multiple calls to ensure that trips are properly booked and delivered. The actual damages caused by such a breech uncertain or difficult to accurately estimate or prove. For this reason, Liquidated Damages may be assessed against the CONTRACTOR for the below specified violations: Liquidated Damages for Operating Requirements For each instance in which the CONTRACTOR fails to comply with operating requirements of this CONTRACT, liquidated damages may be assessed at the rate of fifty dollars ($50.00) per incident. COUNTY may waive liquidated damages for missed trips or late trips when circumstances exist that are beyond the CONTRACTOR'S control, such as passenger or driver illness, significant traffic delays, weather conditions or accidents not involving CAT, non - preventable accidents involving CAT, road closures and repairs causing delays or rerouting, parades or special events. Failure to pick up a scheduled paratransit trip will be assessed thirty dollars ($30.00) per occurrence. Failure to pick up a scheduled paratransit trip within fifteen (15) minutes of its scheduled pick -up time will be assessed ten dollars ($10.00) per occurrence. Liquidated Damages for Vehicle Cleanliness For each instance in which the CONTRACTOR fails to comply with the vehicle cleanliness specifications of this CONTRACT, liquidated damages may be assessed at the rate of fifty dollars ($50.00) per incident. Page 25 of 30 Agenda Item No. 1 O September 27, 2005 Page 29 of 33 Liquidated Damages for ADA Compliance For each instance in which the CONTRACTOR fails to comply with the ADA requirements of this CONTRACT, liquidated damages may be assessed at the rate of fifty dollars ($50.00) per incident. Liquidated Damages for Safety Requirements Liquidated damages may be assessed at the rate of two hundred dollars ($200.00) per occurrence for failure to report an accident involving a COUNTY owned vehicle or bus. All accidents, whether preventable or non - preventable, involving a COUNTY vehicle or bus, must be reported to the COUNTY designee, immediately followed by a detailed written accident report within three (3) days. Reporting all passenger or vehicle accidents /incidents as listed under `Safety Requirements" (page 29) to COUNTY promptly within one (1) hour of occurrence and following up with required detailed written accident/incident report within three (3) days. Liquidated Damages for Reporting Requirements Liquidated damages in the amount of fifty dollars ($50.00) per day of delay in submitting completed required reports and documentation from the required deadline. COUNTY may not assess this damage if, in the COUNTY'S sole judgment, they are the result of events which are outside the control of the CONTRACTOR. Liquidated Damages for Customer Service Liquidated damages may be assessed at the rate of fifty dollars ($50.00) per occurrence for any complaint recorded with Customer Service in which: • the customer's comments have not resulted in an initial verbal and/or written response to complaint within three (3) working days from complaint receipt a completed investigation and follow -up response (telephone or written) has not been provided to the customer within seven (7) working days of the date from complaint receipt. Prior to assessment of liquidated damages, COUNTY will inform CONTRACTOR of the assessment and receive any explanation from the CONTRACTOR. CONTRACTOR shall be required to provide a written and /or verbal explanation for COUNTY. Upon receiving the explanation, COUNTY shall determine whether or not to assess liquidated damages. Liquidated damages shall be deducted from subsequent payment(s) due CONTRACTOR. Liquidated damages are neither a penalty nor forfeiture; they shall compensate the COUNTY solely for the disruption of service caused by the breech of system standards. TURNOVER PROCEDURE Upon termination of this AGREEMENT, CONTRACTOR shall return all COUNTY -owned vehicles and equipment to COUNTY ready for use, with no deferred maintenance or damage. Page 26 of 30 Agenda Item No. 1 O September 27, 2005 Page 30 of 33 ATTACHMENT 3 79,626 81,812 COST PROPOSAL 30,472 31,226 All amounts subject to revision by County. 93,781 162,608 ESTIMATED COST BREAKDOWN 200,349 543,451 McDonald Transit Associates 6,275 6,275 Based on 42,926 Fixed route revenue hours plus paratransit service 16,064 16,265 FY 2005- FY 2006- FY 2007- 46,880 06 07 08 TOTALS LABOR 93,282 97,521 102,018 292,822 General Mana er 277,191 284,128 291,166 852,485 Support Staff 657,016 673,319 692,662 2,022,997 Operators ff 357,098 372,238 386,056 1,115,391 Paratransit Support Sta FRINGE BENEFITS FICA Pension Plans Hospital, Medical and Dental Life Insurance Unemployment Insurance Sick Leave Holiday Other Paid Absence Other (including workers comp) SERVICES Management Service Fee Advertising Fees Professional and Technical Services Safety Incentive Customer Service Incentive Other MATERIALS AND SUPPLIES CONSUMED Fuel and Lubricants Tires and Tubes Other Materials and Supplies CASUALTY AND LIABILITY COSTS Premiums for Ph sical Dama a Insurance Premium for Public Liability and General Liability Insurance Other Insurance Premiums 77,704 79,626 81,812 239,143 30,472 31,226 32,083 93,781 162,608 180,494 200,349 543,451 6,275 6,275 6,275 18,824 16,064 16,265 16,494 48,822 46,880 48,040 49,359 144,279 31,254 32,027 32,906 96,186 0 0 0 0 131,440 134,466 137,963 403,870 89,381 11,925 12,640 I 35,815 77,214 20,000 0 8.499 61,818 0 M12,7531 0 3,400 10,100 0 0 12,419 38,270 11,250 11,925 12,640 I 35,815 0 0 0 0 8.499 8,682 8,870 26,051 31,878 31,878 31,878 95,634 0 158,600 164,844 171,336 494,780 7.400 7,622 7,851 22,873 Page 27 of 30 Agenda Item No. 10F September 27, 2005 Page 31 of 33 FY 2005- FY 2006- FY 2007- 06 07 08 TOTALS TAXES Federal Income Tax 0 0 0 0 Other Taxes 0 0 0 0 PURCHASED TRANSPORTATION SERVICES Contracted Transportation Services Other 2,302,708 0 2,426,108 0 2,575,323 0 7,304,140 0 MISCELLANEOUS EXPENSES Dues and Subscriptions Travel and Mileage Training Computers and Related Equipment Radios and Related Equipment Office Equipment Rental Office Furniture Office Supplies Other Postage Other 1,061 2,122 0 0 0 0 0 4,800 1,200 14,000 1,093 2,186 0 0 0 0 0 4,656 1,236 14,000 1,126 2,251 0 0 0 0 D 4 ,516 1,273 14,000 3,279 6,559 0 0 0 0 0 13,972 3,709 42,000 SUBTOTALS 4,556,002 4,758,864 4,993,400 14,308,265 PROFIT Calculated at 2.5% of subtotal fixed route Calculated at 2.5% of subtotal (paratransit) 47,405 66,495 49,013 69,959 50,801 74,034 0 147,218 210,488 TOTALS 4 669 902 4 877 836 5 118 17 35 14 665 972 Page 28 of 30 Agenda Item No. 1 O September 27, 2005 Page 32 of 33 COSTING RATES F1 1a. r+,... Page 29 of 30 FY 2005 -06 FY 2006 -07 FY 2007 -08 TOTALS Monthly Administrative Fee Annual Administrative Fee 15,222 182,663 15,819 189,829 16,462 197,544 Administrative Fee - Minimum 357,098 372,238 386,056 Administrative Fee Per Paratransit Trip $2.94 $3.06 $3.18 Fixed Route Cost Per Hour Rate Annual Fixed Route evenue Hours .., .. $41.02 $42.39 $43.92 Paratransit Cost Per Trip Ambulatory $15.00 $15.00 $15.00 --- Wheelchair $27.50 $27.50 $27.50 - -- Stretcher $28.50+ $1.50 /mile $28.50+ $1.50 /mile $28.50+ $1.50 /mile - -- Out of Area Base+ $1.50 /mile Base+ $1.50 /mile Base+ $1.50 /mile --- Annual Administrative Cost $ 539,760 $ 562,067 $ 583,600 $1,685,427 Annual Fixed Route Cost $1,760,938 $1,819,702 $1,885,276 $5,465,917 Annual Paratransit Cost $2,369,203 $2,496,066 $2,649,358 $7,514,628 Total Costs $4,669,902 $4,877,836 $5,118,235 14,665,972 This estimated cost proposal is based on the data in the RFP. It does not constitute a fixed _!__ 1-!J F1 1a. r+,... Page 29 of 30 ATTACHMENT 4 RISK MANAGEMENT Contractor procures and is reimbursed for: Commercial General Liability Business Auto Liability Umbrella Liability Workers Compensation All Risk Fire and Extended Coverage Vehicle /Automobile Physical Damage Fidelity Bonds Employment Practice Liability Agenda Item No. 10F September 27, 2005 Page 33 of 33 $5,000,000 $5,000,000 $20,000,000 in excess of $5,000,000 Statutory Limits Current Value $10,000,000 $50,000 $1,000,000 each occurrence Contractor inspects each subcontractor vehicle and documents conditions, insurance coverage, and latest inspection Subcontractor procures and is compensated through the trip rate for: Automobile Liability County procures and charges to the transit fund: $1,000,000 Garage keepers Liability Coverage $1,000,000 Page 30 of 30 Agenda Item No. 12A September 27, 2005 Page 1 of 5 EXECUTIVE SUMMARY Adopt a Resolution to Initiate Negotiation Proceedings With the South Florida Water Management District and the State of Florida Division of Lands Pursuant to Florida Statutes, Chapter 164. OBJECTIVE: To resolve the issues in the inverse condemnation lawsuit of Bernard J. and Helen R Nobel and Vincent D Doerr vs. Collier County, in Case No. 05- 0064 -CA; and to attempt resolution of the issue of the conveyance of acceptable land to the County under an interlocal agreement between Collier County, The South Florida Water Management District (District), and the State of Florida Division of Lands. Both issues pertain to the Agreement. (A copy of the agreement is attached hereto as Exhibit "A ".) After the County vacated certain roadways in the Southern Golden Gates Estates area, two property owners filed suit against the County, claiming a loss of their acceptable access. Collier County joined The District, and the State of Florida Division of Lands in the suit through a third -party complaint after those parties failed to resolve the matter. All parties in the litigation have agreed. to abate the case and attempt to negotiate a resolution of the issues pertaining to the lawsuit. This process is generally required when governmental entities are involved in litigation as adverse parties. In order to begin the process, the Board of County Commissioners needs to adopt a resolution. (See explanation of the procedure in a memorandum attached hereto as Exhibit "B ".) CONSIDERATIONS: On September 23, 2003, Agenda Items 8.I. and 10.K., the Board approved the aforementioned Agreement, (Exhibit "A "), whereby the Board agreed to vacate and release its interest in and to portions of certain roadways in Southern Golden Gate Estates, Jane's Scenic Drive, and Miller Boulevard Extension for the furtherance of the Everglades Restoration Project. In return, the District agreed to convey to the Board, no later than October 1, 2005, 640, more or less, unimproved, contiguous acres acceptable to the Board and suitable for various recreational purposes. The District had previously acquired 625.28 acres (Property) west of Immokalee and north of Lake Trafford and will be using approximately 384 acres for disposal and treatment of dredged material for its' Lake Trafford Restoration Project. The remaining 241.28 acres is being left in its natural state. The District proposed conveying the Property to the Board in fulfillment of its' obligation under the Agreement. On June 14, 2005, Agenda Item 10.G., the Board was advised of the availability of 625.28 acres and gave direction to the County Manager to cooperate with the District towards development of a formal agreement for the possible future acquisition of the Property. Subsequent to the June 14, 2005 meeting, the District provided a copy of an Evaluation of Dredged Material (EDM) from the Lake. The EDM showed that arsenic and selenium concentrations in some of the samples from the Lake exceed soil cleanup target levels established by the Florida Department of Environmental Protection. In addition, the dredging project will leave most of the 384 acres treeless making it not an attractive Off - Highway Vehicle r^ (OHV) scramble site. While we have not yet had an environmental assessment performed on the Property, Environmental Services has cautioned that the 241.28 undeveloped acres may harbor Agenda Item No. 12A September 27, 2005 Page 2 of 5 gopher tortoises and scrub jays and be located within the primary panther habitat zone for the MERIT Panther plan. As such, the property might not be permitted as an OHV site. There could be noise issues as well with residence in close proximity to the Property. Staff will attempt to during the negotiation process to resolve the issues of the Property to be conveyed to the County. Additionally, the attached resolution provides that by entering into negotiations, the County does not waive any rights it has under the Agreement, especially since acceptable property was to be donated to the County by October 1, 2005. The remainder of the Agreement will remain in full force and affect. FISCAL IMPACT: None by the adoption of the resolution. However, there will be costs associated with the negotiations, such as if a mediator becomes necessary. It is not expected that outside costs would exceed $5,000.00 for the negotiation process. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Collier County Board of County Commissioners approve and authorize Chairman Coyle to execute the attached resolution. PREPARED BY: Jacqueline Williams Hubbard, Assistant County Attorney 03.0197/1130 I* Agenda Item No. 12A September 27, 2005 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 12A Item Summary: Adopt a Resolution to Initiate Negotiation Proceedings With the South Florida Water Management District and the State of Florida Division of Lands Pursuant to Florida Statutes, Chapter 164. Meeting Date: 9/27/2005 9:00:00 AM Approved By Y Y Count Attorney Date David C. Weigel County Attorney County Attorney Office 911512005 10:55 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 91`1512005 12:16 PM Approved By Charles E. Carrington, Jr., Real Estate Services Manager Date SRIWA Office of Management & Budget 9/2012005 4:50 PM Administrative Services Facilities Management 9115/2005 1:51 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/16/2005 9:06 AM Commissioners Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 911912005 11:56 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/2012005 4:50 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9120/2005 9:20 PM Commissioners Agenda Item No. 12A September 27, 2005 Page 4 of 5 RESOLUTION NO. A RESOLUTION INITIATING FLORIDA STATUTES, CHAPTER 164 CONFLICT NEGOTIATION PROCEEDINGS WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA WHEREAS, it is the intention of Collier County to initiate the conflict resolution proceedings provided by Chapter 164, F.S., and WHEREAS, Bernard J. and Helen R. Nobel and Vincent D. Doerr, property owners, have filed suit against Collier County in Bernard J. and Helen R. Nobel and Vincent D Doerr v Collier County and Collier County v South Florida Water Management District and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in Case No. 05- 0064 -CA for inverse condemnation resulting from actions taken by Collier County in conjunction with an agreement with the South Florida Water Management District, (SFWMD) and The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, (TRUST), and WHEREAS, on September 24, 2003, Pamela MacKie appeared before the Collier County Board of County Commissioners on behalf of the SFWMD and requested among other things, the vacation of certain streets in Southern Golden Gate Estates area; and WHEREAS, as a result of the aforementioned requests, Collier County agreed to enter in an interlocal agreement with SFWMD and the TRUST, to vacate certain roadways; and WHEREAS, after said vacation, the above- referenced lawsuit was filed against the County and in response, the County filed a third -party complaint against the SFWMD and the TRUST; and WHEREAS, after the filing of the suit, both the SFWMD and the TRUST requested the institution of Chapter 164, F.S. intergovernmental negotiations; and WHEREAS, all parties to Case No. 05- 0064 -CA, including the Plaintiffs, agreed to these proceedings, and WHEREAS, under the aforementioned agreement, the SFWMD was to convey 640 suitable aces of land to the County on or before October 1, 2005, which land was to be suitable for recreational uses, and acceptable to the County; and WHEREAS, the land designated by the SFWMD is currently unavailable and expected to present both unacceptable levels of arsenic and selenium when made available to the County for Agenda Item No. 12A September 27. 2005 Page 5 of 5 future use and certain endangered/protected species concerns that will render the property unacceptable; and NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, to initiate, pursuant to F.S., Chapter 164, proceedings to resolve the following: 1. conflicts pertaining to the County's claims and the inverse condemnation claims of the Plaintiff's in Case No. 05- 0064 -CA; and 2. the conveyance of 640 suitable acres to the County pursuant to the aforementioned Agreement between the County, the SFWMD and the TRUST. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jacqueline Williams Hubbard Assistant County Attorney Agenda Item No. 14G1 September 27, 2005 Page 1 of 20 EXECUTIVE SUMMARY Consideration of a request for LDC deviations for SoNa - SDP #7905, a redevelopment project within the Bayshore Gateway Triangle CRA OBJECTIVE: To receive approval for LDC deviations (landscaping, parking and stormwater) for the SoNa SDP #7905 a redevelopment project of the old Thalheimer building on US41 (Tamiami Trail East). CONSIDERATIONS: The Collier County Land Development Code (LDC) was written with the objective of managing the development of vacant or not previously developed land. In the case of redevelopment of sites that predate the current LDC, the Code may not be able to be fully applied because of a variety of factors that were not caused by the current landowner or developer. Within the Community Redevelopment Agency (CRA) there are many properties that are non - conforming by current LDC standards where they do not meet Collier LDC requirements or can not meet Code if redeveloped; such as irregular parcel layout, irregular lot shape with less than below allowable square footage from `takings', insufficient highway frontage, inadequate land to accommodate building square footage parking requirements, faulty parcel layout that doesn't allow newly required stormwater retention areas and /or landscaping on the site. When the physical limitations of a redevelopment site will not allow the application of `The .^ Code', the Code becomes a barrier to the economic development of a `declared blighted area.' The CRA's responsibility is to encourage redevelopment through incentives, TIF reinvestment, and other governmental actions that facilitates economic activity or creates and economic stimulus that encourages the private sector to invest and develop. Those governmental actions may even include writing a separate Code (an overlay) that reduces development requirements, streamlines the permitting process and provides developmental incentives to achieve the desired economic activity and benefit. The `option' of doing nothing does not serve the objectives of the CRA or the goal of removing blight. The SoNa or Thalheimer project is a perfect example. To NOT grant deviations will guarantee that this site will not be redeveloped without a complete demolition and rebuild, and very well may mean that the site remains `as is' for another 10 years. That action will send a sure message to prospective private investors to stay away from the CRA area. FISCAL IMPACT: If this project is not completed, the CRA Trust Fund will not receive increased TIF from the improvement of this property that would be reinvested in the CRA area to improve infrastructure and eliminate blight. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore /Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. Agenda Item No. 14G1 September 27, 2005 Page 2 of 20 RECOMMENDATION: BCC consider requested landscaping, parking and stormwater LDC deviations for the SoNa SDP #7905 project and approve same. Prepared by: David Jackson, Executive Director Bayshore Gateway Triangle CRA Attachments: (1) Parking Proposal, (2) Landscaping Deviation/Waiver, (3) Water Management Deviation/Waiver and Draft `SoNa Site Development Plan Developer Contribution Agreement' Agenda Item No. 14G1 September 27, 2005 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 14G1 Item Summary: This item to be heard at 3:30 p.m. Consideration of a request for ADC deviations for SoNa SDP #7905, a redevelopment project within the Bayshore Gateway Triangle CRA. Meeting Date: 912712005 9:00:00 AM Prepared By David Jackson Executive Director Date Community Redevelopment 911612005 3:16:02 PM Bays ho re-Gateway Redevelopment Agency Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 9116/2005 3:26 PM Environmental Services Environmental Services Admin. Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/2012005 6:32 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/2112005 10:00 AM Commissioners Agenda Item No. 14G1 September 27, 2005 Page 4 of 20 9.15.05 To: Board of County Commissioners From: Clark Russell Re: Sona - SDP #7905 Landscaping Waiver Dear Commissioners, We are redeveloping the former Thalheimer's building in the mini - triangle section of the redevelopment area. The site exists prior to the creation of current site development standards, is irregular is shape, and has been the subject of past takings due to the widening of U.S. 41. We have taken great care not just to incorporate landscaping into our design per code requirements, but to do so in a manner that will combine with our architecture to create meaningful space which creates a truly enjoyable experience for our patrons, the passerby, and the neighborhood as a whole. Indeed, there will even be a canopy tree inserted into the second floor open area which will appear to "grow out of the building'. Our goal remains to take a advanced approach to landscaping and design so that the building and landscaping will work together to create the experience, rather than the old, obsolete style of merely dropping a building in the middle of a parking lot and surrounding it by grass and trees. We believe our new approach is much more in keeping with the community's vision for the future. That being said, while all subject areas of the site are being increased in both quantity and quality of landscaped area, the existing non - conforming site cannot meet all sections of the LDC without having conflicts and therefore we are seeking waivers from the following sections of the LDC: 1. LDC 4.06.03B. I and 2. Provide interior vehicular use area landscaping For this project, 4,792 s.f. of Interior Vehicular use Area landscaping would normally be required. Due to the parking and transportation requirements for this project, 2,711 s.f. of landscaping has been provided. However, this is a marked improvement from the existing condition in both quantity and quality. 2. LDC 4.06.05.G. Provide perimeter landscape buffers. Given the existing non - conforming structure's setback and due to a taking from the widening of U.S. 41 several years ago, the front yard requirement of 15 feet cannot be completely met. However, the front parking has been reduced by half so as to provide a driveway instead of a deceleration lane normally required, and the front yard has been markedly greened and improved. The side and rear yard landscaping is being increased from approx. 3 ft. to 6 ft., but falls short of the required 10 ft. due to turning radius, parking requirements, and the existing non- conforming structure's setbacks and the fact that an additional stairwell must be added to the side of the building for fire- safety existing condition. Agenda Item No. 14G1 September 27, 2005 Page 5 of 20 However, the quantity and quality is markedly improved over the 3. LDC 4.06.03.BA. Provide terminal landscape islands. Given the requirements of parking, turning radius, and stormwater, no island can be provided. 4. LDC 4.06.05.C. 1. Provide 75% native trees /palms 2. Palms are required to have 10' of clear trunk Given the reduced space available, the 75% requirement cannot be met. However, all existing exotics have been removed and the percentage of native trees has been dramatically increased in both quantity and quality. The 10' of clear trunk requirement at the time of planting cannot be met due to the small size of palms selected that are available in the market place. Rootballs are smaller on these and will mature more appropriately in the space. Agenda Item No. 14G1 September 27, 2005 Page 6 of 20 9.15.05 To: Board of County Commissioners From: Clark Russell Re: Sona - SDP #7905 Parking proposal Dear Commissioners, With regards to the above petition, we are currently renovating the former Thalheimer's building. The site is an existing non - conforming which was built before site development standards, is irregular in shape, and lost some parking due to a taking during the widening of U.S. 41 several years ago. We propose to use some of the structure as an upscale lounge in hopes of revitalizing the area. The lounge will only be open from 5 p.m. until 2 a.m. each day. The existing structure is an approx. 9,300 square foot building with the Eastern half containing a completed two stories and the Western half containing a wrap around mezzanine. The proposal is to use only 3,300 s.f. of the Western half of the structure with a restructured mezzanine for lounge /assembly space, with an additional 750 s.f. of the Eastern half of the second floor used for outdoor seating. The rest of the structure will be back of house, storage, or unused. The current code would require 76 regular parking spaces for this, with an additional 3 handicap spaces. Due to storm water, parking space size requirements, landscaping requirements, the unusual shape of the parcel and the existing non - conforming placement of the structure, we can only provide 61 regular parking spaces, plus the 3 required handicap spaces. Enclosed in our SDP application however, please find a letter from Marino Parking System's president Tony Marino, stating that he could easily accommodate 80 plus cars on the designed site using valet parking. This easily accommodates the number of patrons for the lounge's business model and is acceptable to the owners. The valet station would be located on the North side of the building by the access leading to Commercial Drive. All cars will be parked on the North side of the property. All pedestrians will flow South of that area into and out of the lounge. Both employee and patron vehicles will be valet parked. We therefore propose to be granted a waiver from the current parking standards for 19 parking spaces by use of the proposed valet parking arrangement. Agenda Item No. 14G1 September 27, 2005 Page 7 of 20 9/15/05 To: Board of County Commissioners From: Clark Russell Re: Sona - SDP #7905 Water Management Waiver Dear Commissioners: This project is part of the Mini - Triangle Redevelopment Area. Currently, the Mini - Triangle is not part of the centralized water management system proposed for the Gateway Triangle project. A centralized water management system for this area is not expected to be designed, permitted or built for several years. Standard Land Development Code (LDC) design criteria would require that approximately 20% of the site be set aside for storm water management uses. This is contrary to the redevelopment goals and would hold up redevelopment in this area for several years. South Florida Water Management District has delegated all permitting authority to Collier County for projects that are under 40 acres, less than 2 acres impervious area and have no jurisdictional wetlands. This site meets all this criteria and, therefore, Collier County has sole storm water management permitting discretion over the site. In order to proceed with the site construction the developer is willing to enter into a Developer's Contribution Agreement, wherein he will agree to pay his pro -rated fair share costs associated with the design, permitting and construction of the centralized water management system for the Mini - Triangle when it is complete. By doing this, the Developer understands that he is encumbering the property to pay for this future water management system, and the County is getting financial assistance and assurances that these funds will be available when the construction for this begins. By utilizing private funds for this, the CRA and County can apply for matching grant funds and can use Tax Incremental Funding money for this construction. This is similar to what has been done in the City of Naples as part of the 5th Avenue Redevelopment. The proposed water management plan will not significantly impact the area in a negative way and will provide a catalyst for redevelopment. Attached to this memo please find a draft Developer's Contribution Agreement addressing the Developer's commitment to the Mini - Triangle centralized water management system. Agenda Item No. 14G1 September 27, 2005 Page 8 of 20 Draft #1 9/12/05 SoNa SITE DEVELOPMENT PLAN DEVELOPER CONTRIBUTION AGREEMENT A.R. No.2005- 7905 THIS CONTRIBUTION AGREEMENT is made and entered into this day of , 2005, by and between 2059 East Trail, LLC, a Florida Limited Liability company, organized and authorized to conduct business in the State of Florida, hereinafter referred to herein as "Developer," whose address is 1000 Admiralty Parade Naples Florida 34102 by and through Bryant M. Yunker Jr, its Manager, who has been duly authorized to execute this Contribution Agreement for Storm Water Management Off -Site Improvements and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." RECITALS: WHEREAS, Developer is desirous of entering into a contribution agreement with the County which grants a waiver of storm water management portions of the Land Development Code for approval of the Site Development Plan and processing of plans and Certificate of Occupancy associated with the referenced project in exchange for placing monies in escrow for prepayment towards a Gateway Mini - Triangle Drainage Improvements in off -site facilities; and whereas Developer has either Iegal control over, or is the record title owner of certain lands described in Exhibit "A" (herein referred to as "the Development ") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of water management requirements; and WHEREAS, the parties acknowledge the valuation of the eligible anticipated construction of the County's off -site storm water management system is as yet undetermined. When a design is complete, a Professional Engineer's Estimate and Probable Cost of Construction will be generated and agreed to by both parties; and WHEREAS, the Mini - Triangle is a blighted area in need of redevelopment as noted by establishment of the Bayshore Gateway Triangle Community Redevelopment Agency (CRA); and WHEREAS, each individual tract in the Mini- Triangle area previously had a shared storm water management system that has since been eliminated; and WHEREAS, each of the individual tracts would be required to provide approximately 20% of their site for typical storm water management under normal circumstances, which is contrary to the proposed redevelopment; and WHEREAS, a centralized water management system is to be proposed in the future but is not to be designed or permitted until 2007; and Agenda Item No. 14G1 September 27, 2005 Page 9 of 20 WHEREAS, this causes a de facto moratorium on construction in the Mini - Triangle area, contrary to the CRA's goals and objective; and WHEREAS, the proposed incremental storm water solution for this site would be to have each of the development tracts accommodate as much on -site water management as possible and provide the appropriate drainage connections for future interconnection to a centralized water management system. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: All of the above recitals are true and correct and shall be fully incorporated herein and form a substantial part of the basis for this agreement. 1. In exchange for placing monies in escrow or providing an irrevocable Letter of Credit to accommodate the centralized Mini - Triangle water management improvements identified and contemplated in this Developers Contribution Agreement, Developer shall be entitled to proceed with site development plan review approval, construction and Certificate of Occupancy that is more particularly described herein. 2. The amount of the escrowed funds for storm water management system improvements covered under this agreement will be based on the percentage of the acreage that this site will contribute to the overall storm water management system. 3. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 4. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "B" attached hereto and incorporated herein by reference. 5. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 6. In the event of a dispute under this Agreement, the parties shall first use the County's Alternative Dispute Resolution Procedure as described in Exhibit "C ". Agenda Item No. 14G1 September 27, 2005 Page 10 of 20 7. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 8. An annual review and audit of performance under this Contribution Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report the credit applied toward payment of fees for the design, permit and construction of centralized Mini - Triangle water management system and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or unilaterally modified by the County. 9. Developer has provided, in Exhibit "D ", an attorney's opinion setting forth the legal authority and present validity of any business entity utilized by the developer in the execution of this agreement, including an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. 10. Any future reimbursement for excess contributions shall come from future receipts by the County of escrowed drainage accounts for other parcels. However, no reimbursement shall be paid until such time as all development, as defined by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the development. 11. The parties agree that any contribution of construction shall reach final completion by January 1, 2008. Agenda Item No. 14G1 September 27, 2005 Page 11 of 20 SPECIAL CONDITIONS LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit "A" - - Legal Description and graphic rendering of the Development Exhibit "B" - - A copy of the Risk Management Guidelines applicable to this Agreement Exhibit "C" - - Collier County's Alternative Dispute Resolution Procedure Exhibit "D" - - An Attorney's Opinion of Title and authority to construct, Identifying any liens and/or encumbrances. Agenda Item No. 14G1 September 27, 2005 Page 12 of 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: Attest: DWIGHT E. BROCK, Clerk By: Deputy Clerk WITNESSES: Bryant M. Yunker, Jr. Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, , Chairman 2059 EAST TRAIL, LLC, a Florida limited liability company Its: Manager The foregoing instrument was acknowledged before me this day of 2005, by Bryant M. Yunker, Jr., as Manager of 2059 East Trail, LLC, a Florida limited liability company, on behalf of the company. He is [ ] personally known to me, or [ ] has produced driver's license no. as identification. NOTARY PUBLIC (SEAL) Name: (Type or Print) Approved as to form and legal sufficiency: My Commission Expires: Jacqueline Hubbard Robinson Assistant County Attorney h:\20050000120055272 sona1091205 draft soya ppl dea.doc Agenda Item No. 14G1 September 27, 2005 Page 13 of 20 Collier County MEMORANDUM TO: JOE SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 27, 2005 SUBJECT: WAIVER REQUEST FOR SDP - 2005 -AR -7905 Staff has reviewed the Site Development Plan (SDP- 2005 -AR -7905) application that was submitted-to the Department of Zoning and Land Development Review, and has provided a letter _. to the applicant, dated August 25, 2005. This letter contains comments that outline the Sections of the Land Development Code that the subject petition is not consistent with. The applicant is requesting the below listed waivers, because of the project site's unique location, the existing conditions, the type of project, and the minimum requirements of the LDC, which cannot be met in regards to Parking, Landscaping, and Water Management. The LDC contains provisions for and Administrative Parking Variance request, but does not offer alternative a process for Landscape and Water Management variances. LDC LANDSCAPE REQUIREMENTS WAIVER REOUEST: Staff has reviewed the Landscape Waiver Request letter and is of the opinion that the proposed Landscape plans would enhance the existing site conditions, but do not meet the minimum requirements of the LDC. Staff is also offering clarifications to the proposed type and quantity of plant material, and amount of landscape area. LDC AND SFWMD WATER MANAGEMENT WAIVER REOUEST: Staff has reviewed the Water Management Waiver Request letter and notes that approval of the waivers would set a precedent for the rest of the County, and is a violation of the agreement between the County and the South Florida Water Management District, which delegates the County the authority to permit this type of project on their behalf. Page 1 of 8 LANDSCAPE REVIEW STAFF COMMENTS: Agenda Item No. 14G1 September 27, 2005 Page 14 of 20 The site in its existing condition provides more than the required quantity of landscape area in the form of undeveloped space. However, the proposed use of this site requires a quantity of parking area that reduces the amount of space available for the otherwise minimum code required landscaping. Therefore, not all subject areas of the redeveloped site are increasing the quantity of landscape area. Because of this lack of space, the proposed landscape plan can only accommodate the equivalent of 17 of the 55 required trees. The current redevelopment proposal, while it does not meet minimum code, has special design features that might be considered in lieu of the minimum code requirements. Landscape Waiver request 1. LDC Section 4.06.03B.1 and 2: Provide interior vehicular use area landscaping. Applicant's Justification: For this project, 4,792 s.f. of Interior Vehicular use Area landscaping would normally be required. Due to the parking and transportation requirements for this project, 2,711 s.f. of landscaping has been provided. However, this is a marked improvement from the existing condition in both quantity and quality. Staff Comment: For clarification, while there is an increase in the quantity of the plant material on the proposed plan as compared to the existing site, there is not an increase in the quantity of landscape area provided. Landscape Waiver request 2. LDC Section 4.06.05.G.: Provide perimeter landscape buffers. Applicant's Justification: Given the existing non - conforming structure's setback and due to a taking from the widening of U.S. 41 several years ago, the front yard requirement of 15 feet cannot be completely met. However, the front parking has been reduced by half so as to provide a driveway instead of a deceleration lane normally required, and the front yard has been markedly greened and improved. The side and rear yard landscaping is being increased from approx. 3 ft. to 6 ft., but falls short of the required 10 ft. due to turning radius, parking requirements, and the existing non - conforming structure's setbacks and the fact that an additional stairwell must be added to the side of the building for fire- safety. However, the quantity and quality is markedly improved over the existing condition. Staff Comment: For clarification, while there is an increase in the quantity of the plant material provided, there is not an increase in the quantity of landscape area provided. In addition, 21 required trees along 630 L.F. of the east and west property lines have not been provided for due to the lack of adequate space provided. Page 2 of 8 Agenda Item No. 14G1 September 27, 2005 Page 15 of 20 Landscape Waiver request 3. LDC Section 4.06.03.B.1.: Provide terminal landscape islands. Applicant's Justification: Given the requirements of parking, turning radius, and stormwater, no island can be provided. Staff Comment: Agreed. Landscape Waiver request 4. LDC Section 4.06.05.C. 1.: Provide 75% native trees /palms 2. Palms are required to have 10' of clear trunk Applicant's justification: Given the reduced space available, the 75% requirement cannot be met. However, all existing exotics have been removed and the percentage of native trees has been dramatically increased in both quantity and quality. The 10' of clear trunk requirement at the time of planting cannot be met due to the small size of palms selected that are available in the market place. Rootballs are smaller on these and will mature more appropriately in the space. Staff Comment: Staff Comment: While the 75% native required can be met, this project, because of its special design flavor, would like to meet a native threshold of 30 %. Staff supports this special design and accepts the reductions to 30% native. In addition, staff has verified that the ability to obtain palms with 10' clear trunk has been restricted due the recent hurricane events over the past year. Therefore, staff supports this request to specify 10' height palms. Page 3 of 8 ENGINEERING STAFF COMMENTS: Agenda Item No. 14G1 September 27, 2005 Page 16 of 20 The Engineering Services Director has expressed concerns about the Board granting water management exceptions for the Sona project. These exceptions would be in violation of the LDC and the Collier County Water Management Ordinance and the rules of the SFWMD. The LDC states that inlets must accept 100% of the 10 year- 1 -hour storm runoff. With a tailwater between elev. 3 and 4 and proposed inlet elves. of 3.2 and 3.5 it will not be possible to accomplish this. Pursuant to CC water management Ord. 90 -10 and SFWMD Vol. 4, the project must hold onsite the 25 year 3 day design storm by use of a perimeter berm and discharge the runoff thru a control structure. The Sona project is not doing this and is only providing for the minimum water quality required. Ordinance 90 -10 requires the parking drive aisles to be at least at the 25 year elev. The majority of this project is not even at elev. 5.5, the minimum road elev. for Collier County. Permitting this project as submitted would be against SFWMD rules putting Collier County in jeopardy of losing our right to permit projects for water management. Allowing exceptions to water management rules would set a precedent for future projects not only in the Davis-Triangle but all of Collier County. Since this is a Collier County redevelopment area, there is the chance we would be perceived as self - permitting which is a violation of our agreement with SFWMD. Therefore, the Engineering Services Director recommends that the BCC require this project to be permitted by SFWMD. Page 4 of 8 W�V.� 11 F14 ,, LI 11 r r oT a I I 1. V �Al` a r y �9 C f • - S " I�Q' JS= r � us it ns ,:, +.�., � �• -�y � � � 'h e � . �X!oR YAVwE-531 R R Y! aY z i�q i.tf�ra�i[ tt C �iv.al fw�r�aps .spy 6�i95r eNOG UOIJ OUIiYP11 JM n Agenda Item No. 14G1 September 27, 2005 ......_...., of 20 diallwiv '�►ry } �ssoc� „pea �. p -� k PROPOSED LANDSCAPE PLAN Page 6 of 8 ,it Agenda item No. 14G1 September 27, 2005 ?0 Page 7 of 8 I W t PROPOSED SITE PLAN ;a! '6h OR, Q. Agenda Item No. 14G1 September 27, 2005 Page 20 of 20 aflMhkv IVI") I HaIM03 LLJ Lai LD LLJ # e % 29 / 10 EXISTING CONDITIONS Page 8 of 8 I 31 aflMhkv IVI") I HaIM03 LLJ Lai LD LLJ # e % 29 / 10 EXISTING CONDITIONS Page 8 of 8 I Agenda Item No. 16A1 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Arthrex at Creekside OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Arthrex at Creekside has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on December 23, 2003. Final acceptance is in accordance with Ordinance 2004 -31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water - Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $12,455.71, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The cost of operating and maintaining the water facilities will be paid by monthly user fees in County Water /Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, accept the water facilities for Arthrex at Creekside, and release the UPS to the Project Engineer or the Developer's designated agent. le- PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services Agenda Item No. 16A1 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A1 Item Summary: Recommendation to approve final acceptance of water utility facilities for Arthrex at Creekside. Meeting Date: 9/2712005 9:00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 8/1812005 11:29 AM Environmental Services Approved By Paul Mattausch Water Director Date Public Utilities Water 8/2312005 7:57 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 8/2312005 3:08 PM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 8/2412005 10:59 AM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 8/25/2005 10:35 AM Environmental Services Environmental Services Admin. Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 9/2/2005 6:03 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 91712005 8:43 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/712005 2:30 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 919/2005 8:35 AM Approved By Michael Smykowski Management & Budget Director Date Agenda Item No. 16A1 September 27, 2005 Page 3 of 4 County Manager's Office Office of Management & Budget 9112/2005 12:49 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9114/2005 3:44 PM r Lo "It (0O 0 r N � zN L ^^m E a) LL C tV � -0 Q c (D a� Q 31105 Oi 10N CL cQ W - r V ) m e Y LIVINGSTON ROAD W' Q m W U < � I W go tlsarn vJn3 o � o O < i U a p m � n W D o (n � Y w Z W cz U W a U � Z O z ILUJI a a vl O U O J w .j w AVM 301SN33dO 31105 Oi 10N CL cQ W - r V ) GULF OF MEXICO WI O N r W W v )- Q K W Q O Q O J LIVINGSTON ROAD N Utl0)N < go tlsarn vJn3 o N F i ILUJI OVOLINOISONINI Ip .j i a l u J g61 �n �, f9 So) oboa 514nlnd- 3aoanro _ w uj J w ipk n b, Ond 010a ll1ilDDDJ 3aJb OnE �� ? OHbA31lIOR MNbNi o W �� \ b� 2 z�a yy z i m IN 'S'n) 11VN1 WtlIWVl i K US 411 TAMIAMI TRAIL �m io v o - Lu w I- z ¢ O o u I106'ti� 3 3AItl 1110213ONVA5� G C LJL rvn�1 sCm GULF OF MEXICO WI O N r W W v )- Q K W Q O Q O J Agenda Item No. 16A2 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Master's Reserve OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Master's Reserve has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on September 25, 2002. Final acceptance is in accordance with Ordinance 2004 -31 as amended. 3) Staff has recorded all appropriate legal documentation, which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water -Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. fi) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility - related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water /sewer facilities will be paid by monthly user fees in County Water /Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North /South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, accept the water and sewer facilities for Master's Reserve, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services Agenda Item No. 16A2 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A2 Recommendation to approve final acceptance of water and sewer utility facilities for Masters Item Summary: Reserve. Meeting Date: 9/27/2005 9:00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development $ CDES Engineering Services 8/18/2005 11:30 AM Environmental Services Approved By Stephen L. Nagy Wastewater Collections Manager Date Public Utilities WasteWater 8/1912005 2:11 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 812312005 7:56 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 8/23/2005 3:08 PM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 812412005 10:58 AM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 8/2512005 10:32 AM Environmental Services Environmental Services Admin. Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 8/3012005 4:54 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 917/2005 8:44 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/712005 2:30 PM Approved By Mark Isackson Budget Analyst Date Agenda Item No, 16A2 September 27, 2005 Page 3 of 4 County Manager's Office Office of Management & Budget 9/912005 6:41 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911212005 12:50 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/14/2005 6:09 PM d C) moo z C14 CF) v 0.d E m CD Q c lm ^ v/ d 53 Z �3 O w � oaF I b� 0 P� 0 0 r� 0 �5 e !J W � J I9 F \ a 1 I 1 3»aio nroan3rv3bs I i I —'s of ion / W V W W N W cn C W F N. E Z O U O zag �Y • �S _ n N Its n ] � ,S .m. 6� ♦— Z � p -<. .Wee ICI lSfi — "bo Q (� ONbn3lnOB N31l10� \ yz s� m � „I sa and z V �x itss'a'SI J<Pe � Obbn3lnOB b311100 �° **t � ix3 abrn3lnoe £" � o� mN �< I � m g o� �a3oN aeon crave ur+noo �NyN % $ w3 �woa amoao wb�N � � I g� M W V W W N W cn C W F N. E Z O U O Agenda Item No. 16A3 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Classic Plantation Estates Phase One OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Classic Plantation Estates, Phase One has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on December 26, 2002. Final acceptance is in accordance with Ordinance 2004 -31 as amended. 3) Staff has recorded all appropriate legal documentation, which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water -Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility - related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water /sewer facilities will be paid by monthly user fees in County Water /Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North /South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, accept the water and sewer facilities for Classic Plantation Estates, Phase One, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A3 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A3 Item Summary: Recommendation to approve final acceptance of water and sewer utility facilities for Classic Plantation Estates Phase One. Meeting Date: 9127/2005 9:00:00 AM Approved By Stephen L. Nagy Wastewater Collections Manager Date Public Utilities WasteWater 812412005 6:27 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 8124/2005 10:57 AM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 8125/2005 10:26 AM Environmental Services Environmental Services Admin. Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 8/26/2005 11:59 AM Environmental Services Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 8126/2005 2:19 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 8/2912005 5:31 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 8130/2005 4 :54 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 9/712005 8:45 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/712045 2:31 PM Approved By Mark Isackson Budget Analyst Date Agenda Item No. 16A3 September 27, 2005 Page 3 of 4 County Manager's Office Office of Management & Budget 9/9/2005 8:46 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1212005 12:51 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9115/2005 3:37 PM / \t ƒ \\ �e Ef L $E n2 7/ \® « _ W � Cf) � Q � Z O Q u O � s a e= � � \ � 9 : \ � - � \ � � _ W � Cf) � Q � Z O Q u O � _ {/, ¥ . i \ _.m .r C){ t Ir ~ § - - - -/ - - - -- ® ^ R 1.5 E , • . _ W � Cf) � Q � Z O Q u O � Agenda Item No. 16A4 September 27, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (public) and drainage improvements for the roadway segment "Orange Blossom Drive from Airport Road to entrance of First Baptist Church / Bridgewater Bay" OBJECTIVE: To grant final approval of the infrastructure improvements known as "Orange Blossom Drive from Airport Road to entrance of First Baptist Church / Bridgewater Bay" CONSIDERATIONS: 1. On October 22, 2002, the Board of County Commissioners entered into a "Standard Form Collier County Contribution Agreement for First Baptist Church of Naples, Inc. for Roadway Impact Fee Credits ". 2. The roadway and drainage improvements will be maintained by the Transportation Road and Bridge Department. 3. The required improvements have been constructed in accordance with the Land Development Code and consistent with the Standard Form Contribution Agreement. The Transportation Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained through the County Transportation Services Operation and Maintenance Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. Agenda Item No. 16A4 September 27, 2005 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Orange Blossom Drive from Airport Road to First Baptist Church / Bridgewater Bay Entrance" and authorize the issuance of the developer's Impact Fee Credits. Authorize the Chairman to execute the attached resolution authorizing final acceptance PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda item No. 16A4 September 27, 2005 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A4 Item Summary: Recommendation to grant final approval of the roadway (public) and drainage improvements for the roadway segment Orange Blossom Drive from Airport Road to entrance of First Baptist Church /Bridgewater Bay. Meeting Date: 9/27/2005 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Engineering Services 8130/2005 8:43:37 AM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 8/3012005 8:58 AM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 8130/2005 2:06 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 9/2/2005 2:15 PM Environmental Services Environmental Services Admin. Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 9/712005 8:47 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/7/2005 2:39 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 919/2005 8:51 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1212005 12:53 PM Approved By James V. Mudd County Manager Date �.. Board of County County Manager's Office 9/1412005 6:54 PM Commissioners dLO LO N O Z N Emma. a) r - C C9 � � Q C N O � d i U 4� 3baq 3JrvVONnS � Z a O IJ o p O \ (jj / 1 � J wle N o JND1 i� I nvG N. (�c -ate) aron onnne- laoaaly C.c 'a >) a +oa Drvmna -1 aoaaw o 6 � s m C 31—W 10N a uj 1� cn CL Q 0 F- u O Q' E O CO) N O J m W z Z Q O g _ se31 r3sa3i I nmanu nnn �N _15 / §�n � � vOOM 553tl AO 'PSS PSE u 'HS IIVING510N 0.0AD /1 ri f _ ,�1� '\N OvOH NOt S'JNINI <� 0.5avn NVJIS3d e �' C�' o� _ ovoaommnd- moeulr �� °� nonlavn Groa �N lna- laoaair w w _ a- S3 dVN tl �_ - d A113 <y Wa° a Y° d Otl lL Dr 31oom OOC w o rc =�• �o +��' rise ani oarn3lno ve N—rad i � I a uj 1� cn CL Q 0 F- u O Q' E O CO) N O J m W z Z Q O Agenda Item No. 16A4 September 27, 2005 Page 5 of 5 RESOLUTION NO. 05 -_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN ORANGE BLOSSOM DRIVE FROM AIRPORT ROAD TO FIRST BAPTIST CHURCH / BRIDGEWATER BAY ENTRANCES, ISSUE THE APPROPRIATE IMPACT FEE CREDITS, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 22, 2002 entered into a "Standard Form Collier County Contribution Agreement for First Baptist Church of Naples, Inc. for Road Impact Fee Credits ", hereinafter "Agreement" recorded at O.R. Book 3142, Pages 2295 through 2320; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements contemplated in the Agreement in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Transportation Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Orange Blossom Drive from Airport Road to First Baptist Church / Bridgewater Bay entrances and authorize the issuance of Impact Fee Credits. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements. This Resolution adopted after motion, second and majority vote favoring same, this day of 12005. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney FRED W. COYLE, CHAIRMAN "I Agenda Item No. 16A5 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "3500 Corporate Plaza ", 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 "3500 Corporate Plaza ", a subdivision of lands located in Section 18, Township 49 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 "3500 Corporate Plaza ". 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 "3500 Corporate Plaza" be approved for recording. FISCAL IMPACT: The project cost is $563,034.66 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $149,597.33 b) Drainage, Paving, Grading - $413,437.33 The Security amount, equal to 110% of the project cost, is $619,338.13 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: $18,061.02 Agenda Item No. 16A5 September 27, 2005 Fees are based on a construction estimate of $563,034.66 and were paid9fe 2 of 4 December, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) - $1,170.00 b) Construction Drawing Review Fee Water & Sewer (75% const. est.) -$1,121.98 C) Drainage, Paving, Grading (.75% const. est.) -$3,100.78 tl) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$3,365.93 e) Drainage, Paving, Grad ing(2.25 %const.est.) -$9,302.33 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 "3500 Corporate Plaza" for recording with the following stipulations: 1. Approve the amount of $619,338.13 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. '- PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A5 September 27, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A5 Item Summary: Recommendation to approve for recording the final plat of 3500 Corporate Plaza, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9/27/2005 9.00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Engineering Services 8130/2005 9:36:45 AM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 8/3012005 10:20 AM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 8/30/2005 2:07 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 912/2005 2:23 PM Environmental Services Environmental Services Admin. Approved By Community Development& Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 91712005 8:49 AM ' Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9!712005 2:40 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/9/2005 8:59 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/12/2005 12:55 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911512005 3:53 PM Commissioners LO LOd° Q o — CDC) o r N Z N Q: E a)d cu m� = C m CD- a) N Uj Q1 Q 3) w of pox �T7 -- L AM NM g a Z € w ° � �Q W U am �a O S i g � aox Ul g r z av a c TWAWDO*M c = 7 > MW KUW3 rat � Ve 4� � � � ppgg 38 gg 3�+ Q g U U GW v� vim ww" < Q �3 S �S M8j J a- azvu�aw ggQ a.•3t.vAmaa QQ 3) w of pox �T7 -- L 1T W Q 0 U. O v aRe a�� aox Ul g r z av a c c > awn3trveNwoi rat � Ve 4� � � � ppgg 38 gg 3�+ Q g U U GW v� vim ww" < Q �3 S �S M8j J a- azvu�aw ggQ a.•3t.vAmaa QQ �H tR ^ i x3n �5 avwwrmt1kD-"v uz —7fl 1::: CJL "i) arw CVM X .... . 1T W Q 0 U. O v Agenda Item No. 16A6 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Professional Village at Northbrooke ", 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 "Professional Village at Northbrooke ", a subdivision of lands located in Section 19, Township 48 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 "Professional Village at Northbrooke ". 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 "Professional Village at Northbrooke" be approved for recording. FISCAL IMPACT: The project cost is $855,424.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $206,677.33 b) Drainage, Paving, Grading - $648,746.67 The Security amount, equal to 110% of the project cost, is $940,966.40 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: $26,782.72 Agenda Item No. 16A6 September 27, 2005 Fees are based on a construction estimate of $855,424.00 and were paid9ffle 2 of 4 October, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,120.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$1,550.08 C) Drainage, Paving, Grading (.75% const. est.) -$4,865.60 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$4,650.24 e) Drainage, Paving, Grading (2.25 %const.est.) - $14,596.80 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 "Professional Village at Northbrooke" for recording with the following stipulations: 1. Approve the amount of $940,966.40 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. e--, PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A6 September 27, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ...., Item Number: 16A6 recording the final plat of Professional Village at Item Summary: Recommendation to approve for Northbrooke, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9/27/2005 9:00:00 AM Prepared By John Houldsworth Senior tngmeer —.1 Community Development & Engineering Services 8/3112005 2:26:24 PM Environmental Services Environmental Services Admin. Approved By Approved By Community Development & Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 911/2005 8:56 AM Environmental Services Environmental Services Environmental Services Admin. Approved By Approved By OMB Coordinator Sandra Lea Executive Secretary Date Community Development & Community Development & 9/2/2005 10:32 AM Environmental Services Environmental Services Admin. Approved By Approved By Constance A. Johnson Operations Analyst —.1 Community Development & Community Development & 9/2/2005 2:40 PM Environmental Services Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 9/712005 8:50 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 91712005 2:41 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 91912005 9:07 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911212005 1:01 PM Approved By James V. Mudd County Manager Date "~ Board of County County Manager's Office 911412005 7:28 PM Commissioners r.0 LO O �p O N o� Z N E Q) Q� C6 � N Q �, = s�uLB maw�lvn O N A 3L W S3>rn NOWN M ,m sum Nwaaw'N Lis. is O F x � w S �3j YMIM SV41 NUDW" IpLppLlyy� W 13WI NmMNNW TAMVL BAY BOULV Mm MW MVDM9AON z v IF z Z L 3LYLSH31M o< 31YJSOM W O E ao U O aaoKM33813 ' m BNrn3lrcg �,y� � � N:a1N3o NYAoNoo 3NM OL MN / CL F- Q Z O Q O ' = d go. mormnl � Q 6q 5 6�j �� O O d O � d > ownarceNYLaoi _1 o 0 ° a U LLUONIMN W LL) J BUO .WIINIpD � iIOO SOOBY Bmltu 9� B � 55 PIDAD Ogqu UYON NCLBBNNI iii LLJJ 8 i" 0 � � (BNR►�d'L1LDiSY § �� awN — nil� CL F- Q Z O Q O ' Agenda Item No. 16A7 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Mediterra Parcel 117 ", 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 "Mediterra Parcel 117 ", a subdivision of lands located in Section 11, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mediterra Parcel 117 ". 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 "Mediterra Parcel 117' be approved for recording. FISCAL IMPACT: The project cost is $628,862.10 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $120,547.00 b) Drainage, Paving, Grading - $508,315.10 The Security amount, equal to 110% of the project cost, is $691,748.31 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: $19,975.86 Agenda Item No. 16A7 September 27, 2005 Fees are based on a construction estimate of $628,862.10 and were paid9rue 2 of 4 February, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,110.00 b) Construction Drawing Review Fee Water & Sewer (75% const. est.) -$ 904.10 C) Drainage, Paving, Grading (.75% const. est.) -$3,812.36 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$2,712.31 e) Drainage, Paving, Grad ing(2.25 %const.est.) - $11,437.09 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 "Mediterra Parcel 117" for recording with the following stipulations: 1. Approve the amount of $691,748.31 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A7 September 27, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A7 Item Summary: Recommendation to approve for recording the final plat of Mediterra Parcel 117, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9/27/2005 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Engineering Services 91212005 8:45:43 AM Environmental Services Environmental Services Admin. Approved By Approved By Community Development & Date Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 9!212005 8:54 AM Environmental Services Environmental Services Admin. Approved By Approved By Administrative Assistant Date Sandra Lea Executive Secretary Date Community Development & Community Development & 912/2005 10:37 AM Environmental Services Environmental Services Admin, Date Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 912/2005 2:44 PM Environmental Services Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 9/7/2005 8:51 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 917/2005 2:42 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9!912005 9:15 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911212005 1:04 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9114/2005 7:33 PM Commissioners r u» qo- �00 N Oti O Z N a L � )n C � >Z O O QJU) Q z U LI z 'o F- Q aD O O J 0 S Nr 3wm Ol ION / 7 a w F- , V, 0 Q 0 J C �d d a�' a� � � ffi g wmLaa� NOUlILLNtl1 mro Wt V J= .070E BIMv.O y'16 �'` g u n I Y!-31YJRBLN c g 1 �� W O3 6 O O Ir j C r�vn Nrnm LiY�e7oNFOMO @ IL N I Q F OWtlNO11LINVY7 Ne q 3� OYOIN ONI7fld-11tlWWY I Z I YYY w 5 ti I mw �,p.a611 alLa OLgy 3 � am 9gs �F Z � F K (LY YfI) �Y1LL 1 Imm"IPI'6' Na 49 Qgg3j F7n ¢' $ Ig 6 F L af Ig a w F- , V, 0 Q 0 J C �d d Agenda Item No. 16A8 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Mediterra Parcel 118 ", 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 "Mediterra Parcel 118 ", a subdivision of lands located in Section 11, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mediterra Parcel 118 ". 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 "Mediterra Parcel 118" be approved for recording. FISCAL IMPACT: The project cost is $556,709.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $111,340.00 b) Drainage, Paving, Grading - $445,369.33 The Security amount, equal to 110% of the project cost, is $612,380.26 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: $17,786.28 r Agenda Item No. 16A8 September 27, 2005 Fees are based on a construction estimate of $556,709.33 and were paid9rue 2 of 4 February, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,085.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$ 835.05 C) Drainage, Paving, Grading (.75% const. est.) -.$ 3,340.27 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$2,505.15 e) Drainage, Paving, Grading(2.25 %const.est.) -.$10,020.81 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 "Mediterra Parcel 118" for recording with the following stipulations: 1. Approve the amount of $612,380.26 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A8 September 27, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A8 Item Summary: Recommendation to approve for recording the final plat of Mediterra Parcel 118, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9/27/2005 9:00:00 AM Prepared By John Nouldsworth Senior Engineer Date Community Development & Engineering Services 9/212005 8:49:33 AM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 9/2/2005 8:55 AM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development& Community Development& 9/212005 10:41 AM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 912/2005 2:47 PM Environmental Services Environmental Services Admin. Approved By Community Development& Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 9/712005 8:52 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 91712005 2:42 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/9/2005 9:24 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1212005 1:06 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911412005 7:42 PM Commissioners QCD 0 co 0 N O Z N E a) .m — C (0 � C � N Uj Q w of z N � (tS ? cn U z o I U ^\ W / J I � W V ca O Q U O o� oV lii ° � m SOtlrA3NN NOi�Nilanu � anti �bi Nrg3 8 3b` S�JON A]bMJ 1 � - � pT� ?� MZE0.5, 0 � � £� pvi S[-31Y15tl31N1 mo � z a� i I v m J O UO j - lam INGBTON ROAD _ Dvoa DNTna- Laoatlro W >s LL a' $ O i w c3 w rm K BODL P0.0 IL R.0511 a evOb 3113i00�j io II 0 I \ - nY sm TIVaL rvvL �¢ TPMIPMITPPIL 1�.5. 817 i� rco n �V oo rc Si 2a n W V ca O Q U O Agenda Item No. 16A9 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "IL Regalo Replat ", 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 "IL Regalo Replat ", a subdivision of lands located in Section 2, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: On May 10, 2005, the Board approved the plat of "IL Regalo ". The developer has filed a replat of this subdivision to realign lots and roadway. The existing Subdivision Performance Security and Construction and Maintenance Agreement will continue to serve this replat. Engineering Services Department recommends that the final plat of "IL Regalo Replat" be approved for recording. FISCAL IMPACT: ,.. The project cost is $437,994.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $172,640.00 b) Drainage, Paving, Grading - $265,354.67 The Security amount, equal to 110% of the project cost, is $481,794.14 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: $14,199.84 Agenda Item No. 16A9 September 27, 2005 Fees are based on a construction estimate of $437,994.67 and were paid9Me 2 of 4 August, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) - $1,060.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$1,294.80 C) Drainage, Paving, Grading (.75% const. est.) -$1,990.16 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$3,884.40 e) Drainage, Paving, Grading(2.25 %const.est.) -$5,970.48 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. HI STORICALIARCHAEOLOGICAL 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 y 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 "IL Regalo Replat" for recording with the following stipulations: 1. Approve the amount of $481,794.14 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 existing Construction and Maintenance Agreement and Performance Security for IL Regalo is accepted as security for IL Regalo Replat. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A9 September 27, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A9 Item Summary: Recommendation to approve for recording the final plat of IL Regalo Replat, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9/27/2005 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Engineering Services 91812005 8:36:40 AM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 9/812005 10:19 AM Environmental Services Environmental Services Admin. Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 9/8/2005 11:18 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 9112/2005 1:33 PM Environmental Services Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 9/12/2005 8:52 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 2:59 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 911412005 6:25 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's office Office of Management & Budget 9/15/2005 8:32 AM Approved By James V. Mudd County Manager Date �~ Board of County County Manager's Office 9/1512005 4:40 PM Commissioners MLO 0 co 0 �— N O Z N E _ E QI (n Q 1 'WW Ja JON MLYM aLvu loam ae JOm C VJ aw (NO 9 A" (w* OOfUDq �� Lf JON aiLVlYi ave tliOnO u- N JOOI eatrJCa aro Isom vJweLw 0 mm Atl11YC0 5 Q Q g3� s' V 6 n uvftASTONR @ jib If oromrnLO:�wnn N < Z If l ' 11 �] (it mm) ovwarrnrrkodm .€ � jig n � o -11 = w IT'l I I � co w — �� gds pyd � mia avov aJSmao mr e� �� e wo 3 < °^ (w arou esw-rmao a *VN �V r A jig, (N YN VKA mvwl. °D 160 o J � i3 N Y i S z a' am® ww To 3 aim M= wm gun p, F F1W1 � 1 'WW Ja JON MLYM aLvu loam ae JOm C VJ aw (NO 9 A" (w* OOfUDq �� Lf JON aiLVlYi ave tliOnO u- N JOOI eatrJCa aro Isom vJweLw xamwun+ mm Atl11YC0 5 Q Q g3� s' 6 n uvftASTONR @ jib If oromrnLO:�wnn < curl aym C&SOltJ)IadmY If l ' 11 �] (it mm) ovwarrnrrkodm .€ jig n � -11 = w IT'l I I � �� gds pyd � mia avov aJSmao mr e� �� e wo 3 < °^ (w arou esw-rmao a *VN �V r A jig, (N YN VKA mvwl. 160 Q LU ■ � I Q 0 a v 0 0 Agenda Item No. 16A10 September 27, 2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve an addendum to the Oak Haven Apartments Agreement for Deferral of Collier County Impact Fees. OBJECTIVE: That the Board of County Commissioners (BCC) approve an addendum to the Oak Haven Apartments Agreement for Deferral of Collier County Impact Fees. CONSIDERATIONS: On July 26, 2005 the BCC heard a public petition, item 6A, from Mr. Richard Salem, representing the Oak Haven Apartment Limited Partnership, requesting an' extension to the apartment complex's existing impact fee deferral agreement. Oak Haven Apartments is located in Immokalee and exclusively serve that community. The deferral of $385,228.33 in impact fees was granted by the BCC on September 21, 1993 and is due on September 21, 2008 (15 -years from issuance), or on sale of the property, whichever occurs first. The Oak Haven Apartments development consists of 160 units of which 100% are dedicated and income restricted by Collier County through the impact fee deferral agreement to be affordable - workforce housing. At the July BCC meeting Mr. Salem explained to the Board that the current owner is contemplating selling the development to another company. Mr. Salem asked the Board to consider extending the deferral for an additional fifteen -year period in exchange for the new owner continuing to maintain the units as affordable- workforce housing in the Immokalee community for the additional fifteen years. The BCC's current policy regarding rental affordable housing impact fee deferrals is to allow a deferral of 6 years and 9 months. There was unanimous direction from the BCC at the July meeting to have staff prepare an addendum to the existing impact fee deferral agreement that would extend its term by an additional 15- years. Also at the Board's direction, staff has completed housing code inspections of several units, both exterior and exterior, in the Oak Haven development. All of the units are in very good condition and no violations were found. In fact, many of the units have undergone a remodeling and received multiple upgrades. Some photos from the staff inspections are included as back up material to this executive summary. The current rental rates of apartment units in Oak Haven are $470 for a 2- bedroom and $510 for a 3- bedroom. Approval of this addendum will enable the County to maintain the affordability of these 160 units in the Immokalee community through September 27, 2020. Agenda Item No. 16A10 September 27, 2005 Page 2 of 10 FISCAL IMPACT: None, 100% of the originally deferred impact fees will still be collected by the County in the year 2020. 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 addendum to the Oak Haven Apartments Agreement for Deferral of Collier County Impact Fees. Prepared by: Cormac Giblin, Housing and Grants Manager Financial Administration and Housing Agenda Item No. 16A10 September 27, 2005 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A10 Recommendation to approve an addendum to the Oak Haven Apartments Agreement for Item Summary: Deferral of Collier County Impact Fees. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Cormac Giblin Housing Development Manager Date Community Development & Financial Admin. &Housing 9/9/2005 10:36:29 AM Environmental Services Approved By Nancy Mesa Administrative Assistant Date Community Development & Financial Admin. &Housing 9/1212005 2:41 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 911212005 3:00 PM Environmental Services Environmental Services Admin. Approved By Denton Baker Financial Admin & Housing Director Date Community Development& Financial Admin. &Housing 9/14/200510:13 AM Environmental Services Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 9/1412005 9:03 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2005 8:14 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 911912005 9:28 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 2:30 PM Approved By James V. Mudd County Manager Date ° Board of County County Manager's Office 9/2112005 3:23 PM Commissioners Agenda Item No. 16A10 September 27, 2005 Page 4 of 10 ADDENDUM TO AGREEMENT FOR WAIVER OR DEFERRAL OF COLLIER COUNTY IMPACT FEES This Addendum to Agreement for Waiver or Deferral of Collier County Impact Fees ( "Addendum ") is entered into this 27th day of September, 2005, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County ", and Oakhaven Apartments, Limited Partnership, a duly registered limited partnership under the laws of the State of Florida, hereinafter referred to as "Owner." WITNESSETH: WHEREAS, Owner and County entered into an agreement for waiver or deferral of Collier County impact fees on September 21, 1993, a copy of which is attached hereto as Exhibit "A" ( "Agreement "), and incorporated herein by this specific reference; and WHEREAS, County, on January 26, 1994, pursuant to Resolution 93 -28, under Agenda Item 8.A.1, approved the expenditure of $189,224.31 from General Fund 11 I to pay for Library, Road, Parks and EMS Impact Fees; WHEREAS, the aforementioned Agreement, Exhibit A, was recorded in the public records of Collier County, Florida, on October 7, 1993, at Official Records Book 1872, Page 1724, constituting a "lien" on certain property located in Collier County, Florida, as more particularly described in Exhibit "B" hereto ( "Property "), for the re- payment of impact fees that will be due and owing on the Property ( "Impact Fees "); and WHEREAS, the aforementioned Agreement incorrectly stated the owner of the property to be "B &B Properties, Inc. ", when in fact the then correct owner was Oakhaven Apartments Ltd., which is still the Owner; and 1 of 6 Agenda Item No. 16A10 September 27, 2005 Page 5 of 10 WHEREAS, the County finds it to be in the best interest of its citizens to continue to provide for affordable housing in Immokalee, Florida and has determined that affordable housing is still needed therein for the foreseeable future; and WHEREAS, the County has determined that an extension of the deferral period for the Property, for fifteen years from the date of this Addendum is in the County's best interests and is consistent with its continuing need for affordable housing, and, as such, has approved an extension of the deferral period as embodied in this Addendum. Now, therefore, in light of the mutual covenants set forth herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in light of the foregoing recitals the parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. The parties affirm and agree to the terms and conditions of the Agreement to the extent consistent with this Addendum and as indicated in the following paragraphs: A. Reference in the Agreement to "Owner" shall be considered a reference to Oakhaven Apartments, Limited Partnership. B. The six recital paragraphs in the Agreement, each beginning with the word "whereas" and beginning on page one and ending on page two, are hereby recognized and ratified. C. Paragraph 3 of the Agreement is amended by adding the underlined text that follows and deleting that text which has been k thfeuo as follows: TERM. Owner agrees that the property shall remain affordable housin and shall be offered for sale or rent as 2 of 6 Agenda Item No. 16A10 September 27, 2005 Page 6 of 10 the case may be in accordance with the standards set forth in the appendix to the Impact Fee Ordinance for a period of fifteen years c- -ein the date a fi fi t F from the date of this Addendum {Extended Deferral Period} Provided that the Property continues to be maintained as affordable housing in accordance with the standards set forth in the appendix to the Impact Fee Ordinance, any and all impact fees pertaining to the property and due under the Agreement Addendum or otherwise are deferred and shall not be due and re -paid until the end of the Extended Deferral Period, i.e. September 27 2020. D. Paragraph 8 of the Agreement is deleted in its entirety and replaced by the following: For rental units, the impact fees deferred shall be re -paid to the COUNTY upon the sale, , er discontinuance of use of the dwelling unit as affordable housing or on the expiration of the Extended Deferral Period, whichever occurs first. A sale, assignment, or transfer of the Property before the end of the Extended Deferral Period shall not trigger the payment of the impact fees provided the purchaser, assignee, and /or transferee of the Property ratifies, assumes, or otherwise agrees to be bound by this Addendum. If the Impact Fees are paid at any time hereafter for any reason, the Owner, purchaser, assignee, and /or transferee (as appropriate) are no longer bound by the terms of the Agreement or this Addendum or otherwise required to maintain the Property as affordable housing in accordance with the standards set forth in the Impact Fee Ordinance. E. Paragraph II of the Agreement is deleted in its entirety and replaced by the following: RELEASE OF LIEN. Upon the re- payment of the Impact Fees, the County shall, at the expense of the County, record any necessary documentation evidencing same, including, but not limited to, a release of lien. F. Paragraph 12 of the Agreement is deleted in its entirety and replaced by the following: 3 of 6 Agenda Item No. 16A10 September 27, 2005 Page 7 of 10 BINDING EFFECT. This Addendum shall be binding upon the parties to this Addendum, their heirs, successors and assigns. In the case of the sale, assignment, or transfer of the Property, Owner shall no longer be liable and/or responsible under the Agreement or Addendum for repayment of any and all impact fees, provided the purchaser, assignee, or transferee of the Property ratifies, assumes, and /or otherwise agrees to be bound by the terms of the Agreement and Addendum. 3. This Addendum shall be recorded by Owner at the expense of Owner in the official Records of Collier County, Florida, within fifteen (15) days after execution of this Addendum. 4. In case of any conflict or ambiguity between the Agreement and this Addendum, this Addendum shall control. 4 ofb Agenda Item No. 16A10 September 27, 2005 Page 8 of 10 In Witness Whereof, the parties have executed this Addendum for deferral of Impact Fees on the date and year first above written. Witnesses: Print Name Print Name STATE OF _ COUNTY OF Owner: Oakhaven Apartments, Limited Partnership by __ Print Name The foregoing Addendum was acknowledged before the this day of 2005, by , as of Oakhaven Apartments Limited Partnership, who is personally known to me [ ] or who produced as identification [ ]. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment Name of Acknowledger Title or Rank Serial Number, if any, or Date Commission Expires 5 of 6 Agenda Item No. 16A10 September 27, 2005 Page 9 of 10 PASSED AND DULY ADOPTED by vote of a majority of the Board of County Commissioners of Collier County, Florida, this day of , 2005, ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and Legal sufficiency: Patrick G. W ite Assistant County Attorney 6of6 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA M. FRED W. COYLE, Chairman. 4 5r 5.5, b � ` xf7d' ._. .. � ..�.... �'n'� _�. �.. ice► i p - k p y i kit r T r 5 Agenda Item No. 16A11 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment to the 2004 -2005 Community Development Block Grant (CDBG) budget for the purpose of recognizing additional entitlement funds received from the U.S. Department of Housing and Urban Development (HUD) in Fund 121. OBJECTIVE: To have the Board of County Commissioners (BCC) approve a Budget Amendment to the 2004 -2005 Community Development Block Grant (CDBG) budget for the purpose of recognizing additional entitlement funds received from the U.S. Department of Housing and Urban Development (HUD) in Fund 121. CONSIDERATIONS: The Community Development Block Grant (CDBG) program receives an annual entitlement allocation from HUD. HUD revised the estimated allocation used in the spring of 2004 to establish a budget for Fund 121 when the final grant agreement was signed in the fall of 2004. The County's CDBG entitlement allocation was increased by $137,000 from an estimated $2,628,000 to an actual allocation of $2,765,000. This increased budget adjustment of $137,000 will correct Fund 121 for the fiscal year July 1, 2004 through June 30, 2005. FISCAL IMPACT: The fiscal impact is a $137,000 increase in CDBG revenue within Fund 121. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this request. LEGAL CONSIDERATIONS: This recommendation for authorization of the Budget Amendment is internally .consistent, complies with all applicable constitutional and general law, and is legally sufficient for Board of County Commissioners' consideration and approval. RECOMMENDATION: Tha t CDBG budget for the purpose HUD in Fund 121. Prepared by: Susan Golden Grants Administration Manager the BCC approve a Budget Amendment to the 2004 -2005 of recognizing additional revenue of $137,000 received from Agenda Item No. 16A11 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A11 Item Summary: Recommendation to approve a Budget Amendment to the 2004 -2005 Community Development Block Grant (CDBG) budget for the purpose of recognizing additional OMB Coordinator entitlement funds received from the U.S. Department of Housing and Urban Development Date (HUD) in Fund 121. ($137,000) Meeting Date: 9/2712005 9:00:00 AM Prepared By Federal /State Grants Administration Susan Golden Date Manager Community Development & Financial Admin. &Housing 9/9/2005 3:28:29 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 911212005 3:44 PM Environmental Services Environmental Services Admin. Approved By Denton Baker Financial Admin & Housing Director Date Community Development& 9/14/2005 10:16 AM Financial Admin. &Housing Environmental Services Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development& Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 9/14/2005 9:04 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9115/2005 9:11 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/16/2005 12:18 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 5:22 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 912012005 10:01 PM Commissioners Agenda Item No. 16Al2 September 27, 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve the application by Salazar Machine and Steel, Incorporated for the Job Creation Investment Program and the Fee Payment Assistance Program OBJECTIVE: That the Board of County Commissioners approve the application by Salazar Machine and Steel, Inc. (Salazar Machine) for the Job Creation Investment Program and the Fee Payment Assistance Program. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordinance No. 2003 -60, which is Code of Laws Chapter 49, Article III, establishing the Job Creation Investment Program and Ordinance No. 2003 -61, which is Code of Laws Chapter 49, Article II, establishing the Fee Payment Assistance Program. These programs are available to targeted high -wage companies that desire to relocate or expand within specified areas of Collier County and are designed to reduce the economic effects of increased development fees as well as relocation and /or expansion costs. The programs have specific eligibility requirements including the number of full -time jobs to be created and retained, the average wage of the jobs, timing of the jobs being in place and the type of business being proposed. Salazar Machine, a "for- profit" entity, submitted an application dated September 1, 2005, to be considered for the Job Creation Investment Program and the Fee Payment Assistance Program. The project involves the expansion to the existing major and minor steel fabrication and design facility located at the Florida Trade Port in Immokalee, Florida. Salazar Machine is a growing Immokalee business and requires the expansion from existing space to meet current demand and future growth. Salazar Machine proposes to create fifteen (15) new jobs in Collier County, in three phases, by December 31, 2008, at an average wage of $27,000, which is significantly more than the 50% of Collier County's current average wage of $ 16,367 required to participate in this program for the Immokalee area. The company is also proposing an initial capital investment of approximately $1.4 million for the construction of the expanded facility and new equipment. Based upon the above commitments, Salazar Machine is eligible for $45,000 in Collier County Job Creation Investment Program funds to be paid over three consecutive years following creation of the jobs. Salazar Machine is also eligible for the Fee Payment Assistance Program funds not to exceed the dollar amount of the impact fees associated with the project. Based upon the program criteria, the maximum amount of Fee Payment Assistance funds that may be awarded totals $101,000. The final impact fee calculation will be completed prior to the issuance of a building permit for the proposed development. Staff will prepare the Job Creation Investment Program Agreement and the Fee Payment Assistance Program Agreement, and each will be reviewed by the County Attorney's Office for legal sufficiency. The approved agreements will be signed by a designee from Salazar Machine and Steel, Inc. and by the County Manager on behalf of Collier County and will be recorded in the Official Records of Collier County. Salazar Machine and Steel, Inc. Page 2 Agenda Item No. 16Al2 September 27, 2005 Page 2 of 11 Salazar Machine meets all of the Job Creation Investment Program requirements set forth by Ordinance No. 2003 -60 in Code of Laws Chapter 49, Article III and the Fee Payment Assistance Program requirements set forth by Ordinance No. 2003 -61 in Code of Laws Chapter 49, Article II, as a Targeted Industry expanding within Collier County. Therefore, approval of this application will help to promote the creation and retention of jobs in Collier County. FISCAL IMPACT: => Job Creation: The applicant has requested $45,000 of Job Creation Investment incentive funds, to be paid over three years at the rate of $3,000 per newly created job, to be implemented in three phases on or before December 31, 2008. Following creation of the specified jobs, the Company may submit a Request for Funds to the County Manager to be paid at the beginning of the County's fiscal year following the date that the newly created jobs are verified to be in place. General Fund revenue was specifically budgeted for the adopted economic incentives, and thereby funds the Job Creation Investment Program. Fee Pavment Assistance: The final dollar amount of impact fees will not be calculated until the Building Permit application for the proposed development is submitted, however, based upon the program criteria, Salazar Machine is currently eligible for Fee Payment Assistance funds in an amount of $101,000. The actual incentive award may not exceed the impact fees due and payable for the proposed development. The Fee Payment Assistance Agreement is required to be in place prior to the issuance of the building permit for the proposed development. Concurrently, a lien will be placed on the subject property for the dollar amount of the impact fees, which will remain on the property for the term of the agreement. At the conclusion of the agreement, if all requirements are met, the lien will then be released from the subject property. If at any time during the term of the agreement the non - County party is not in compliance with the terms and requirements set forth by the agreement, they may be found in . default and subject to default provisions set forth in Ordinance No. 2003 -61. This incentive award will be funded by General Fund revenue that was specifically budgeted for the adopted Fee Payment Assistance Program. The Financial Administration and Housing Department has responsibility for job verification as well as monitoring program compliance The initial capital investment related to this project is estimated to be $1.4 million for the facility expansion at the Florida Trade Port in Immokalee. In addition, the creation of the fifteen (15) new jobs generates a local payroll of approximately $405,000 annually. GROWTH MANAGEMENT IMPACT: 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." Agenda Item No, 16Al2 September 27, 2005 Salazar Machine and Steel, Inc. Page 3 of 11 Page 3 LEGAL CONSIDERATIONS: The Salazar Machine and Steel, Inc. project meets all of the Job Creation Investment Program requirements set forth by Ordinance No. 2003 -60 in Code of Laws Chapter 49, Article III and the Fee Payment Assistance Program requirements set forth by Ordinance No. 2003 -61 in Code of Laws Chapter 49, Article II, as a Targeted Industry expanding within Collier County. RECOMMENDATION: That the Board of County Commissioners approve the application by Salazar Machine and Steel, Inc. for the Job Creation Investment Program and the Fee Payment Assistance Program. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager, Financial Administration and Housing, CDES Agenda Item No. 16Al2 September 27, 2005 Page 4 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16Al2 Item Summary: Recommendation to approve the application by Salazar Machine and Steel, Incorporated for the Job Creation Investment Program and the Fee Payment Assistance Program. ($146,000) Meeting Date: 9/27/2005 9:00:00 AM Prepared By Amy Patterson Impact Fee Manager Date Community Development & Financial Admin. &Housing 9112/2005 2:07:16 PM Environmental Services Community Development & 9/1412005 9:19 PM Approved By Environmental Services Admin. County Manager's Office 9119/2005 7:24 PM Constance A. Johnson Operations Analyst Date Community Development & Community Development & 911312005 2:54 PM Environmental Services Environmental Services Admin. 9/1512005 9:12 AM Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Financial Admin. &Housing 9/14/2005 11:37 AM Environmental Services Approved By Patrick G. White Assistant County Attorney Date County Attorney County Attorney Office 9/14/2005 6:37 PM Approved By Approved By Community Development & Michael Smykowski Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 9/1412005 9:19 PM Environmental Services Environmental Services Admin. County Manager's Office 9119/2005 7:24 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1512005 9:12 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 911912005 10:04 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911912005 10:26 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9119/2005 7:24 PM Commissioners Agenda Item No. 16Al2 September 27, 2005 Page 5 of 11 ABC ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY NAPLES, FLORIDA EVERGLADES CITY - GOLDEN GATE IMMOKALEE • MARCO ISLAND COLLIER COUNTY ECONOMIC STIMULUS PROGRAM APPLICATION for Expanding or New Businesses Salazar Machine & Steel, Inc. Name of Business Steel Fabrlcat!arn & Qeelan Project Title (1 -5 word description) ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263 -8989 * FAx (239) 263 -6021 www.eNaDissFiorida.com Agenda Item No. 16Al2 September 27, 2005 Page 6 of 11 Employer Identification BUSINESS INFORMATION: a) Name of Business Unit: Salazar Machine &Steel Inc. b) Mailing Address• 160 Airpark Bivd , imrnokalee, FL 34142 c) Name of Parent Company (if applicable): NIA d) Primary business unit contact: Name: Pedro Salazar III Title: Owner Company: Salazar Machine & Steel Inc. Address: 160 Aimark Blvd, Immokalee. FL 3414 Phone: Email: salazarmachineOrrisn.com e) Business unit's federal employer identification number: 75- 3053386 f) Business unit's unemployment compensation Identification number: 0525 -8840 g) Business unit's Florida sales tax registration number: 21- 801 1 965026-3 h) Business unit's Collier County occupational license number- 911934 1) List NAICS codes of all activities of the business unit: 332710: Machine Shops Targeted Industry: Manufacturing._ j) Describe the business unit's primary business activities/function: Maior and minor. steel fabrication and design 2. a) Is the business unit minority owned: ® YES ❑ NO b) if YES, explain: Mexican ancestry - 3. Business unit's tax year (example: Jan. 1 — Dec. 31): January 1 to December 31 Project Identification/information 4. a) Is the business unit (please chooses one): ❑ a new business unit to Collier County ® an expansion of an existing Collier County business unit b) N an expansion, how many COLLIER COUNTY employees are currently in the expanding bus_ iness unit? 9 ' Existing Collier County employees cannot be Included for consideration in certain Incentive awards. Effective 06/01/04 Paget of 7 MW Agenda Item No. 16Al2 September 27, 2005 Page 7 of 11 c) How many Individuals are employed in ALL Florida locations? 10 d) How many individuals are employed in ALL domestic and International locations? 10 5. Full project description (please provide thorough description of your project in appropriate marketing language): Salazar Machine & Steel, Inc., is a growing Immokalee steel fabrication and design shop that Is bursting at the seams; larger space is necessary to meet demand and to continue to meet future growth. Therefore, we need a 20,000 square foot facility for machine manufacturing. 6. Check the appropriate box and complete the line Item: Use separate sheet for additional space. ® Project's current location address: 160 Airpark Blvd., Immokalee FL 34142 ® Project's proposed location address: Remain on Airpark Blvd., Immokalee FL 34142 7. a) Located on Brownfield Site or in a Brownfield Area? ® YES ❑ NO b) Will project be locating or expanding in an Enterprise Zone? ® YES ❑ NO If YES, which Zone: W Immokalee ❑ Everglades City 8. Please check the box that best defines your project. Answer a) AND b), if applicable: a) ❑ Multi -state business enterprise b) ❑ Regional headquarters office ❑ Multi - national business enterprise ❑ National headquarters office ❑ International headquarters office 9. Please estimate percentage of gross receipts or final sales resulting from this project that will be made outside of Collier County: 15 % outside of Florida: 20 % 10. Project employment and wages: a) Total number of net, new full-time equivalent Collier County jobs created by the project at the business unit indicated above: 15 b) Are any employees being transferred from another Florida location? ❑ YES ® NO If YES, how many and from where? 11. a) Antfcfvated annualized average wage (not including benefits) of the new to Collier County jobs created by the project at the business unit: $ 27.000 Annualized average wage for existing Collier County employees: $ 30.000 b) Annualized average value of benefits associated with each new job created by the project at the business unit: $2.000 (Cash performance bonuses and other cash payments to the employees, such as overtime, should be Included. The anticipated we" reported hero Is only an estimate of the average wage to be paid. The wage Indicated In response to an Incentive attachment, If applicable, will be used In the certification, agreement, and claim evaluation process.) Effective 08/01/04 Page 3 of 7 Agenda Item No. 16Al2 September 27, 2005 Page 8 of 11 c) If jobs are to be phased In, provide the date when each phase of employment will be fully implemented: (Please limit the phases to no more than three consecutive years, and job creation to no less than ten jobs in any given year.) Phase Number of net, new full -time equivalent Colder County jobs created in business unit Date by which those jobs will be created 5 12/31/06 II 5 12131/07 111 5 12/31/08 TOTAL 15 12. a) Describe the capital investment in real and personal property: (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not include the value of land purchased for construction of a new building.) Construction of a new facility (estimated at $1,000,000) and purchase of new equipment, including: one CNC Plasma Cutter 0 $150,000, one CNC Milling Machine a $90,000, one CNC Lathe at $110,000, three welding machines fit $4,000 each, and miscellaneous power tools and tooling 0 $75,000. b) List the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment m to be made by the applicant in connection with this Collier County project: Amount $ Land (if applicable) Amount $1,000,000 Construction/Renovations Amount $ 437,000 Manufacturing Equipment Amount $ Other Equipment Total $1,437,000 c) Estimated square feet of new or newly expanded facility: 20.000 13. Anticipated date of beginning of construction for this project: 2006 14. Anticipated date project will be in operation: 2006 15. Project Information (Email addresses are required): Architect Firm: Engineering Firm: Contractor: Fussell Steel Building Architect: Engineer: Contractor: Phone: Phone: Phone: Email: Email: Email: Fax: Fax: Fax: Effedve 08/01 /04 Page 4 of 7 Agenda Item No. 16Al2 September 27, 2005 Page 9 of 11 Project Impact Information 16. What role will the incentive (or incentives) play in the decision of the applicant to locate or expand In Collier County? (11 there are other stateWcommunities competing for this project, please list which states/communities and what incentives are being offered by those states/communities.) The EDC Fast Track program will help me to become operational much faster. At the present time, we are bursting at the seams so much that my equipment has to be placed outside during the working day to accommodate my staff to work inside. At the end of every day, we bring in the equipment. Getting the facility functional more quickly is essential to the growing demand of my business. 17. a) Provide a brief review of the applicant's past activities in Collier County and in other states, particularly as they relate to environmental and growth management Impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been ?) Our company has created jobs and would like to continue to create more jobs in the Immokalee area. b) Describe any criminal or civil fines, or penalties, and any awards. None. You may request that your project information (including the information contained in this application) be confidential per F.S. 288.075, Confidentiality of Records. x Effective 08/01 /04 YES, we Request Confidentiality NO, we do not Request Confidentiality Page 5 of 7 `- T , Agenda Item No. 16Al2 September 27, 2005 Page 10 of 11 Requirements Fast Track Permitting Program: The Fast Track application must be completed In full before consideration is given. Statements on the Fast Track Application must be accurate and verifiable. The Economic Development Council of Collier County (EDC) reviews the application. If approved, the EDC sends a copy to the appropriate County staff. This application must be on file with the county offices prior to the scheduling of any pre - application permit reviews or Site Development Plan submissions. The Fast Track Permitting Program requires a pre - application meeting with the Collier County Staff prior to document submission. This meeting is scheduled by the Economic Development Council of Collier County in cooperation with the Engineer of Record. Upon release of plans by the County, the permit must be picked up within 10 business days of approval. This application must be filed prior to making the decision to locate a new business unit In Collier County, or to expand an existing Collier County business unit. Effective 08/01/04 Page 6 of 7 Application Completed By: __7z'Z1j/'_ A0' (i a ure) Pete Salazar TI-1 (Print or Type Name) Owner (Print or Type Title) Salazar Machine & Steel, Inc. (Company) 239- 657 -2325 (Phone Number) 239 - 658 -2513 (Fax Number) Salazarmachine 0 msn.com (E -mail Address) (Date) (Contact Person, if different) (E -mail Address, if different) (Address, if different) (Phone Number, if different) Effective 08/01/04 Agenda Item No. 16Al2 September 27, 2005 Page 11 of 11 To the best of my knowledge, the information included in this application is acc�urr- a-t-e.. (Sig ature orized Officer) Pete Salazar T (Print or Type Name of Authorized Officer) Owner (Print or ype Title of Author 0 Roar) Page 7 of 7 Salazar Machine & Steel, Inc (Company) 239 -657 -2325 (Phone Number) 239 -658 -2513 (Fax Number) Salazarmachine O msn.com (E -mail Address) (Date) Agenda Item No. 16A13 September 27, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to adopt a resolution approving assignment and change of control of the Cable Television Franchise from Time Warner Cable, Inc. to MOC HOLDCO II, Inc., an indirect wholly -owned subsidiary of Comcast Cable Communications Holdings, Inc., pursuant to a redemption agreement among the parties. OBJECTIVE: To obtain Board of County Commissioners' (Board) approval of a resolution agreeing to the transfer of assignment and change of control of cable television franchise from Time Warner Cable, Inc. to Comcast pursuant to the timely filed FCC Form 394, Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise, and relevant documentation in support of the transfer. CONSIDERATIONS: On June 14, 2005, Time Warner Cable, Inc. and Comcast Cable Communications met the minimum filing requirements of Collier County Ordinance No. 88 -90 and the Federal Communications Act of 1934, as amended, by filing a complete application for assignment and change of control of the Cable Television Franchise held by Time Warner Cable, Inc., as a result of a pending Redemption Agreement dated April 20, 2005 by and among Comcast Cable Communications Holdings, Inc., MOC Holdco II, Inc., TWE Holdings II Trust, Cable Holdco II Inc., and Time Warner Cable, Inc. The Redemption Agreement specifies that (1) the Time Warner Cable system and Franchise will be assigned to a wholly -owned subsidiary of Time Warner, Cable Holdco II, Inc. and (2) immediately thereafter, pursuant to the same Redemption Agreement, all of the stock of Cable Holdco II, Inc. will be acquired by MOC Holdco Il, Inc., an indirect wholly -owned subsidiary of Comcast Cable Communications Holdings, Inc. On August 23, 2005, staff met with Comcast regarding the proposed transfer of the franchise currently operated by Time Warner Cable to a subsidiary of Comcast. During that meeting, staff inquired about the impact the debt from the proposed transaction would have on Collier County subscriber rates. Comcast responded they would study the potential impact to these rates and would respond in a timely manner. On September 12, 2005, staff received written correspondence from Comcast management confirming that "Comcast represents and wan-ants that debt assumed as a result of the transfer shall not result in any increase in subscriber rates." The Board, acting in its official capacity as the Local Franchising Authority, has 120 days from the date of submittal, to approve or deny the application or the application is considered approved. The Office of the County Attorney and Cable Administration staff have reviewed the application for transfer and find no valid reason that the application t,..,, should be denied. Agenda Item No. 16A13 September 27, 2005 Page 2 of 13 NOTE: A hard copy of the full application for assignment and change of control is on file at the Collier County Community Development and Environmental Services Records Department and is available for public review at 2800 North Horseshoe Drive, Naples, Florida 34104. Phone Number (239) 403 -2400 ext. 5101. As the voluminous filing contains some 5,000 pages, the full filing was not included in the Board's Agenda Packet. Additionally a digital version is available for viewing at the County Managers Office, 3301 East Tamiami Trail, Building F, Second Floor, Naples, Florida 34112. FISCAL IMPACT: Cable television franchisees are subject to the Communications Services Tax (CST) collected by the Florida Department of Revenue and redistributed to municipalities and counties acting as the Local Franchising Authority. Collier County receives approximately $3 Million annually in CST revenues, which are deposited into the Unincorporated General Fund. Previously, cable transfer applications were subject to payment of a $10,000 non- refundable application fee to cover administrative costs to process such applications; however, Florida Senate Bill 1322, enacted on June 2, 2005, prevents collection of these application fees, by "clarifying" that cable entities that are subject to the Florida's CST shall not be required to pay such fee because those taxes are deemed to include these application fees. The subject Application was filed on June 14, 2005 with no fee paid. GROWTH MANAGEMENT IMPACT: This action contemplates no impact on Growth Management. LEGAL CONSIDERATIONS: PL Rules, unless the application is acte Board) within 120 days of submittal application is deemed to be approved. are limited in scope. Review by the Administration staff indicate that no Application. rsuant to Federal Communications Commission 1 upon by the Local Franchising Authority (the (which is not later then October 11, 2005), the The factual bases for Board denial are specific and Office of the County Attorney and by Franchise ialid reason exists to justify denial of the subject RECOMMENDATION: That the Board adopt the attached proposed Resolution to thereby approve the assignment and change of control of the Time Warner Cable Television Franchise to MOC Holdco II, Inc., an indirect wholly owned subsidiary of Comcast Cable Communications Holdings, Inc. PREPARED BY: James French, Regulation / Operations Manager, CDES Operational Support Department 1,1_ I Agenda Item No. 16A13 September 27, 2005 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A13 Item Summary: Recommendation to adopt a resolution approving assignment and change of control of the cable television franchise from Time Warner Cable, Inc. to MOC HOLDCO ll, Inc., an indirect wholly subsidiary of Comcast Cable Communications Holdings, Inc., pursuant to a redemption agreement among the parties. (The voluminous filing contains over 5000 pages, the full filing was not included in the Board's printed agenda packet. A digital version is available for viewing in the County Manager's Office, 3301 East Tamiami Trail, Naples as well as Community Development, 2800 North Horseshoe Drive, Naples) Meeting Date: 9/27/2005 9:00:00 AM Prepared By James French Operations Supervisor Date Community Development & CDES Operations 9/13/2005 3:41:02 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 9/1412005 10:47 AM Environmental Services Environmental Services Admin. Approved By Thomas Palmer Assistant County Attorney Date County Attorney County Attorney Office 911412005 11:17 AM Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Financial Admiri. &Housing 911412005 11:41 AM Environmental Services Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 9/1412005 9:22 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2005 9:13 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/19/2005 11:09 AM Approved By Michael Smykowski Management & Budget Director Date w County Manager's Office Office of Management & Budget 9/1912005 5:24 PM Approved By James V. Mudd County Manager Date Agenda Item No. 16A13 September 27, 2005 Page 4 of 13 Board of County Commissioners County Manager's Office 9/2012005 8:51 PM Agenda Item No. 16A13 September 27, 2005 Page 5 of 13 RESOLUTION NO. 2005- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING ASSIGNMENT AND CHANGE OF CONTROL OF CABLE TELEVISION FRANCHISE FROM TIME WARNER CABLE, INC. TO MOC HOLDCO H, INC., AN INDIRECT WHOLLY -OWNED SUBSIDIARY OF COMCAST CABLE COMMUNICATIONS HOLDINGS, INC., PURSUANT TO A REDEMPTION AGREEMENT AMONG THE PARTIES. WHEREAS, Time Warner Cable ( "Franchisee ") is duly authorized by the Collier County Board of County Commissioners (the "Franchise Authority ") to operate and maintain a cable communications system (the "System ") within its franchised areas pursuant to a franchise agreement (The "Franchise ") granted by the Board of County Commissioners acting in its capacity as the Franchise Authority; and WHEREAS, pursuant to a Redemption Agreement dated April 20, 2005 between Time Warner Cable, Inc., MOC Holdco II, Inc., TWE Holdings II Trust, Cable Holdco II, Inc., and Comcast Cable Communications Holdings, Inc., an application was timely submitted on June 14, 2005 requesting the Board's approval of this assignment and change of control of the Time Warner Cable Franchise to MOC Holdco II, Inc., a wholly - owned subsidiary of Comcast Cable Communications Holdings, Inc.; and WHEREAS, a sufficient FCC Form 394 requesting this approval from the Board of County Commissioners, acting its capacity as the Franchise Authority to the transactions, has been reviewed by staff; and WHEREAS, after reviewing the FCC 394 and its accompanying materials, staff recommends that the Board approve the applicants' requests; and WHEREAS, The Board, acting in its capacity as the Franchise Authority, agrees with staff's recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that: Section 1. The Board of County Commissioners, acting in its capacity as the Franchise Authority, hereby consents to and approves the transactions to the extent that this consent is required by the terms of the Franchise Agreement and applicable law. Section 2. This Resolution shall be deemed effective in accordance with applicable laws. This Resolution adopted this day of 2005, after motion, second and majority vote favoring adoption. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form And legal suffici nJcy-: 1 ti Vh �0��''" Thomas C. Palmer Assistant County Attorney By: FRED W. COYLE, Chairman 0 Comcast June 10, 2005 County of Collier 2800 N. Horseshoe Road Suite 210 Naples, FL 34104 Re: Time Warner /Comcast -- Change of Control Dear Franchising Partner: Agenda Item No. 16A13 September 27. 2005 Page 6 of 13 Comcast Cable Communications, LLC 1500 Market Street Philadelphia, PA 19102 -2148 As you may have read, Comcast Corporation and various affiliates ( "Comcast ") and Time Warner Cable Inc. and various affiliates ( "Time Warner Cable ") have reached an agreement whereby Comcast will acquire control of the cable system serving your community. Attached are charts to assist you in understanding how the transaction will be completed. As shown on the charts, the first step in the transaction is an internal Time Warner Cable assignment to wholly -owned subsidiary Cable Holdco II, Inc. This internal Time Warner Cable assignment is done solely to facilitate the change of control transaction with Comcast. Immediately thereafter, in the second step of the transaction, an indirect wholly -owned subsidiary of Comcast will acquire all of the stock in Cable Holdco IL Inc. At the conclusion of this transaction, Comcast will have 100% control of the cable system in your community. To the extent your approval is required for this change of control, we have provided you with significant material regarding the transaction. If you determine that your consent is not required for this transaction to proceed, you need not take any further action. If, however, you believe your consent is necessary, we have provided copies of the Federal Communications Commission's ( "FCC ") Form 394, other information, and a draft consent resolution to help facilitate the consent process. FCC Form 394. FCC Form 394 (required copies enclosed) is designed to provide you with the relevant information needed to assess the financial, legal, and technical qualifications of the proposed transferee. 0 Agenda Item No. 16A13 September 27, 2005 Page 7 of 13 • According to the FCC's rules, you have a maximum of 120 days from the date you receive this information to review all materials and act upon our request for consent to the transaction. (Please note, this time frame may be shorter if so specified in your franchise.) • Consent Resolution. Should you determine that your consent to the transaction is required, we have enclosed a draft consent resolution that can be used to help expedite the consent process. We would request that a consent resolution, if needed, be placed on your agenda for consideration at your earliest convenience. All of us at Comcast are excited about the opportunity to serve your community. Should you have any questions about the FCC Form 394, the consent resolution or any of the other enclosed documents, please give me a call at (215) 320 -5585 or send a facsimile to (215) 320 -5902. Sincerely, Sheila R. Willard Senior Vice President, Government Affairs Attachment and Enclosures Agenda Item No. 16A13 September 27, 2005 Page 8 of 13 Federal Communications Commission Approved By OMB Washington, DC 20554 FCC 394 3060 -0573 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE SECTION I. GENERAL INFORMATION 17 R FRANCHISE AUTHORITY USE ONLY DATE June 10, 2005 1. Community Unit Identification Number: 2. Application for: 11 Assignment of Franchise ® Transfer of Control 3. Franchising Authority: County of Collier, FL 4. Identify community where the system /franchise that is the subject of the assignment or transfer of control is located: County of Collier, FL 5. Date system was acquired or (for system's constructed by the transferor /assignor) the date on WA which service was provided to the first subscriber in the franchise area: State 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the 1Q 2006 or as soon as system to transferee /assignee: reasonably practicable 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this application that is identified in the franchise as required to be provided to the franchising authority when requesting its approval of the type of transaction that is the subject of this application. PART I — TRANSFEROR /ASSIGNOR Indicate the name mnilinn nrlriraee and telnnhn.,e of tho Exhibit No. N/A Legal name of Transferor /Assignor (if individual, list last name first) Time Warner Cable Inc. Assumed name used for doing business (if any) Mailing street address or P.O. Box 290 Harbor Drive City State ZIP Code Telephone No. (include area code) Stamford CT 069042210 203- 328 -0600 2. (a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or transfer of control (including any exhibits or schedules thereto necessary in order to understand the terms thereof). If there is only an oral agreement, reduce the terms to writing and attach. (Confidential trade, business, pricing or marketing information, or other information not otherwise publicly available, may be redacted). (b) Does the contract submitted in response to (a) above embody the full and complete agreement between the transferor /assignor and the transferee /assignee? 0 If No, explain in an Exhibit. Exhibit No. 1 ❑ Yes ® No Exhibit No. 1 FCC 394 (Page 1) J Agenda item No. 16A13 September 27, 2005 Page 9 of 13 PART 11- TRANSFEREE /ASSIGNEE _n:__ ..J •..L...L.......--k— _; the 4roncfnrnnhccinnnn 1 , a II ILIV4lV Legal name of Transferee /Assignee (if individual, list last name first) MOC Holdco II Inc. Assumed name used for doing business (if any) Comcast Mailing street address or P.O. Box 1500 Market Street City State ZIP Code Telephone No. (include area code) Philadelphia PA 19102 215 - 665 -1700 .. � _ �. _ _._ ate_ �__ _ ._:1:. -_ _JJ -___ ....J �.. L.wl.......... ,..,.�..,. s ...,.�..... �n nnnlanf R nfhnr ♦hen fr.�nclorenl�ecinnnu Name of contact person (list last name first) Sheila R. Willard Firm or company name (if any) Comcast Cable Communications, LLC Mailing street address or P.O. Box 1500 Market Street 28th Floor West Tower City State ZIP Code Telephone No. (include area code) Philadelphia PA 19102 215 - 320- 5585/Fax 215 - 320 -5902 (c) Attach as an Exhibit the name, mailing address, and telephone number of each additional person Exhibit No. who should be contacted, if any. I N/A dl Indicate the address where the system's records will be maintained. Street address 1500 Market Street or a regional or area office as a ro riate City State ZIP Code Philadelphia PA 19102 � 2. Indicate on an attached exhibit any plans to change the current terms and conditions of service and Exhibit No. operations of the system as a consequence of the transaction for which approval is sought 2 —3 FCC 394 (Page 2) • C� C SECTION II. TRANSFEREE'S /ASSIGNEE'S LEGAL QUALIFICATIONS 1. Transferee /Assignee is: ® Corporation ❑ Limited Partnership ❑ General Partnership ❑ Individual Agenda Item No. 16A13 September 27, 2005 Page 10 of 13 a. Jurisdiction of incorporation: Delaware d. Name and address of registered agent in jurisdiction: Comcast Capital Corporation b. Date of incorporation: 10/29/02 (b) 1201 Market Street, Suite 100 Wilmington, DE 19801 c. For profit or not - for - profit: For profit a. Jurisdiction in which formed: c. Name and address of registered agent in jurisdiction: b. Date of formation: a. Jurisdiction whose laws govern formation: b. Date of formation: ❑ Other. Describe in an Exhibit. Exhibit No. N/A 2. List the transferee /assignee, and, if the transferee /assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5 %. Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully- the lettered items below refer to corresponding lines in the following table.) (a) Name, residence, occupation or principal business, and principal place of business. (If other than an individual, also show name, address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant first, officers, next, then directors and, thereafter, remaining stockholders and/or partners. (b) Citizenship. (c) Relationship to the transferee /assignee (e.g., officer, director, etc.). (d) Number of shares or nature of partnership interest. (e) Number of votes. (f) Percentage of votes. (a) See Exhibit No. 3 (b) (c) (d) (e) (f) FCC 394 (Page 3) Agenda Item No. 16A13 September 27, 2005 Page 11 of 13 3. If the applicant is a corporation or a limited partnership, is the transferee /assignee formed under the laws Yes ® No of, or duly qualified to transact business in, the State or other jurisdiction in which the system operates? ' If the answer is No, explain in an Exhibit. Exhibit No. 4 4. Has the transferee /assignee had any interest in or in connection with an applicant which has been EJ Yes ®No dismissed or denied by any franchise authority? If the answer if Yes, describe circumstances in an Exhibit. Exhibit No. 5 5. Has an adverse finding been made or an adverse final action been taken by any court or administrative Yes ® No body with respect to the transferee /assignee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation, suspension or involuntary transfer of any authorization (including cable franchises) to provide video programming antitrust or unfair competition; fraudulent statements to another government services; mass media related unit; or employment discrimination? If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s) involved, including Exhibit No. an identification of any court or administrative body and any proceeding (by dates and file numbers, it 6 applicable), and the disposition of such proceeding. 6. Are there any documents, instruments, contracts or understandings relating to ownership or future El Yes ® No ownership rights with respect to any attributable interest as described in Question 2 (including, but not limited to, non - voting stock interests, beneficial stock ownership interests, options, warrants, debentures)? If Yes, provide particulars in an Exhibit. 7. Do documents, instruments, agreements or understandings for the pledge of stock of the ❑ Yes ❑ No transferee /assignee, as security for loans or contractual performance, provide that: (a) voting rights will remain with the applicant, even in the event of default on the obligation; (b) in the event of default, there NIA will be either a private or public sale of the stock; and (c) prior to the exercise of any ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC and /or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? If No, attach as an Exhibit a full explanation. Exhibit No. N/A SECTION III. TRANSFEREE'S /ASSIGNEE'S FINANCIAL QUALIFICATIONS 1. The transferee /assignee certifies that it has sufficient net liquid assets on hand or available from ® Yes ❑ No committed resources to consummate the transaction and operate the facilities for three months. 2. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally accepted Exhibit No. accounting principles, including a balance sheet and income statement for at least one full year, for the transferee /assignee or parent entity that has been prepared in the ordinary course of business, if any such 7 financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the extent permissible under local law. SECTION IV. TRANSFEREE'S /ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications, experience Exhibit No. and expertise regarding cable television systems, including, but not limited to, summary information about 8 appropriate management personnel that will be involved in the system's management and operations. The transferee /assignee may, but need not, list a representative sample of cable system currently or formerly owned or operated. FCC 394 (Page 4) Agenda Item No. 16A13 September 27, 2005 Page 12 of 13 SECTION V - CERTIFICATIONS • Part I - Transferor /Assignor All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. Part II - Transferee /Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. • The transferee /assignee certifies that he /she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Hasa current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. • (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. Signature I CERTIFY that the statements in this application are true, complete and correct to the best of my knowledge and belief and \ 1 are made in good faith. �_ complete and correct to the best of my knowledge and belief ands, are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE June 10, 2005 PUNISHABLE BY FINE AND /OR IMPRISONMENT. U.S. CODE, TITLE 18, SECTION 1001. Print full name WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE David A. Christman Check appropriate classification: ❑ Individual ❑ General Partner ® Corporate Officer ❑ Other. Explain: (Indicate Title) Vice President and Assistant Secretary Part II - Transferee /Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. • The transferee /assignee certifies that he /she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Hasa current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. • (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. FCC 394 (Page 5) Signature 1 CERTIFY that the statements in this application are true, complete and correct to the best of my knowledge and belief ands, are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE June 10, 2005 PUNISHABLE BY FINE AND /OR IMPRISONMENT. U.S. CODE, TITLE 18, SECTION 1001. Print full name James P. McCue Check appropriate classification: ❑ Individual ❑ General Partner ® Corporate Officer ❑ Other. Explain: (Indicate Title) President FCC 394 (Page 5) Comcast. September 13, 2005 Mr. Tom Palmer Assistant County Attorney Collier County 3301 East Tamiami Trail Naples, FL 34112 Re: Time Warner Cable /Comcast Transaction Dear Mr. Palmer: Agenda Item No. 16A13 September 27, 2005 Page 13 of 13 Comcast Cable Communications, LLC 1500 Market Street Philadelphia, PA 19102 -2148 Thank you for taking the time to meet with Comcast regarding the proposed transfer of the franchise currently operated by Time Warner Cable to a subsidiary of Comcast. During that meeting, you asked about the impact the proposed transaction will have on subscriber rates. Comcast represents and warrants that debt assumed as a result of the transfer shall not result in any increase in subscriber rates. Should you have any questions regarding this representation and commitment, please do not hesitate to contact me, or your local Comcast contact, Maureen Cestari. Sincerely, Sheila R. Willard Senior Vice President, Government Affairs cc: J. Alison Jenkin, Division Vice President, Government Affairs Maureen Cestari, Director, Government Relations Agenda Item No. 16A14 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Summit Place in Naples, Phase III ", 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 "Summit Place in Naples, Phase III ", a subdivision of lands located in Section 34, Township 48 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 "Summit Place in Naples, Phase III ". 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 "Summit Place in Naples, Phase III" be approved for recording. FISCAL IMPACT: The project cost is $160,504.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 7,544.00 b) Drainage, Paving, Grading - $152,960.00 The Security amount, equal to 110% of the project cost, is $176,554.40 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: $5,835.12 Agenda Item No. 16A14 September 27, 2005 Fees are based on a construction estimate of $160,504.00 and were paid9r e 2 of December, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) - $1,020.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 56.58 C) Drainage, Paving, Grading (.75% const. est.) -$1,147.20 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$ 169.74 e) Drainage, Paving, Grading(2.25 %const.est.) -$3,441.60 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 "Summit Place in Naples, Phase III" for recording with the following stipulations: 1. Approve the amount of $176,554.40 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A14 September 27, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A14 Recommendation to approve for recording the final plat of Summit Place in Naples, Phase 111, Item Summary: approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9127/2005 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Engineering Services 9114/2005 7:15:43 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 911412005 8:00 AM Environmental Services Environmental Services Admin. Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 9115/2005 8:29 AM Environmental Services Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9115/2005 9:13 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/1912005 8:55 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9119/2005 9:45 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 912012005 4:19 PM Commissioners #n# //% \ \\ //j $§ }/ [® � = 2 o _ � , � � �) ® | � � - �■ .! �j _, PLACE CinILE E -� f § !!§ | �� § • , . ; � . §§ § _,PLACE m, f ! � \ 3 } §7 S __ . ► W � � Q � Z O Q U D J _ � � § ) ■ \ iL F- V) o _ � , � � �) ® | � � - �■ .! i -� !!§ | �� § • , . ; � . §§ § . ► W � � Q � Z O Q U D J _ � � § ) ■ \ iL F- V) Agenda Item No. 1661 September 27, 2005 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve the three (3) Adopt -A -Road Program Agreements with (2) new roadway recognition signs at a total cost of $150.00. The other signs already exist. OBJECTIVE. To approve for execution by the Board of County Commissioners, three (3) Adopt -A -Road Agreements signed by the participating volunteer groups. CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsor of the particular segment of roadway named in the Agreement to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: The County is responsible for acquiring and erecting recognition signage at either end of the roadway segment. The cost of each sign is $75.00. Staff expects to install (2) new signs at a total cost of $150.00. Remaining signage will come from existing inventory. Program expenses are budgeted in the Transportation Services Fund 101. RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups: Copeland Civic Association, Jose Marti Educational Foundation and Quail Communities Realty, and approve the 3 Adopt -A -Road Agreements. Prepared by: Margaret A. Ramos, Administrative Secretary, Road & Bridge Maintenance Department Attachments: Agreements (3) Agenda Item No. 16131 September 27, 2005 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1681 Item Summary: Recommendation to approve three (3) Adopt -A -Road Program Agreements with (2) new roadway recognition signs at a total cost of $150.00. The other signs already exist. Meeting Date: 9/2712005 9:00:00 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 9/6/2005 3:39 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9/712005 9:21 AM Approved By John Wet Roads Maintenance Superintendant Date Transportation Services Road Maintenance 9/712005 9:30 AM Approved By Rookmin Nauth Accounting Technician Date Transportation Services Transportation Administration 9/1212005 10:48 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/12/2005 10:49 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1212005 2:59 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/14/2005 8:32 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/15/2005 8:36 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/1512005 3:30 PM Commissioners Agenda Item No. 1681 September 27, 2005 Page 3 of 14 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this? 7 day o , 20� by and between Collier County (hereinafter the "COUNTY"), and the '54� volunteer group, Jose Marti Educational Foundation (hereinafter the "GROUP "), whose address is 1510 9a` St. SW, Naples, Florida 34117 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter -free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Santa Barbara Blvd. from Golden Gate Parkway to Green Blvd. (the "Adopted Roadway "), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 1681 September 27, 2005 r Page 4 of 14 — ; safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt -A -Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over - passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre- printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, - be retained by the GROUP during the term of this Agreement. 2 Agenda Item No. 1681 September 27, 2005 Page 5 of 14 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month -to- month, at -will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County -owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. Agenda Item No. 16B1 September 27, 2005 Page 6 of 14 E. NO ASSIGNMENT: This Agreement is non transferable and non - assignable in whole Orin part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman GROUP Jose Marti Educational Foun 'on By: �..,. Name(print). Title (print): Phone # (day): Phone # (night): 4 Agenda Item No, 1681 September 27, 2005 Page 7of14 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this°? 7 day of M0 by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Quail Communities Realty (hereinafter the "GROUP "), whose address is 4500 Executive Drive, Suite 230, Naples, Florida 34119 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter -free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Valewood Drive from Immokalee Road to Quail Creek Entrance (the "Adopted Roadway "), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 1681 September 27, 2005 Page 8 of 14 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt -A -Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. g. Not pick up litter at construction sites, in tunnels, on bridges or over- passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre - printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 .i Agenda Item No. 1681 September 27, 2005 Page 9 of 14 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month -to- month, at -will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County -owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by4he-CJoup . _ or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 Agenda Item No. 16131 • September 27, 2005 Page 10 of 14 E. NO ASSIGNMENT: This Agreement is non - transferable and non - assignable in whole or in part without the prior written consent of Collier County. F. NIISCELLANEOUS PROVISIONS: This Agreem ent is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk M. Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney M. Fred W. Coyle, Chairman GR7axnte(print): AIL COMMUNITIES REALTY By: S Pa Title (print): Phone # (day): S l� 2- Phone # (night): � 2 `f 4 Agenda Item No. 1681 s, September 27, 2005 Page 11 of 14 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this j "' day of ilk 2005'by and between Collier County (hereinafter the "COUNTY'), and the volunteer group, Copeland Civic Association (hereinafter the "GROUP "), whose address is P.O. Bog 95, Everglades City, Florida 34139 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter -free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as CR 837 West from Hwy 29 to Janes Scenic Drive (end of pavement) (the "Adopted Roadway "), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 1681 September 27, 2005 Page 12 of 14 r safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt -A -Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. g. Not pick up litter at construction sites, in tunnels, on bridges or over - passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre - printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 Agenda Item No. 1661 September 27, 2005 Page 13 of 14 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month -to- month, at -will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County -owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. Agenda item No. 16131 September 27, 2005 Page 14 of 14 r E. NO ASSIGNMENT: This Agreement is non - transferable and non - assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney : Fred W. Coyle, Chairman GROUP: COPELAND CIVIC ASSOCIATION By: Name(print): Title (print): Phone # (day): g)701,0 9 S' 1 VD Phone # (night): X 9 f2j - C1QQ 4 f— Agenda Item No. 16B2 September 27, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a First Amendment to Lease Agreement with Maureen Moran, Inc. OBJECTIVE: To approve and authorize execution of a First Amendment to Lease Agreement (Amendment) with Maureen Moran, Inc. regarding leased space located under the Goodland Bridge. CONSIDERATIONS: Since November 1997, the County has leased vacant land to Maureen Moran, Inc. (`Tenant'). The subject property is located below the Goodland Bridge. The Tenant uses this property for additional parking for its marina. At this time, the County has requested that the Lease be amended in order to clarify the Tenant's use of the leased space. The Amendment addresses the leased space as temporary and prohibits any portion of the property to be used to fulfill any development requirements of the Collier County Land Development Code, or the Marco Island Land Development Code. The leased property shall not be used for density calculations for any adjacent property or project that may be owned by the Tenant. All other remaining provisions contained in the existing lease shall remain the same. This Amendment has been reviewed by the Transportation Division, the County Attorney's Office, and Risk Management Department. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached First Amendment to Lease Agreement with Maureen Moran, Inc. Prepared by: Kevin Hendricks, Transportation Division Attachment: Amendment to Lease Agreement Agenda Item No. 1682 September 27, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16132 Item Summary: Recommendation to approve a First Amendment to Lease Agreement with Maureen Moran, Inc. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Kevin Hendricks Right Of Way Acquisition Manager Date Jay Ahmad Transportation Engineering and 1121/2005 3:39:07 PM Transportation Services Construction 8/18/2005 9:20 AM Approved By Construction Management Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 1/2412005 8:08 AM Transportation Services Transportation Services Admin 811812005 2:40 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date County Manager's Office Transportation Engineering and 1/25/2005 4:27 PM Transportation Services Construction Approved By Senior Management /Budget Analyst Date Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 318/2005 1:44 PM Approved By Jay Ahmad Director Date Transportation Engineering & 8/18/2005 9:20 AM Transportation Services Construction Management Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 811812005 2:40 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 8/19/2005 7:40 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 812412005 3:45 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 812512005 10:58 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 8130/2005 11:41 AM Commissioners Agenda Item No. 16132 September 27, 2005 FIRST AMENDMENT TO LEASE AGREEMENT Page 8eef-Y831 THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this day of . 2005at Naples, Collier County, Florida by and between Maureen Moran, Inc. whose mailing address is The Barge at Goodland Bridge, 3200 State Road 92, Goodland, Florida 33933, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR." WITNESSETH WHEREAS, Collier County and Maureen Moran, Inc. have previously entered into a Lease Agreement dated November 4, 1997; WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement -: and Ten Doiiars ($i(i.00) and other valuable consiaeration, said Lease Agreement is hereby amended as follows: The following provision shall be added to Article I of the Lease Agreement: LESSEE agrees and understands that LESSEE'S possession of the Demised Premises is temporary in nature, and that no portion of the Demised Premises shall be used to fulfill any development requirement of the Collier County Land Development Code, or the Marco Island Land Development Code, imposed upon, or made a condition of the approval of any development order, site development plan or Planned Unit Development for property located adjacent to, or outside the boundaries of the Demised Premises, including, but not limited to parking, open space, water management, landscaping or required yards. Any such use of the Demised Premises, or any use of the Demised Premises for density calculations is prohibited and shall be grounds for immediate termination of this Lease by LESSOR. 2. Except as expressly provided herein, the Lease Agreement between Maureen Moran, Inc. and Collier County, a political subdivision of the State of Florida, for the utilization of the Demised Premises described in said Lease Agreement dated November 4, 1997, 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. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk AS TO THE LESSEE DATED: %— U z/ Witness (Signature) (Print Name) Witness ignature) �L; fl�'F f mil / ✓/I, %�� (Print Name) Approved as to fon nd ! °gal sufficiency: Thomas . Palmer l Assistant County Attorney ` BOARD OF COUNTY COMMISSIONERS, COLLIFR COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN MAUKEEN Iv10 INC. BY: TI 1O1v1.AS LYNDON, P sident Agenda Item No. 1683 September 27, 2005 Page 1 of 24 EXECUTIVE SUMMARY Recommendation to approve, sign and execute an agreement with the State of Florida to participate in the Unified Certification Program (UCP). OBJECTIVE: To acquire Board approval to execute the UCP agreement between Collier County and the State of Florida Department of Transportation per Federal Transit Administration Regulation 49 CFR Part 26. CONSIDERATION: As a Federal Transit Administration grant recipient, Collier County must implement a Disadvantaged Business Enterprise (DBE) program to be in compliance with FTA regulations. FTA regulation 49 CFR 26, Subpart E — Certification Procedures Section 26.81 requires that all United States Department of Transportation (USDOT) recipients participate in a statewide Unified Certification Program (UCP). The Unified Certification Program agreement between Collier County and the Florida Department of Transportation is required in order to receive Federal Transit Administration grant funds for the transit system. The Unified Certification Program (UPC) is a statewide database of all Disadvantaged Business Enterprises (DBE) that meet the FTA requirements for designation as a DBE. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the execution of the Unified Certification Program agreement between Collier County and the State of Florida. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Attachment: Unified Certification Program Agreement Agenda Item No. 1663 September 27, 2005 Page 2 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16133 Item Summary: Recommendation to approve, sign and execute an agreement with the State of Florida to participate in the Unified Certification Program (UCP). Meeting Date: 9127/2005 9:00:00 AM Prepared By Lisa Hendrickson Management /Budget Analyst Date Transportation Services Alternative Transportation Modes 8/31/2005 9:28:52 AM Approved By Lisa Hendrickson Manage mentlBudgetAnalyst Date Transportation Services Alternative Transportation Modes 8131/2005 2:04 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 813112005 2:35 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/612005 10:27 AM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 916/2005 11:15 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 917/2005 9:42 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/812005 1:56 PM Approved By Director of Alternative Transportation Diane B. Flagg Modes ATM Director Date Transportation Services Alternative Transportation Modes 9112/2005 2:46 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9112/2005 4:54 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 7:41 AM Approved By Mark Isackson Budget Analyst County Manager's Office Office of Management & Budget Approved By Michael Smykowski Management & Budget Director Agenda Item No. 1663 September 27, 2005 Page 3 of 24 Date 9/14/2005 9:48 AM Date County Manager's Office Office of Management & Budget 9116/2005 8:21 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1712005 1:31 PM Agenda Item No. 16133 September 27, 2005 Page 4 of 24 State of Florida USDOT Recipients Unified Certification Program Pursuant to 49 CFR Part 26 Approved: Secretary, U.S. Department of Transportation This Day of 2004 Date Prepared: January 16, 2004 i Agenda Item No. 1663 TABLE OF CONTENTS September e 5 2005 Page 5 of 24 RECITALS ARTICLE 1- VISION ARTICLE 2- DE Section 2.01 Section 2.02 Section 2.03 Section 2.04 Section 2.05 Section 2.06 Section 2.07 FINITIONS Certifying Members Disadvantaged Business Enterprise ( "DBE ") Non - Certifying Members Personal Net Worth Recipient Small Business Concern Socially and Economically Disadvantaged Individuals Section 2.08 Executive Committee Section 2.09 Sub - Recipient Section 2.10 UCP Members ARTICLE 3- OR Section 3.01 Section 3.02 Section 3.03 Section 3.04 Section 3.05 GANIZATION OF THE UCP Members of the UCP- Recipients Responsible Certifying Member DBE Directory Management Transition of Currently Certified DBE's Executive Committee Duties ARTICLE 4- RIGHTS AND RESPONSIBILITIES OF UCP MEMBERS Section 4.01 Types of UCP Members Section 4.02 Certifying Member Rights and Responsibilities Section 4.03 Non - Certifying Member Rights and Responsibilities ii Agenda Item No. 16133 September 27, 2005 ARTICLE 5- RIGHTS AND RESPONSIBILITIES OF THE UCP Page 6 of 24 - Section 5.01 Section 5.02 Section 5.03 Section 5.04 Section 5.05 Section 5.06 Certification Decisions "One -Stop Shopping" Processing Out -of -State Applications Reciprocity with Other UCPs UCP Information Program Meetings for Continued UCP Monitoring ARTICLE 6- CERTIFICATION PROCEDURES Section 6.01 Certification Application Section 6.02 Certification Process Section 6.03 Certification Site Visit ARTICLE 7- APPEALS, COMPLAINTS, AND DISPUTES Section 7.01 Appeals/Third Party Complaints Section 7.02 Member Agreement Section 7.03 Notice Requirements Section 7.04 Member Disputes ARTICLE 8- TRAINING Section 8.01 Executive Committee Oversight Section 8.02 Training Costs ARTICLE 9- DBE DIRECTORY Section 9.01 Organization of the Directory Section 9.02 Availability ARTICLE 10- FEES /COSTS Section 10.01 UCP Membership Fee Section 10.02 DBE Applicant Firms ARTICLE 11- GENERAL PROVISIONS Section 11.01 Exhibits Section 11.02 Interpretation Section 11.03 Amendments Section 11.04 Compliance with Law Section 11.05 Signed Agreement Section 11.06 Severability Section 11.07 Successors Section 11.08 Execution iii Agenda Item No. 16B3 FLORIDA UNIFIED CERTIFICATION PROGRAM AGREEIMENW'age i o 24 RECITALS WHEREAS, 49 CFR Part 26 Subpart E- Certification Procedures Section 26.8 1, requires that all United States Department of Transportation ( USDOT) Recipients participate in a statewide Unified Certification Program (UCP); and WHEREAS, this Agreement establishes the UCP for the State of Florida; and WHEREAS, the UCP will comply with all certification procedures and standards set forth in Subparts D and E of 49 CFR Part 26 on the same basis as recipients; and WHEREAS, the UCP will cooperate fully with oversight, review, and monitoring activities of USDOT and its operating administrations; and WHEREAS, the UCP will implement USDOT directives and guidelines concerning certification matters; and WHEREAS, all certification by the UCP shall be pre - certification, i.e., certifications that have been made final before the due date for bids or offers on a contract on which a firm seeks to participate as a DBE; and WHEREAS, the UCP will render uniform certification decisions on behalf of all USDOT financial assistance recipients in Florida with respect to participation in the USDOT Disadvantaged Business Enterprise (DBE) Program; and WHEREAS, the UCP will provide "one -stop shopping" to applicants for DBE certification, such that an applicant need apply only once for a DBE certification that will be honored by all UCP Members in Florida; and Agenda Item No. 16133 Sept er 27, 2005 WHEREAS, the UCP shall develop and maintain an electronic DBE Directory o a$age 8 of 24 firms certified in Florida that will be available to the public on the Internet and in print and continuously updated with additions, deletions, and other changes; and WHEREAS, the UCP shall have sufficient resources and expertise to carry out the requirements of 49 CFR Part 26 Subpart E; and WHEREAS, all obligations of recipients with respect to certification and nondiscrimination must be carried out by UCPs, and that recipients may use only UCPs that comply with the certification and nondiscrimination requirements of 49 CFR, Part 26. NOW, THEREFORE, in consideration of the promises and covenants herein contained Florida UCP Members, agree to the following: ARTICLE 1— VISION Florida's USDOT Recipients share the common goal of creating a level playing field on which DBE firms can compete fairly for USDOT assisted contract awards, while enhancing the administration of the DBE Programs through the exchange of information and coordination of activities. In order to achieve the common goal, Recipients will establish the UCP for the State of Florida. 2 Agenda Item No. 16B3 ARTICLE 2 — DEFINITIONS September 27, 2005 Page 9 of 24 Terms and Definitions used by the UCP shall be those specifically defined in this Agreement, and in 49 CFR, Section 26.5, which is incorporated by reference herein: 2.01 Certifying Member A Florida Recipient as defined in 2.05, and UCP Member as defined in 2.10 and 3.01 who has a current DBE Program Plan approved by an appropriate USDOT Operating Administration that includes provisions for DBE certification and revocation processes. 2.02 Disadvantaged Business Enterprise (DBE) A for - profit small business concern, that is at least 51 % owned by one or more individuals who are both socially and economically disadvantaged, or, in the case of a corporation, in which at least 51 % of the stock is owned by one or more such individuals; and whose management and daily business operations of the entity are controlled by one or more of the socially and economically disadvantaged individuals who own it. 2.03 Non - Certifying Member A Florida Recipient as defined in 2.05, or UCP Member as defined in 2.10 and 3.1 who has a current DBE Program Plan approved by an appropriate USDOT Operating Administration that does not include provisions for DBE certification and revocation processes. 2.04 Personal Net Worth The net value of the assets of an individual remaining after total liabilities are deducted. Pursuant to 49 CFR Section 26.67 and as used herein, the personal net worth of each disadvantaged owner of an applicant or a DBE firm, excluding the individual's ownership interest in the applicant or a DBE firm and the individual's equity in his or her primary place of residence, must not exceed $750,000. As of the effective date of this Agreement, the personal net worth requirement is not applicable to airport concessions. 2.05 Recipient Any entity, public or private, to which USDOT financial assistance is extended, whether directly or through another recipient, through the programs of the Federal Aviation Agenda item No. 1663 pterr)ber 27, 2005 Authority (FAA), Federal Highway Administration (FHWA) or the Federal 1 ranObge 10 of 24 Authority (FTA), or who has applied for such assistance. 2.06 Small Business Concern A Small Business Concern is as defined in Small Business Administration regulation 13 CFR Part 121 and in 49 CFR, Part 26; Section 65. 2.07 Socially and Economically Disadvantaged Individuals Any individual who is a citizen or lawfully admitted permanent resident of the United States and who is: (a) Any individual who a recipient finds to be socially and economically disadvantaged individual on a case -by -case basis. (b) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: (i) `Black Americans" which includes persons having origins in any of the Black racial groups of Africa; (ii) "Hispanic Americans" which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; (iii) "Native Americans" which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (iv) "Asian- Pacific Americans" which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; (v) "Subcontinent Asian Americans" which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal, or Sri Lanka; (vi) Women; 4 Agenda Item No. 16133 (vii) Any additional groups whose members are designated as socie ber 27, 2005 a"Yc,AP411 of 24 economically disadvantaged by the SBA at such time as the SBA designation becomes effective. 2.08 Executive Committee A single standing committee, comprised of the Manager of the Equal Opportunity Office in the Florida Department of Transportation (FDOT) or his/her designee, a Certifying Member selected annually by and among the FAA UCP Members, and a Certifying Member selected annually by and among the FTA UCP Members. 2.09 Sub - Recipient Any entity, public or private, to which USDOT financial assistance is extended through another Recipient. 2.10 UCP Members All Florida Recipients participating in this Agreement as described in 3.01 and 11. 05, including both Certifying and Non - Certifying Members. 5 Agenda Item No. 1683 September 27, 2005 ARTICLE 3 — ORGANIZATION OF THE UCP Page 12 of 24 3.01 Members of the UCP — Recipients Pursuant to Section 26.81(a), all USDOT recipients in this State shall participate in a UCP. All recipients, including airports and transit properties, that receive funds directly from FHWA, FAA or FTA must agree in writing to participate as members in the UCP. Signatures to the UCP agreement of all USDOT recipients in this State shall be maintained on file in the FDOT Equal Opportunity Office. 3.02 R_ esponsible Certifying Member It is the intent of this Agreement that a Certifying Member will be responsible for certifying DBE's who perform work in their respective fields of expertise (highway and bridge, aviation, and transit). If a DBE firm performs work unique to aviation or transit, and there is no available FAA or FTA Certifying Member in the local area, the FAA or FTA Members will coordinate and agree on the designation of a Responsible Certifying Member. The FAA or FTA Member designated as the Responsible Certifying Member shall either be located in the vicinity of the applicant or DBE firm or have an on -going contract or business relationship with the firm. Non - certifying Members shall likewise consider the location of the applicant or DBE firm and any on -going contract or business relationships with the firm when forwarding an application or a DBE file to a Responsible Certifying Member. To this end Responsible Certifying Members shall be responsible for DBE certifications as follows: a) FDOT shall be the Responsible Certifying Member for those firms primarily engaged in the delivery of highway, road and bridge related goods and services. These goods and services may include, but are not limited to, heavy highway construction contractors, road and bridge contractors, specialty construction contractors, engineering consultants, specialty consultants, highway, road and bridge related material suppliers and fabricators and highway, road and bridge related maintenance services. 2 Agenda Item No. 16B3 b} An FAA UCP Member shall be the Responsible Certifying Memlert ember 27, 2005 �� of 24 firms that are primarily engaged in the delivery of aviation related goods and services, including concessionaires. These goods and services may include, but are not limited to, food service and other aviation specialty firms. c) An FTA UCP Member shall be the Responsible Certifying Member for those firms that are primarily engaged in the delivery of transit related goods and services. These goods and services may include, but are not limited to, transit services generally, transit maintenance services and transit related materials and supplies. 3.03 DBE Directory Management UCP Members hereby acknowledge that FDOT is the major recipient of FHWA funds in the State of Florida, has the largest DBE certification program in the State, and maintains a Directory of certified DBEs that is available electronically and in printed form to Florida Recipients, contractors, and other interested members of the general public. 3.03.1 FDOT shall serve as Manager for the UCP's electronic DBE Directory, which shall include all DBE certifications made by Certifying Members. 3.03.2 FDOT, as DBE Directory Manager, shall assume the following responsibilities with regard to the DBE Directory: (a) Keep and maintain the up -to -date electronic DBE Directory; (b) Ensure its availability to all UCP Members and other interested parties; (c) Make available printed copies of the Directory upon request; and (d) Provide Certifying Members with access to certification information in the DBE Directory through the Internet. 3.03.3 Certifying Members will, within 3 business days of receipt of any new application for DBE certification, complete input to a Directory application screen, whenever a new application for DBE certification is received, so that other Certifying Members will not process or otherwise duplicate work on any DBE application. 7 Agenda Item No. 16133 te27, 2005 3.03.4 When a Certifying Member makes a DBE certification approval decision, inroirn 14 of 24 shall be submitted, through the Internet, by the Certifying Member, directly to the DBE Directory within three (3) business days of said approval. Pursuant to 49 CFR, Section 26.3 1, this information shall include: a) Firm Name, Street Address, P.O. Box, Telephone and Facsimile Numbers, and e- mail address; b) Name of Majority Owner, Gender, and Minority Code; C) Type(s) of work performed by the DBE using North American Industry Classification system (NAICS) adopted by the SBA on October 1, 2000, and other work specialty codes as needed; d) Name of Certifying Member; e) Expiration Date of DBE Certification; and f) Any other appropriate information, as agreed upon by UCP Members. 3.03.5 Certifying Members shall also input, through the Internet, within three (3) business days of the action, information as required in 3.03.3 on firms denied DBE certification. This information will be input on the DBE Status Page. 3.03.6 Firms denied DBE certification by a Certifying Member are eligible to re- submit a DBE application after one (1) year. 3.04 Transition of Currently Certified DBEs Each UCP Member shall electronically submit its current DBE Directory to the DBE Directory Manager (FDOT) for inclusion into the UCP's DBE Directory. Each UCP Member Directory shall include complete information as required in 3.03.4, and a statement attesting to the fact that each DBE firm submitted has been certified under the provisions of 49 CFR Part 26. 3.04.1 The Executive Committee shall meet and review those certified DBE firms submitted by Certifying UCP Members, and will determine the appropriate Certifying Member who will be responsible for future certification and re- certification of the DBE. 8 Agenda Item No. 1683 3.04.2 Upon determination by the Executive Committee of the appropriate Certifyine14 9 r 27, 2005 g �9gTg 5 of 24 the Certifying UCP Member having possession of the DBE firm's certification file will be notified, and shall immediately forward that DBE file to the responsible Certifying Member, who shall assume custody and responsibility for the DBE file. 3.04.3 Presently certified non - Florida DBE firms must document current DBE certification by the DOT of the state in which they are domiciled or that state's UCP, if it is in place, prior to being included in the DBE Directory. 3.04.4 Designation of a Responsible Certifying Member for a non- Florida DBE firm shall follow the same process as described above. 3.05 Executive Committee Duties It is agreed that upon approval by the Secretary of the USDOT, the Executive Committee shall begin implementing the provisions of this agreement and the Implementation Plan, attached as Exhibit C. 3.05.1 The Executive Committee shall meet as necessary to provide oversight and ensure compliance with 49 CFR Section 26.81. The Executive Committee shall at all times seek the participation, and may call special meetings of all UCP Members to ensure compliance with said regulation. 3.05.2 The Executive Committee may establish special committees, by majority vote, which may include, but are not limited to, Airport Concessions, UCP Member Dispute Resolution, UCP Process, Quality Assurance, Training, and Intake. 3.05.3 The Executive Committee will ensure that the UCP has sufficient resources and expertise to carry out the requirements of 49 CFR Section 26.81. 3.05.3 The Executive Committee will advise all UCP Members when it appears resources and expertise are not sufficient to carry out the requirements of 49 CFR Section 26.81. 6 Item No. 1683 mber 27, 2005 Page 16 of 24 4.01 Types of UCP Members Florida recipients acknowledge that this Agreement provides for two (2) classes of members, Certifying Members and Non - Certifying Members as defined in 2.01 and 2.03, and that each class shall have specific rights and responsibilities as set forth herein. 4.02 Certifying Member Rights and Responsibilities Each Certifying Member shall have the following rights and responsibilities: (a) Comply with the terms and conditions of this Agreement. (b) Collect and evaluate information received regarding DBE certification applications, conduct site visits, and make certification decisions as to DBE status, in accordance with 49 CFR Part 26. (c) Promptly provide current information to the DBE Directory as required by and in the manner prescribed in 3.03 above. (d) Update the DBE Directory with all new and updated information (renewals, removals, change of address, etc.). (e) Retain and maintain appropriate DBE certification files. (f) Make file information available to other USDOT recipients and other state UCPs in response to questions or complaints, upon written request. (g) Upon request of a UCP Member, may conduct a site visit to a DBE applicant in its vicinity. (h) Process annual updates to verify continuing eligibility of DBE firms certified by it. (i) Perform specific file reviews at any time upon request by a UCP Member. (j) Make timely final decisions on DBE applications as outlined in 49 CFR Section 26.83(k) or within (90) ninety days of receipt of all information. (k) Provide information on any certified DBE upon request by a UCP Member. 4.03 Non Certifying Member Rights and Responsibilities Each Non - Certifying Member shall have the following rights and responsibilities: „- (a) Comply with the terms and conditions of this Agreement. (b) Promptly forward DBE applications to the Responsible Certifying Member. 10 Agenda Item No. 16133 (c) Provide information on any certified DBE upon request by a UCM er • 17 o of 27, f 24 ARTICLE 5 — RIGHTS AND RESPONSIBILITIES OF THE UCP 5.01 Certification Decisions The UCP shall maintain processes and programs that conform to the overall certification standards set out in 49 CFR Part 26. Certification decisions made by UCP Certifying Members shall be binding on all DOT recipients with respect to participation in the DBE Program. In the event of a conflict, the UCP, through the Executive Committee, shall make a final decision, subject to the provisions of 49 CFR, Part 26. 5.02 "One -Stop Shopping" The UCP shall provide "one -stop shopping" to applicants for DBE certification in Florida, such that an applicant is required to apply only once for a DBE certification that will be honored by all UCP Members. 5.03 Processing Out -of -State Applications The UCP will not process a new application for DBE certification from a firm having its principal place of business in another state unless the firm has already been certified in that state. When a Certifying Member processes an out -of -state application, a full certification application file with all supporting documentation will be compiled by the Certifying Member, including a copy of the Site Visit Report obtained from the applicant's home state or from the state's UCP if it is in place, before the firm is included in the DBE Directory. 5.04 Reciprocity With Other UCPs It is understood that: (a) The UCP, through its Executive Committee, may enter into written reciprocity agreements at any time with UCPs of other states subject to approval of USDOT. (b) Such reciprocity agreement(s) must outline the specific responsibilities of each participating UCP. 11 Agenda Item No. 16133 September 27, 2005 (c) The UCP, and its Members, may accept a DBE certification decision, Page 18 of 24 made by another UCP or state DOT, on a case -by -case basis. (d) The UCP, and its Members, shall share information concerning Florida DBE firms or applicants with other UCPs and state DOTs upon written request. 5.05 UCP Information Program UCP Members and the Executive Committee will provide information on the Florida UCP to the public and to DBE applicant firms; provide individuals and firms seeking DBE certification with UCP applications; accept DBE applications from any applicant firm, and forward DBE applications to the appropriate Certifying Member for processing. 5.06 Meetings for Continued UCP Monitoring The UCP, through its Executive Committee, shall hold a statewide membership meeting at least once a year or more often as needed for continued monitoring of the UCP, and on -going processes. - 5.06.1 The Executive Committee shall notify UCP Members in writing of the date and location of the meeting at least (30) thirty days in advance of the meeting. 5.06.2 A majority of those recipients having agreed in writing to participate as members of the UCP shall constitute a quorum for conducting UCP business. 5.06.3 When a quorum is established at a meeting, a majority vote of those members present and voting shall be required to pass on a matter. ARTICLE 6 — CERTIFICATION PROCEDURES 6.01 Certification Application UCP Members agree to utilize the USDOT Disadvantaged Business Enterprise Certification Application format attached as Exhibit A. 12 6.02 Certification Process 6.03 7.01 7.02 Agenda Item No. 16133 September 27, 2005 Page 19 of 24 The UCP and its Members shall follow DBE certification processes and adhere to standards set forth in 49 CFR Part 26, Subparts D and E, Certification Procedures, as well as those guidelines set forth herein or otherwise attached hereto. Certification Site Visits Certifying Members shall conduct a site visit to the principal place of business of an applicant firm prior to DBE certification and submission or direct input via the Internet to the DBE Directory. (a) Certifying Members will utilize the On -Site Review Checklist, which is included as Exhibit D herein. (b) Certifying Members may conduct site visits for one another when requested, in instances where the member requested is geographically close to the DBE's location. ARTICLE 7 — APPEALS COMPLAINTS AND DISPUTES Apaeals/Third Party Complaints DBE Certification appeals and third party complaints may only be filed with the Certifying Member whose action is being appealed or complained about and shall be handled in accordance with 49 CFR Part 26, Sections 26.85, 26.87, and 26.89. Member Agreement This Agreement recognizes that each Certifying Member has a DBE Program Plan approved by USDOT, and that each such Program Plan may be unique. Therefore, it is herein agreed, that actions under this Section shall, in addition to the foregoing requirements of 49 CFR Part 26, comply with the process and procedure provided for in those individual DBE Program Plans. External or Internal Complaints regarding certification decisions of a Certifying Member may only be filed with that Certifying Member, and shall be processed in accordance with 49 CFR Part 26, Section 26.87, or as otherwise provided for herein. 13 7.03 Notice Requirements Agenda Item No. 16133 September 27, 2005 Page 20 of 24 An action by a Certifying Member (certification denial, de- certification, etc.) shall be in writing, and shall: (a) Be delivered via Certified U.S. Mail, Return Receipt Requested. (b) Be specific as to the action being taken. (c) Be specific as to the basis of the action. (d) Be specific as to the facts relied upon. (e) Advise the party of the right to appeal. (f) Provide detailed information on the appropriate appeal process. 7.04 Member Disputes UCP Members shall make every effort to resolve disputes that may arise between them. 7.04.1 Unresolved Member Disputes When UCP Members are unable to resolve an internal dispute, the matter will be submitted to the Executive Committee for resolution. The decision of the Executive Committee shall be binding on all those UCP Members subject to the provisions of 49 CFR Part 26. ARTICLE 8 — TRAINING 8.01 Executive Committee Oversight The Executive Committee shall retain DBE certification oversight of UCP Members. FDOT will be responsible for DBE certification training of UCP Members. Upon approval of the Executive Committee, FDOT may provide, or otherwise arrange for, DBE certification training for any Certifying Member upon request or it may require a Certifying Member to attend DBE certification training in order to ensure compliance with the provisions of this Agreement and 49 CFR Part 26. 8.02 Training Costs Certifying Members requesting DBE certification training through FDOT, or who have been required to obtain such training, agree to bear the costs and expenses for said training. 14 Agenda Item No. 1683 ARTICLE 9 — DBE DIRECTORY September 27, 2005 Page 21 of 24 9.01 Organization of the Directory The DBE Directory shall be organized and maintained by FDOT, using industry standard state -of -the -art software. All UCP Members agree to maintain compatible software and systems in order to best use the electronic DBE Directory, and to timely provide DBE certification information and updates for the DBE Directory. 9.02 Availability The DBE Directory shall be available electronically on the Internet (and in printed form, when requested) to UCP Members, contractors, and other interested parties. ARTICLE 10 — FEES /COSTS 10.01 UCP Fees The UCP may assess its Members such fees as may, from time to time, be required in order to operate and maintain the UCP, ensuring that resources and expertise are sufficient. The Executive Committee shall certify the need for a fee assessment to Members at statewide membership meeting, and shall recommend a fee amount to the Members. Members shall vote to approve the imposition of any such fee. UCP Members that receive less that $250,000.00 annually from USDOT shall be exempt from the payment of any such fees. 10.02 DBE Applicant Firms Certifying Members may charge a reasonable fee for DBE certification application processing. 15 Agenda Item No. 16133 September 27, 2005 ARTICLE 11— GENERAL PROVISIONS Page 22 of 24 11.01 E_ x hibits. All exhibits to this Agreement are incorporated herein by reference and made a part hereof. 11.02 Interpretation Article and section headings and Table of Contents are for convenience only and shall not affect construction of this Agreement. 11.03 Amendments This Agreement may not be amended, modified, or supplemented except by an instrument in writing agreed to the UCP Members. Not withstanding the foregoing, should any provisions of 49 CFR Part 26 be changed or modified, corresponding provisions of this Agreement shall be modified accordingly. 11.04 Compliance with Law UCP Members agree that the operation of this Agreement and performance of all obligations hereunder shall at all times comply with 49 CFR Part 26 and with applicable federal and state laws. 11.05 Sinned Agreement This Agreement will become effective upon approval by the Secretary of USDOT, and will be fully operational within (18) eighteen months of approval. By executing the Signature and Declaration of Status page of this Agreement recipients agree to become Members of the UCP, and agree to accept the terms and conditions of this Agreement. Following USDOT approval, a recipient may become a member by submitting a fully executed Signature and Declaration of Status page from this Agreement to the Executive Committee, which shall be delivered to FDOT's Equal Opportunity Office, where it shall remain on file. 12 Agenda Item No. 16133 11.06 Severability September 27, 2005 Page 23 of 24 Should any part, term, portion, or provision of this Agreement be in conflict with any law of the United States or of the State of Florida, or otherwise be unenforceable or ineffectual, the remaining provisions shall be deemed valid and severable, and not affected thereby. 11.07 Successors This Agreement shall be binding upon and inure to the benefit of any successors or assigns of the UCP Members. 11.08 Execution Execution of this Agreement by UCP Members shall comply with appropriate procedures, resolutions, authorized signatures, and required filings pursuant to the law governing each UCP Member. This Agreement will be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 17 Agenda Item No. 1683 September 27, 2005 STATE OF FLORIDA Page 24 of 24 UNIFIED CERTIFICATION PROGRAM UCP AGREEMENT SIGNATURE and DECLARATION OF STATUS IN WITNESS WHEREOF, the UCP Members execute this Agreement prepared 2005, by authorized signatures, and attached resolutions if appropriate. ATTEST: Signature Name, printed Signatory Entity Name, printed Signature and Title Name and Title, printed r� This � ' day of Approved a j �o jor-%! 2005 VIV (Attorney' Signatory Certifying Member Status ❑ Non - Certifying Member Status X 18- Agenda Item No. 16134 September 27, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve the use of transportation disadvantaged funds (427) to purchase a para- transit bus in the amount of $80,253 under state contract #FVPP - 05-CA-4. OBJECTIVE: To acquire approval to purchase a para- transit bus utilizing transportation disadvantaged funds (427). CONSIDERATION: The Collier Transit system's current service level requires an additional bus to provide transportation services to the elderly and disabled residents of Collier County. Staff requests approval to purchase one para - transit bus from Getaway Marketing, Inc. at a cost of $80,253 under state contract #FVPP- 05 -CA -4. The bus will be purchased utilizing County transportation disadvantaged funds. FISCAL IMPACT: The total cost for the para - transit bus is $80,253. The purchase will be funded from Fund 427, Project 31 126. GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve: (1) the purchase of a para- transit bus through Getaway Marketing, Inc. under state contract #FVPP- 05 -CA -4. The total amount of this expenditure is $80,253; and (2) approve any budget amendments required. Prepared by: Lisa Hendrickson, Senior Planner, Department of Alternative Transportation Modes Agenda Item No. 16B4 September 27, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B4 Item Summary: Recommendation to approve the use of transportation disadvantaged funds (126) to purchase a para- transit bus in the amount of $80,253 under State contract #FVPP- 05 -CA -4. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Lisa Hendrickson Management/Budget Analyst Date Diane B. Flagg Alternative Transportation Modes 813112005 9:44:24 AM Transportation Services Alternative Transportation Modes 911212005 2:47 PM Approved By Lisa Hendrickson Management/Budget Analyst Date Transportation Services Alternative Transportation Modes 813112005 2:06 PM Transportation Services Approved By Brenda Brilhart Purchasing Agent Date 91612005 10:36 AM Administrative Services Purchasing Approved By Norm E. Feder, AICP Transportation Division Administrator p Date Transportation Services Transportation Services Admin. 91612005 12:42 PM Approved By Barbara LaPierre Mana ement/BudgetAnalyst 9 Date Transportation Services Transportation Operations 917/2005 9:07 AM Approved By Sharon Newman 9 Supervisor Accounting Date Transportation Services Transportation Administration 91712005 9:46 AM Approved By Mike Hauer Acquisition Manager Q Date 91712005 9:49 AM Administrative Services Purchasing Approved By Steve Carnell Purchasing /General Svcs Director Date 9/7/2005 10:44 AM Administrative Services Purchasing Approved By Director of Alternative Transportation Date Diane B. Flagg Modes ATM Director Transportation Services Alternative Transportation Modes 911212005 2:47 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/12/2005 5:02 PM Approved By OMB Coordinator Administrative Assistant County Manager's Office Office of Management & Budget Approved By Mark Isackson Budget Analyst Agenda Item No, 16134 September 27. 2005 Page 3 of 3 Date 9/13/2005 7:42 AM Date County Manager's Office Office of Management & Budget 9119/2005 5:05 PM Approved By Michael Smykowski Management & Budaat ni—t. . County Manager's Office Office of Management & Budget 9/19/2005 5:44 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/20/2005 1:32 PM Agenda Item No. 1685 September 27, 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve the purchase of Parcel Nos. 148A and 148C required for the construction of the six - laning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $20,300.00. OBJECTIVE: To approve a Purchase Agreement for the acquisition of right -of -way required for the construction of the six - laning improvements to Collier Boulevard. CONSIDERATIONS: The subject property is located west of Collier Boulevard (CR 951) at the Indigo Lakes Drive intersection. Portions of the property, Parcels 148A and 148C (0.3024 acres right -of -way, fee simple purchase) are necessary to construct the roadway, drainage and utility facilities for the six -lane improvements to Collier Boulevard scheduled to commence in the fall of 2005 (see Exhibit "A" attached hereto). These parcels were set aside for future right - of -way pursuant to a PUD commitment by the developer, Kenco Development, Inc. In accordance with Section 4.5 E, Collier County Ordinance No. 01 -53, known as the Indigo Lakes PUD, these 60 feet of right of way was to be dedicated to the County in exchange for impact fee credits. Although set aside, these parcels were never dedicated or conveyed to the County. Efforts were undertaken in 2003 to finalize this commitment through a developer's contribution agreement, but due to a dispute over the value of these parcels, the agreement was never -- completed. The development has now been completed and the Developer can no longer utilize impact fee credits, but wishes to sell these parcels for the fiscal equivalent of these impact fee credits. In an effort to resolve this matter without further delay and in recognition of the facts specific to this matter, the parties have agreed to a purchase price of $20,300, which is equivalent to the fair market value of this land as of 2001. Staff believes that the exchange of these parcels for cash instead of impact fee credits in this situation will serve the purpose and intent of Ordinance 01 -53 and the Consolidated Impact Fee Ordinance. FISCAL IMPACT: Total expenses will not exceed $20,390.00 including the purchase price for the land, title insurance, closing services and recording fees. Source of funds are impact fees and gasoline taxes. GROWTH MANAGEMENT IMPACT: As the Collier Boulevard six -laning project is a part of the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Find that the payment of cash in lieu of impact fee credits is the fiscal equivalent of s. 4.5E, Collier County Ordinance 01 -53, and meets the intents and purposes of that section of the PUD ordinance, the Collier County Consolidated Impact Fee Ordinance and s. 2.03.06(K) of the Collier County Land Development Code; ..--° Agenda Item No. 16135 September 27, 2005 Page 2 of 9 2. Approve the Purchase Agreement for Collier Boulevard Project Parcel Nos. 148A and 148C, in the amount of $20,300.00 and authorize its Chairman to execute same on behalf of the Board; 3. Authorize payment to the Owner in the amount as shall be specified on a Closing Statement; 4. Accept delivery of the Warranty Deed for the property as provided under the Purchase Agreement; 5. Authorize staff to close the real estate transaction, and to record said deed in the public records of Collier County, Florida; and 6. Authorize any and all budget amendments, which may be required to carry out the collective will of the Board. Prepared by: Margaret Kreynus, Transportation Engineering & Construction Management — Right -of -Way Attachment: Purchase Agreement ,-^ Agenda Item No. 16135 September 27, 2005 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16135 Item Summary: Recommendation to approve the purchase of Parcel Nos. 148A and 148C required for the construction of the six - laning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $20,300.00. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Director Date Margaret Kreynus p Y uisition Specialist Property Ac q Date Transportation Services Construction Management 916/2005 1:33:47 PM Transportation Services TECM -ROW Approved By Executive Secretary Date Norm E. Feder, AICP Transportation Division Administrator P Date Transportation Services Transportation Services Admin. 91612005 3:15 PM Approved By Gary Putaansuu Project Manager Senior Pro l Date Transportation Engineering and 9 /6/2005 3:55 PM Transportation Services Construction Approved By Sharon Newman 9 Supervisor Accounting Date Transportation Services Transportation Administration 919/2005 5:31 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 9/12/2005 12:52 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Engineering and 9/12/2005 12:57 PM Transportation Services Construction Approved By Lisa Taylor Management/BudgetAnalyst Date Transportation Services Transportation Administration 9112/2005 2:54 PM Approved By Jay Ahmad Director Date Transportation Engineering & 9112/2005 4:47 PM Transportation Services Construction Management Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 911312005 12:07 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Approved By Michael Smykowski Office of Management & Budget Management & Budget Director Agenda Item No. 1665 September 27, 2005 Page 4 of 9 9/13/2005 2:55 PM Date County Manager's Office Office of Management & Budget 9/16/2005 8:32 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1712005 2:16 PM PROJECT: 65061 PARCEL: 148A and C FOLIO: 51977997004 AGREEMENT Agenda Item No. 1665 September 27, 2005 Page 5 of 9 THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this day of , 2005, by and between KENCO DEVELOPMENT, INC., a Florida corporation, whose mailing address is Naples, Florida 34120 -4430 (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County "). WHEREAS, in accordance with Section 4.5 E., County Ordinance No. 2001 -53, which repealed and superseded Ordinance No. 99 -71, also known as the Indigo Lakes PUD, Owner was required to dedicate up to sixty (60) feet of right -of -way ( "R/W Commitment ") to Collier County for the expansion of Collier Boulevard (CR 951) and in exchange for impact fee credits, a portion of which is legally described in Exhibit "A" (attached hereto and made a part hereof by reference), also known as Collier Boulevard Parcel Nos. 148A and C (hereinafter "the Property"); and WHEREAS, this right -of -way has never been conveyed or dedicated to the County by Owner, but, rather, a portion platted as Tract A (now known as Parcel 148B) was conveyed to the Indigo Lakes Master Association ( "Association ") in 2005; and WHEREAS, Owner commenced efforts regarding the Developer Contribution Agreement in 2001, and submitted its opinion of value of the R/W Commitment in 2003; and WHEREAS, a Developer's Contribution Agreement between Owner and the County was never finalized due to a dispute between the parties; and WHEREAS, Owner has completed its development and can no longer utilize the impact fee credits to be exchanged and desires to accept the fiscal equivalent of impact fee credits, which equivalent is represented by the "Purchase Price" below; and WHEREAS, the Board of County Commissioners of Collier County has found that the purchase of the Property meets the intent and purpose of s. 4.5(E) of Ordinance 01- 53, the Collier County Consolidated Impact Fee Ordinance and s. 2.03.06(1) (formerly s. 2.2.20.3.7) of the Collier County Land Development Code; and WHEREAS, the Association has agreed to convey title to Parcel 1488 to the County in exchange for monetary consideration, and Owner has agreed to waive any claim it may have arising out of the right -of -way dedication of Parcel 14813; WHEREAS, Owner desires to convey the Property right -of -way to County under the following terms and condition . 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are. made a part of this Agreement. 2. Owner shall convey marketable title to the Property to Purchaser for the sum of: Parcel 148A $ 1,400.00 Parcel 148C $ 18,900.00 TOTAL: $ 20,300.00 Agenda Item No. 16B5 (said transaction hereinafter referred to as the "Closing "). Said pRyliiegge 7, 2005 Owner, payable by County Warrant, shall be full compensation for the Property e 6 of s conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including attorneys' fees, appraisal fees and all costs as may be provided in Chapter 73, Florida Statutes. 3. 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. 4. Closing shall occur within thirty (30) 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. 5. Owner represents that, during its ownership of Parcels 148A and C, all uses of these Parcels have been and presently are in compliance with all Federal, State and Local environmental laws; that, during its period of ownership of Parcel 148A and C, 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 actual knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Parcels to be conveyed to the County, that the Owner has not received notice and otherwise has no actual knowledge of a) any spill on the Parcels, b) any existing or threatened environmental lien against the Parcels or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Parcels. 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 for a period of one year and is not deemed satisfied by conveyance of title. 7. County shall pay all fees to record the deeds any curative instruments required to clear title and recording fees. All costs and/or fees associated with securing and recording any curative instruments required to clear title and the Release or Subordination of any mortgage, lien or other encumbrance, including any compensation required to be paid in order to secure a release, shall be the sole responsibility of the Owner. The parties acknowledge that this Property is being acquired under threat of condemnation and therefore no documentary stamp taxes will be imposed. 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. Owner will release and hold the County harmless from all damages, claims, expenses, costs, actions and liabilities arising out of or related in any way to the right -of -way dedication contained County Ordinance 2001 -53, and its predecessor ordinance, its implementation by the County, and the acquisition of Parcels 148A, B and C by the County. This release shall survive Closing. Purchase Agreement Page 2 Agenda Item No. 16B5 September 27, 2005 Page 7 of 9 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this 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. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. 12. The Parties acknowledge and agree that the Closing of each Parcel satisfies the requirements of Ordinance 01 -53, and local law, and that upon said Closing, Owner agrees to release the County from any claims it may have which relate to or arise from this Right -of -Way Commitment and the application of Ordinance 01 -53, the Collier County Consolidated Impact Fee Ordinance and the Land Development Code to Owner and the Property. This provision will apply notwithstanding Owner is able to convey only Parcels 148A and C, but in that event, the release will be limited to any claims pertaining to those portions of the RNV Commitment designated as Parcels 148A and 148C. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2005. Acquisition and acceptance of the right -of -way is authorized by Ordinance No. 01 -53, superseding Ord. No. 99 -71, and Resolution No. 2004 -209. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO OWNER: DATED: - - — (Print Name) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Purchase Agreement BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Fred W. Coyle, Chairman KENCO DEVELOPMENT, INC., a Florida Corporation BY: L10A i e (Sign ture) Name: (Print !r�es�,81&-T ty V'-c e. Title _ V (Print Ti) Page 3 t Agen , Ite�¢� 6B5 REXHU3�� Sept rnt of 9 o Pawl— of-2 I of 9 I Z 00 oL UV) !- 0 sa ao 100 n I I GRAPHIC SCALE O `- ~] LINE TABLE Om O UN LENGTH BEARPNO mC� �O ' I I C) NOTES: U ' I EXISTING I � 1. This is not a survey. WEST �y ROW LINE 2.. 8a3la of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'3S' W, Florida State Plane Coordinates NAD 83190, East Zone. p I 3. Sutljcct to easements, reservations and a restrictions or record. OI 4. Easements shown hereon are per plat, unless O otherwise noted. r~ 5. ROW represents Right -of -Way. ,ter 6. P,O:B. represents Point of Beginning. LO 7. P.O.C. represents Point of Commencement. CA 8. O.R, represents Official Records. I 9. L.B.E. represents Landscape Buffer Easement. 0x I 10. U.E. represents Utility Easement, 20' L.B.E. -i V DESCRIPTION: „i Tract "D -1 ", Indigo Lakes Unit One, as recorded INDIGO LAKES UNIT ONE -t to in Plot Book 34, Pages 74 -84 of the Public PLAT BOOK 34, PAGES 76 -84 C7 Records of Collier County, Florida r 10' U.E. M I Containing 900.74 sq. feet or 0.0207 acres, more or -less. PARCEL z 148A o Tract "A' U k INDIGO LAKES 5 f I DRIVE 8 606'0' 'W TRACT D-11 .__. -L L2 S89'56'00' E 60.05' 10' L.B.E. I I ° I I d� FEE SIMPLE a a _ INTEREST �QQN 2� /1 m %. a DAVID J. HYA76y'P.S.M, OR THE FIRM) o FLORIDA LLIC. NO. 5834 05 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED I I SURVEYOR AND MAPPER.. CERTIFICATE OF AUTHORIZATION 15 #43 ]JECT 140. 65061 PARCEL N0. 148A CUENT: COLLIER COUNTY DEPARTMENT ++w ..xwuaem OF TRANSPORTATION W ft �lie r TIME. PWM gpmeA•p 4 so�nnra , t+ poA�cb .1r raIaM SKETCH & DESCRIPTION WWonMglsr, Ina XM ✓11�MFatMRf' BviwlJ loAOO OA7Fj PROJECT NO.t ft* J>re M3 1144K iAt�N7l6dA1•Ngr} !y{plp Fq lJAB(}6rlB 02 /.1005 N6015- 005 -000 4B4 OFBX! FILE N0.t r 24, 2004 — 13:08:44 MLAMUREIX: \SU w.. E \Mania \a -...n .__ A —BJ? PARCEL. --,, , 148_ N89'56'06 20' L.B.ET INDIGO LAKES UNIT ONE (w,1 PLAT BOOK 34, PAGES r� .76 -84 10' U.E. L Tract " INDIGO LAKES DRIVE 10' L.B.E. O ^Q . Q ri LO U Q A O txrr H z 0 W U U? r I M I U I U 0 -1 I I I o I ( o� :M W EXISTING • Q WEST �Qn ROW .LINE "O I Q�C3 o ' I uECT M. 65061 1 PARCEL N0• ` 148C � rw,..•au.trsaw - misommater, PATWS avh"N FodapWr Bun+Y�'tsndanp�HdrEeob TranrOahElon Com+Mnb 1'ig18011flf� 1110. , Ndu roiWn- nsm -6udro TOO . tl00BA4tiM,&*x* F4004"t W"#Wocd"dram 24, 2004 — Mae.'" U LAMUREI X: \SUR\NS015 \931sdT00.dwq Agenda Item No. 16135 Septbe(�7,GfO5 FF g�,�� 9 o r2io - too 200 GRAPHIC SCALE CURVE TABLE [ ��i�ICSf.' C3r: 1�� tl'q"J•�'��''...I:1�C�FI�II.. �.ti ar[ �2itsx�rrrx •��rnsssa�tar��Etta��'� WF!LSN 01ff{.T7r7^ii NOTES: 1. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Fforido State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record, 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right —of —Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U,E• represents Utility Easement. DESCRIPTION; Tract "D ", Indigo Lakes Unit. One, as recorded in Plot Book S4, Pages 74 -84 of the Public Records of Collier County, Florida Containing 12269.00 sq. feet or 0.2817 acres, more or less. FEE SIMPLE INTEREST t DAVID J. HY ' T, P. (FOR THE FIRM) FLORIDA LIC, N0. 5834 - 2 y -05 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPART& OF TRANSPORTATION SKETCH & DESCRIPTION • i SHEET NUMBER: nLE NO.: N6015 -005— Oa8COF XX 2L- 1 m �1 zo Dd) 0 U LLi 1 w¢' I a. U � I O� Op a0 Om M 0� I PARCEL. --,, , 148_ N89'56'06 20' L.B.ET INDIGO LAKES UNIT ONE (w,1 PLAT BOOK 34, PAGES r� .76 -84 10' U.E. L Tract " INDIGO LAKES DRIVE 10' L.B.E. O ^Q . Q ri LO U Q A O txrr H z 0 W U U? r I M I U I U 0 -1 I I I o I ( o� :M W EXISTING • Q WEST �Qn ROW .LINE "O I Q�C3 o ' I uECT M. 65061 1 PARCEL N0• ` 148C � rw,..•au.trsaw - misommater, PATWS avh"N FodapWr Bun+Y�'tsndanp�HdrEeob TranrOahElon Com+Mnb 1'ig18011flf� 1110. , Ndu roiWn- nsm -6udro TOO . tl00BA4tiM,&*x* F4004"t W"#Wocd"dram 24, 2004 — Mae.'" U LAMUREI X: \SUR\NS015 \931sdT00.dwq Agenda Item No. 16135 Septbe(�7,GfO5 FF g�,�� 9 o r2io - too 200 GRAPHIC SCALE CURVE TABLE [ ��i�ICSf.' C3r: 1�� tl'q"J•�'��''...I:1�C�FI�II.. �.ti ar[ �2itsx�rrrx •��rnsssa�tar��Etta��'� WF!LSN 01ff{.T7r7^ii NOTES: 1. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Fforido State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record, 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right —of —Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U,E• represents Utility Easement. DESCRIPTION; Tract "D ", Indigo Lakes Unit. One, as recorded in Plot Book S4, Pages 74 -84 of the Public Records of Collier County, Florida Containing 12269.00 sq. feet or 0.2817 acres, more or less. FEE SIMPLE INTEREST t DAVID J. HY ' T, P. (FOR THE FIRM) FLORIDA LIC, N0. 5834 - 2 y -05 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPART& OF TRANSPORTATION SKETCH & DESCRIPTION • i SHEET NUMBER: nLE NO.: N6015 -005— Oa8COF XX 2L- 1 Agenda Item No. 16B6 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a Budget Amendment recognizing revenue received from the South Florida Water Management District under an agreement for a Countywide GPS Network in the Amount of $60,000. OBJECTIVE: To obtain Board approval of a budget amendment recognizing revenue collected from the South Florida Water Management District (SFWMD) for the Countywide GPS Network. CONSIDERATIONS: The Stormwater Management Department entered into an agreement with the SFWMD for Collier County to install, operate, and maintain a Countywide GPS Network. Per the agreement, the SFWMD has committed matching funds in the amount $60,000 to Collier County to be used for expenses associated with this project. The SFWMD was invoiced for expenses incurred in accordance with the agreement and they have submitted payment, which was deposited into Project 510031 Revenues. The matching funds need to be moved from revenues to operating to cover installation, maintenance and operating expenses. FISCAL IMPACT: A budget amendment is needed to recognize SFWMD revenue in the total amount of $60,000. Funds are available in Stormwater Capital Fund (301) Revenues, and will be moved to the Stormwater Countywide GPS Network Project. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognizes revenue from the SFWMD as specified in the agreement for Collier County to install, operate, and maintain a Countywide GPS Network, and approve the necessary budget amendment in the amount of $60,000. Prepared by: Daniel J Regan, PSM, Land Surveyor, Stormwater Management Department Agenda Item No. 16136 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1666 Item Summary: Recommendation that the Board of County Commissioners approve a Budget Amendment recognizing revenue received from the South Florida Water Management District under an agreement for a Countywide GPS Network in the amount of $60,000. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Daniel J. Regan Land Surveyor Date Transportation Services Stormwater Management 917/2005 12:43:53 PM Approved By Accounting Sharon Newman g Supervisor Date Transportation Services Transportation Administration 9/8/2005 11:49 AM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Services Transportation Operations 9/12/2005 7:26 AM Approved By Norm E. Feder, AICP Transportation Division. Administrator Date Transportation Services Transportation Services Admin. 9112/2005 8:42 AM Approved By Gerald Kurtz Senior Engineer Date Transportation Services Stormwater Management 911212005 4:35 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/13/2005 12:09 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management &Budget 911312005 2:58 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's office Approved By James Y. Mudd Board of County Commissioners Office of Management & Budget County Manager County Manager's office 9/19/2005 5:21 PM Date 9121/2005 8:15 AM Agenda Item No. 16B7 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award Bid No. 05 -3861— "Purchase of limerock and fill material, fixed term contract" for the estimated annual amount of $500,000 to APAC, Inc., Orangetree Mine, Florida Rock Industries Inc. OBJECTIVE: To provide an annual contract for limerock and fill material when necessary for use by all County departments. CONSIDERATIONS: This contract is for the purchase of limerock and fill material for use in grading and rebuilding limerock roadways and shoulder repair on all County and State roadways. Bid #05 -3861 was publicly advertised on August 12, 2005. Notices were sent to twenty -six (26) firms with three (3) firms requesting full packages. Three (3) responses were received by the due date of August 30, 2005. Staff has reviewed the bids received and recommends award to Florida Rock Industries, Inc., Orangetree Mine and APAC, Inc. Staff recommends award to all three firms due to their location within the County, which allows the using departments the flexibility to utilize the pit closest to their worksite to pick up material, saving the County time and money. An approved and numbered purchase order will serve as the contract for this bid. Other County departments or governmental agencies may also utilize this bid. FISCAL IMPACT: Funding will come from the MSTD Capital Fund (I11) in the approximate amount of $500,000. Source of funds are Ad Valorem Taxes. Transportation Services Division is the primary user of limerock material with maintenance dollars budgeted within Fund 1 I 1 — Road and Bridge Maintenance. Limerock material purchased by other County departments will be funded through the user department's budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid No. 05-3861 - "Purchase of Lime -Rock and Fill Material, fixed term contract" to Florida Rock Industries, Inc., Orangetree Mine and APAC, Inc. Prepared By: Anthony Rex Wiggins, Supervisor of Road Maintenance Contracts and Projects, Road and Bridge Maintenance I'll— BID: 05 -3861 Lime rock Uncrushed "Purchase of Lime Rock Fill Materal, Loaded into Vehicles Fix Term Contract" Delivery: Days ARO No Bid No Bid APAC Southeastern, Inc. ription Per cu. YD Per Ton rLL1-..de7dtj.t- Uncrushed Vehicles NIA $ 10.00 EdG Rock, Crushed No Bid No Bid Florida Rock Industries oaed into Vehicles No Bid No Bid I, yp Per Ton ca. k i� No Sid No Bid _ �2" NIA $ 17.50 d No Bid n No Bid No Bid Sand for NIA NIA Lime rock Uncrushed Agenda Item No. 16137 Loaded into Vehicles Delivery: Days ARO No Bid No Bid Lime rock, Crushed 0� my R. Wiggins Loaded into Vehicles - Delivery Days ARO No Bid No Bid Florida Rock Industries Stabilizer Oran 9 Mine I, yp Per Ton Delivery: Days ARO No Bid No Bid Rock #89, 318" $ $ Delivery: Days ARO No Bid No Bid Sunniland Mine Lirne rock, Uncrushed Loaded into Vehicles Highway 29 sunnilend $ 7.25 $ Delivery: Days ARO No Bid No Bid #57,112" -114" $ Delivery: Days ARO No Bid No Bid Rip - Rap (3" - 7') Allco Rd Fort Myers, FL $ 11.75 Delivery: Days ARO No Bid No Bid _ $12,70 Screenings Delivery: Days ARO No Bid No Bid $ 16.00 Sand Fill $10.00 Delivery: Days ARO No Bid No Bid Overburden Fill NIA $ Delivery: Days ARO No Bid No Bic sunnuand Mina A ant -Mike Hauer $ $ Wir.,oca - Janice Vermillion �%� �—rft 01� sunnuand for NIA NIA JA -NI N/A NIA wA NIA NIA NIA " 1 $ $ $ $ $ I Agenda Item No. 16137 September E14 26W$ lect Manager: 0� my R. Wiggins laintenance Dept. Florida Rock Industries Oran 9 Mine I, yp Per Ton Pickup LoestIons Per CU. YD Per Ton Pickup Locatlon* N/A $ $ Sunniland Mine $ 8.25 Highway 29 sunnilend $ 7.25 $ Oran etree Mine N/A $ - $ $12.20 irort Myers Quarry 14341 $ 11.75 $ Allco Rd Fort Myers, FL $ 11.75 $ _ $12,70 33913 $16.00 • " $ 16.00 $ $10.00 " " $ 8.25 $ NIA $ $ sunnuand Mina Highway 26 $ $ NIA sunnuand Witherspoon Mine 11655 W SR78 $ _ S 6.90 Moorshaven, FL 33471 1 $ JA -NI N/A NIA wA NIA NIA NIA " 1 $ $ $ $ $ I Agenda Item No. 16137 September 27, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16137 Item Summary: Recommendation to award Bid No. 05 -3861 - "Purchase of limerock and fill material, fixed term contract' for the estimated annual amount of $500,000 to Apac, Orangetree Mine, Florida Rock Industries, Inc. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Anthony R. Wiggins Supervisor- Contracts & Projects Date Transportation Services Road Maintenance 9/8/2005 4:34:32 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9/9/2005 5:28 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/12/2005 8:46 AM Approved By John Vliet Roads Maintenance Superintendant Date Transportation Services Road Maintenance 9/12/2005 10:06 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 9112/2005 10:38 AM Approved By Rookmin Nauth Accounting Technician Date Transportation Services Transportation Administration 9/1212005 10:50 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 9/12/2005 4:15 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/1312005 10:10 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/13/2005 12:11 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1312005 2:59 PM Approved By Mark Isackson Budget Analyst Date Agenda item No. 1687 September 27, 2005 Page 4 of 4 County Manager's Office Office of Management & Budget 9/19/2005 9:02 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 9:23 AM Approved By James V. Mudd Count y Manager Date Board of County County Manager's Office 9/20/2005 10:17 PM Commissioners Agenda Item No. 16138 September 27, 2005 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to award Bid #05 -3874 "Golden Gate Blvd. and 13th Street Landscape Maintenance" to Advance Lawn and Landscaping Services, Inc. in the amount of $67,629.80 (Project #630413). OBJECTIVE: Award Bid #05 -3689 "Golden Gate Blvd. and 13th Street Landscape Maintenance" to Advance Lawn and Landscaping Services, Inc. CONSIDERATIONS: On August 5, 2005 the Purchasing Department sent out 110 notices for the Golden Gate Blvd. and 13th Street Landscape Maintenance Contract. On August 17, 2005 a non - mandatory pre -bid meeting was held. On August 31, 2005 three (3) bids were opened. Staff reviewed the unit pricing and two (2) were determined to be responsive bids. Staff recommends awarding the Bid #05 -3874 to the apparent, lowest, qualified bidder, Advance Lawn and Landscaping Service, Inc. in the amount of $67,629.80. Bidder Base Bid Alternates rnate_s Advance Lawn $67,629.80 $59,020.00 Commercial Land Maint. $81,768.33 $67,600.00 Tropics North Non - responsive Non - responsive FISCAL IMPACT: Funds are budgeted in fiscal year 2005 -2006 in the amount of $54,368.50 in the MSTD General Fund Landscape (112) project #630413. Road and Bridge will be paying for the annual maintenance of 13th Street in the amount of $13,261.30, from the MSTD Road Maintenance fund (111). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board award Bid #05 -3874 to Advance Lawn and Landscaping Services, Inc. for Golden Gate Blvd. and 13th Street Landscape Maintenance and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared By: Bob Petersen, Department of Alternative Transportation Modes Attachments: Bid Tab #05 -3874 Agenda Item No. 1668 September 27, 2005 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1688 Item Summary: Recommendation to award Bid #05 -3874 Golden Gate Blvd. and 13th Street Landscape Maintenance to Advance Lawn and Landscaping Services, Inc. in the amount of $67,629.80. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Bob Petersen Project Manager Date Transportation Services Alternative Transportation Modes 9/9/2005 4:05:15 PM Approved By Bob Petersen Project Manager Date Transportation Services Alternative Transportation Modes 9/12/2005 9:29 AM Approved By Gloria Herrera Management/BudgetAnalyst Date Transportation Services Transportation Operations 9112/2005 11:12 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 9112/2005 1:13 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9112/2005 3:47 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 9/12/2005 4:16 PM Approved By Director of Alternative Transportation Diane B. Flagg Modes ATM Director Date Transportation Services Alternative Transportation Modes 9/12/2005 4:25 PM Approved By John Wet Roads Maintenance Superintendant Date Transportation Services Road Maintenance 9/1312005 6:41 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9113/2005 10:17 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/13/2005 10:45 AM Approved By Agenda Item No. 16138 September 27, 2005 Page 3 of 17 Pat t_ehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/13/2005 12:16 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 3:03 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/1912005 9:55 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 5:10 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/21/2005 8:37 AM Agenda Item No. 16138 September 27, Ge2005 gqtt��1�] Bid: 05 -3874 Project Mgr.: Pam Lulich P`dlVseetCed I3' Golden Gate Boulevard Annual Landscape Maintenance Contract Transporlation/ATM Due: 8131/05 REVISED 919105 "" WORK AREA I: GOLDEN GATE BLVD. CR 951 TO 29th Street SWI Advanced Comamerrcial Troptics ITEM QESCRIPTION MAINTENANCE FUNCTIONS Non Responsive SECTION I BASIC 1 moyvinq&Edciing a. Median Mowin Unit Cost: $ Total Cost 52 : $ 100.00 5,200.00 $ 5D.00 $ 2,600.00 b. Ed a of Ri ht of Way Unit Cost: $ Total Cost (52 : $ 100.00 5,200.00 $ 150.00 $ 7,800.00 2 Weedin Unit Cost: Total Cost 52 $ 225.00 $ 300.00 $ 11,700.00 $ 15,600.00 3 General Site Prunin Unit Cost: $ 100.00 $ 75.00 Total Cost 52 : $ 5,200.00 $ 3,900.00 4 Tr-riclation S ystems W l Funcions Unit Cost: $75.00 $150.00 $ 3 900.00 $ 7,800.00 Total Cost 52 5 Ir ation S stems (Monthly Function Unit Cost: $225.00 $75.00 Total Cost 12 $ 2,700.00 $ 900.00 Trash Removal Unit Cost: $ 50.00 $ 75.00 6 Total Cost (52): $ 2,600.00 $ 3,900.00 Street Cieanin Unit Cost: $ 50.00 $ 75.00 7 Total Cost (52): $ 2,600.00 $ 3,900.00 Subtotal Section 1, Items 1 -7: $ 39,100.00 $ 46,400.00 Subtotal Section I, Items 1 -7 Divided b 12 months Month! Total: $ 3,258.33 $ 3,866.67 II SITE SPECIFIC MAINTENANCE FUNCTIONS FOR WORK AREA 1: 1 CANOPY TREE AND PALM PRUNING Canopy Trees: -Aril - September) Live Oak Unit Cost Ea. Cut $ 5.00 $ 0.01 Total Cost (2U)' $ 100:00 $ 0.20 East Palatka Holly Unit Cost Ea. Cut $ 5.00 $ 0.01 Total Cost 128: $ 640.00 $ 1.28 Cassia Unit Cost ClEa. Cut Total Cost 96 : $ 5.00 $ 480.00 $ 0.01 $ 0.96 DD. Blanchard Magnolia Unit Cost Ea. Cut $ 5.00 $ 0.01 Total Cost 9 : Subtotal Section II, Item 1: $ 45.00 $ 1,265.00 $ 0.09 $ 2.53 2 Palms - June Cabbage Palm Unit Cost Ea. Cut), $ 15.00 $ 15.00 Total Cost 36 : Subtotal Section 11, Item 2: $ 540.00 $ 540.00 $ 540.00 $ 540.00 3 FERTILIZATION (County will supply ranularferlilizer $ 4 D Turf, Groundcover, Shrubs, and Trees Unit Cost: Total Cost 120 b s.: $ 480.00 $ 600.00 4 Perform Se uestrene Iron Drench Application Unit Cost: $ 150.00 $ 300.00 Total Cost 4 : $ 600.00 $ 1,200.00 SECTION ITEM 5 DESCRIPTION 20 -20 -20 with Ferromec AC 13 -0-0 plus 6% Iron O tional Unit Cost: Total Cost 6 Subtotal Section II, Item 3-5-1 $ 125.00 $ < ° 750.00 $ 1,630.00 $ 75.00 $ 450.00 $ 2,250.00 6 ORNAMENTAL AND TURF SPRAYING Turf Area: Insecticides & Fun icides Unit Cost: $ 150.00 $ 290.00 Total Cost 12 : $ 1 800.00 $ 3,480.00 $ 290.00 7 Herbicides Unit Cost: $ 150.00 : $ 900.00 Total Cost 6 $ 1,740.00 8 Groundcover, Shrubs, & Trees: Insecticides & Fun icides Unil Cost: $ 175.00 $ 350.00 Page 1 of 7 919/2005 Bid: 05 -3874 Project Mgr.: Pam Witch Golden Gate Boulevard Annual Landscape Maintenance Contract Transportation /ATM Due: 8/31/05 REVISED 9/9105 ***' Agenda Item No. 1668 September 2005 6i V. 10 I3' 7 PMI .'Se dfll Page 2 of 7 9/9/2005 9 Total Cost 12 Herbicides : $ 2,100.00 $ 4 200.00 Unit Cost: $ 175.00 $ 350.00 Total Cost 6 : $ 1,050.00 $ 2,100.00 10 MULCHING Or anic A lication Calculated usin 74,465 SIF coven a 2' mulch, 2 cu. Ft . bans 460 CY Unit Cost: $ 0.70 $ 0.95 11 Total Cost 6,205 s.: LANE CLOSURE - Maintenance of Traffic to be included in unit ricin $ 4,343.50 $ 5,894.75 13 PRESSURE CLEANING BRICK PAVERS A. Pressure Cleaning Unit Cost: $ 150.00 $ 50.00 Total Cost 6 : $ 900.00 $ 300.00 Subtotal Section 11, Items 6 -13 $ 11,093.50 $ 17,714.75 A SUBTOTAL Divided bv 12 months Month! Total: TOTAL Work Area 1: Sections i & 11 $ 924.46 $ 54,368.50 $ 1708.94 $ 66,907.28 TOTAL MEN Crew Size T_ SERVICES Minimum 4 person crew required Der week Per Week: 5 ESTIMATED TOTAL MAN- HOURS TO PERFORM REQUIRED SERVICES Annual 52 N/A $t- (The contractor shall submit the amount of man -hours that they intend to provide to this Contract on a weekly basis) Hours per week 10 Crew size (Personnel on Site 5 6 Man Hours 50 40 III ALTERNATE BID ITEMS FOR WORK AREA 1: Bid Alternate 1: Street Swee in A. Street Sweeping Unit Cost: $ 510.00 $ 750.00 Total Cost 52 ): $ 26,520.00 $ 39,000.00 Subtotal of Alternate 1: 1 $ 26,520.00 $ 39,000.00 t !cane SECTION ITEM DESCRIPTION 1• BASIC MAINTENANCE FUNCTIONS 1 Mowin & Ed in Unit Cost: 150 90 Total Cost (26): $ 3,900.00 $ 2,340.00 2 Weedin Unit Cost: $ 75.00 $ 150.00 3 Total Cost (26): General Site Pruning $ 1,950.00 $ 3 900.00 Unit Cost: $ 75.00 $ 50.00 4 Total Cost (26): Trash Removal $ 1,950.00 $ 1,300.00 Unit Cost: I $ 50.00 $ 100.00 Total Cost 26 : $ 1,300.00 $ 2,600.00 5 Street Cleaning Unit Cost: $ 50.00 1 $ 90.00 Total Cost 26 $ 1,300.00 $ 2,340.00 Subtotal Work Area 2, Section 1 $ 10,400.00 $ 12,480.00 Subtotal WORK AREA 2, Section I, Items 1.5 Divided b 12 months Month! Total: $ 866.67 -37 1,040.00 II SITE SPECIFIC MAINTENANCE FUNCTIONS FOR WORK AREA 2: 1 CANOPY TREE AND PALM PRUNING Canopy trees (April - September) Unit Cost: N/A N/A 2 Cabbage Total Cost: Palm N/A N/A Unit Cost: $ 15.00 $ 15.00 3 FERTILIZATION Total Cost 42 : (County will supply ranular fertilizer $ 630.00 $ 630.00 Turf, Groundcover, Shrubs, and Palms Unit Cost: $ 4.00 $ 5.00 4 ORNAM ENTAL AND T URF SPRAYING Total Cost 10 b s.: $ 40.00 $ 50.00 Turf Area Insecticides & Fun 'tides Unit Cost: I N/A N/A Page 2 of 7 9/9/2005 Agenda Item No. 1688 September 27, 20805 Bid: 05 -3874 Project Mgr.: Pam Lulich P'�°1 I Golden Gate Boulevard Annual Landscape Maintenance Contract act Due: 8131/05 REVISED 9/9/05' "" Page 3 of 7 919/2005 Total Cost 12 : N/A N/A 5 Herbicides Unit Cost: _N/A NIA Total Cost (6): N/A N/A 6 Groundcover, Shrubs & Trees: Insecticides & Fungicides Unit Cost: $ 100.00 $ 50.00 Total Cost 12): $ 1,200,00 $ 600.00 7 Herbicides Unit Cost: $ 100.00 $ 95.00 Total Cost (6): $ 600.00 $ 570.00 g MULCHING LCH Or A lication Calculated usin 6,709 SF coven a 2" mulch, 2 cu. Ft. bags, 460 CYUnit Cost: $ 0.70 $ 0.95 Total Cost 559 B s.: $ 391.30 $ 531.05 9 LANE CLOSURE - Maintenance of Traffic to be included in unit orldno 10 IRRIGATION SYSTEMS A. Pop-up Unit Cost: N/A Total Cost 52 : NIA 11 PRESSURE CLEANING BRICK PAVERS A. Pressure Cieanin Unit Cost: Total COMM)' L2,861.30 N/A N/A $ 2,381.05 $ 198.42 $ 14,861.05 $ 81,766.33 Subtotal Section: Items 1 -11 SUBTOTAL JDIvId9d by 12 months Month/ Total: $ 236.44 B TOTAL Work Area 2: Sections I & II TOTAL BASE BID - WORK AREAS 1 & 2 (A+ B) DESCRIPTION TOTAL MEN Crew Size TO PERFORM SERVICES Minimum 4 person crew required per week Per Week: $ 13,261.30 $ 67,629.80 5 $ 10.00 SECTION ITEM Annual 52 N/A = $ ESTIMATED TOTAL MAN- HOURS TO PERFORM REQUIRED SERVICES (The contractor shall submit the amount of man-hours that they intend to provide to this Contract on a weekly basis) Hours Per week Crew size Personnel on Site 5 6 Man Hours 50 40 III ALTERNATE BID ITEMS FOR WORK AREA 2: Bid Alternate 1: A. Street Sweeping Unit Cost: $ 625.00 $ 550.00 Total Cost (52): $ 32,500.00 $ 28,60D.00 IV ADDITIONAL LANDSCAPE MAINTENANCE SERVICES Should additional work of the following description be rquired, adjustment will be made to the Contract Sum at the following Unit Prices, which shall include all expenses, including Overhead and Profit, MOT, Supervision and Transportation. GENERAL SERVICES Landsca a Supervisor (per man hour Irrigation Technician Laborer/Helper (per man -hour Pine Straw -Labor Cost Per Bale Onl Materials - Cost Plus of a ,000 allon tanker with Operator with Required Operator License Rental cost per day 4 Additional Hand Watering Contractor to rovide Tanker and operator) Per hour cost Stump Grinder and Operator (per hour costs Bobcat and Operator (per hour costs $ 50.00 8 50.00 $ 40.00 $ 4.00 40 % $ 1,300.00 $ 175.00 $ 125.00 $ 175.00 $ 55.00 $ 55.00 $ 400.00 $ 5.00 50 $ 1,200.00 $ 150.00 $ 100.00 100.00 Planting Services These services shall be activated in the event that damaged or dead plant material requires replacement and /or landscape areas require minor renovations. Quotes requested for items under this Section generally shall be for small quantities. The Contractor shall bid installed Unit prices which includes materials and labor required for the installation, MOT, initial watering and establishment hand watering provided the irrigation system is not providing proper coverage. All plant material provided shall be Florida #1 or better as specified by the Department of Agriculture's "Grades and Standards for Nursery Plants" Volumes I & II latest edition. 1 2 3 4 5 Mulch Shredded Cypress Bark, Grade "a ", 2' depth-Unit s . ft. Eucalyptus, Grade 'A' 2" depth - Units . ft. Pine straw, 3" fluffed depth - Unit s . ft. Washed shell 3' depth - Unit s . ft. Gray slag ravel, (1/2*) --Unit s . ft. $ 1.60 $ 1.60 $ 5.25 $ 5.25 $ 5.25 $ 1.50 1.50 $ 1.50 $ 5.00 $ 5.00 Page 3 of 7 919/2005 Agenda Item No. 16138 Bid: os 3s74 September 27, 2005 Project Mgr.: Pam Lulich ��s-8�1 Golden Gate Boulevard Annual Landscape Maintenance Contract Project Mgr.: Pa ATM P e ei ed Due: 8131/05 REVISED 9/9105 "" Page 4 of 7 9/9/2005 Plants 4" Container, Annuals /Perennials Begonias, Impatiens, Lantana, Pentas, Purple queen, Dune $ 3.25 $ 6 sunflower, Perennial Peanut Ground Cover, etc. - each 3.00 1 Gallon Container 7 African Iris 8 Sand Cord rass $ 12.00 $ 8.00 9 Plumba o $ 18.00 $ 8.00 10 Lil of the Nile $ 12.00 $ S.OD 11 Coontie $ 12.00 $ 8.00 12 Day-lily, evergreen variety $ 18.00 1 $ 16- -00 13 Florda Game Grass $ 12.00 $ 8.00 14 Juni er'Parsonil' $ 12.00 15 Lantana $ 12.00 $ 8.00 16 Pentas $ 12.00 $ 8.00 17 Lino e'Evergreen iant $ 12.00 $ 8.00 18 'Purple user $ 12.00 $ 8.00 19 Sider Lily $ 12.00 $ 8.00 SECTION ITEM DESCRIPTION $ 16.00 $ 8.00 20 Muhly grass $ 12.00 $ 8.00 21 Perennial Peanut pround cover 22 Ground Orchids $ 12.00 $ 12.00 23 Asian'asmine'Minima' $ 18.00 $ 16.00 3 Gallon Container $ 16.00 $ 16.00 24 Coco lum $ 22.00 25 Thryalfis $ 16.00 26 Bush Allemande $ 22.00 $ 16.00 27 Allamanda Hendersonii Dwarf $ 22.00 $ 16.00 28 Bou ainvillea'HelenJohnson' $ 22.00 $ 16.00 29 India $ 22.00 $ 18.00 31 Indian Hawthorne Hawthorne $ 22.00 $ 16.00 31 Juniper 'Parsoni' $ 22.00 $ 16.00 32 Coontie $ 22.00 $ 16.00 33 Dwarf ainrass $ 40.OD $ 38.00 34 tc FakahaPrive grass $ 22.00 $ 18.00 35 Florida Privet $ 22.00 $ 16.00 36 Fountain rases $ 22.00 $ 16.00 37 Ilex'Schellin s dwarf $ 22.DO $ 16.00 38 $ Indian hawthome'Alba', white 22.00 $ 16.00 39 Ixora'Nora rant' $ 22.00 $ 16.00 40 Dwarf Ixora $ 22.00 $ 16.00 41 Juni er'Parsonii' $ 22.00 $ 16.00 42 Sider lily$ $ 22.00 $ 16.00 43 Th albs 22.00 $ 16.00 44 Tumera 'Yellow Alder' $ 22.00 $ 16.00 45 Wax m le $ 22.00 $ 16.00 46 Saw Palmetto $ 40.00 $ 16.00 47 Sea oats $ 40.00 $ 16.00 48 Variegated arboricola'Trinette' $ 35.00 $ 38.00 49 Silver buttonwood $ 22.00 $ 25.00 50 Simpson or Spanish stopper $ 22.00 $ 16.00 51 Vane aced ittos Drum $ 22.00 $ 16.00 52 Walters vibumum $ 22.00 $ 16.00 53 Muhl rass $ 22.00 $ 16.00 54 Ground orchids $ 22100 $ 16.00 10 Gallon Container $ 35.00 $ 30.00 55 Bottlebrush'Red cluster $ 150000 56 Cardboard Palm $ 140.00 57 Cattlev Guava $ 150.00 $ 140.00 58 Crinum Lily $ 150.00 $ 140.00 59 Crape Myrtle $ 150700 $ 140.00 60 Hibiscus Standard $ 150.00 $ 160.00 61 Jamaican Caper $ 170.00 $ 140.00 62 Li $ 150.00 $ 160.00 63 Si rs rsr ine $ 150.00 $ 140.00 64 Silver B Buttonwood $ 160.00 $ 140.00 65 Simpson or Spanish Stopper $ 150.00 $ 140.00 66 Wax Myrtle $ 150.00 $ 140.00 67 Vari ated Pittos Drum $ 170.00 $ 140.00 $ 16100 $ 140.00 15 Gallon Container 6e Red Maple $ 225.00 $ 250.00 69 Black Olive'Shad Lad $ 275.00 $ 250.00 70 Floss Silk Tree $ 225.DO $ 250000 71 Yellow Poinciana $ 225.00 1 $ 250.00 72 Bald Cypress $ 225.00 $ 250.00 73 Hong Kong Orchid $ 200.00 $ 250.00 25 Gallon Container 74 BotOebrush'Red Cluster' $ 325.00 $ 300.00 75 Silver Buttonwood $ 325.00 $ 300.00 76 Cattle Guava $ 325.00 $ 300.00 77 Cassia surratensus Yellow Cassia; Estimated Quantity 20; Unit Each $ 325.00 $ 300.00 78 I Crepe Myrtle $ 325.00 $ 300.00 Page 4 of 7 9/9/2005 Agenda Item No. 1688 September 27, 2005 A Bid: 05.3874 Project Mgr.: Pam Lulich PSd I Golden Gate Boulevard Annual Landscape Maintenance Contract Transportation/ATM Due: 8131105 REVISED 919105 *'** 91912005 Page 5 of 7 Holl $ 'East Palatka' $ Palm ustrum Oak 325.00 $ 325.00 $ 450.00 $ $ 325.00 $ $ 350.00 300.00 300.00 375.00 300.00 $ 375.00 79 Dahoon 80 H0" 81 Foxtail 82 Li 83 Live SECTION ITEM 84 Maho 85 Me 86 Red 87 orange 88 Slash 89 Tabebuia'I 90 Yellow 91 Wax 92 White 93 Orchid DESCRIPTION an nolia Me le Geiger Pine e' Elder Myrtle Gei er Tree White $ 325.00 $ 425.00 $ 325.00 $ 450.00 $ 325.00 $ 450.00 $ 350.00 $ 425.00 $ 550.00 $ 550.00 $ 300.00 $ 300.00 $ 300.00 $ 300.00 $ 300.00 $ 350.00 $ 300.00 $ 300.00 $ 450.00 $ 375.00 30 94 Bottlebrush'Red Gallon C cintaln r^ Cluster' $ 375.00 $ 375.00 $ 350.00 $ 350.00 95 Cassia $ 375.00 $ 350.00 96 Cra e M rtle $ 375.00 $ 350.00 97 Dahoon Holl $ 375.00 $ 475.00 $ 350.00 $ 450.00 98 Holl 'East Palatka' 99 Foxtail Palm 375.00 $ 350.00 100 Li ustrum $ 475.00 $ 450.00 101 Live Oak $ 375.00 $ 350.00 102 Mahogany Me nolia Red Ma le Oran a Gei er Slash Pine Tabebuis'I e' Yellow Elder Wax Myrtle White Gei er Orchid Tree White $ 475.00 $ 375.00 $ 475.00 $ 375.00 $ 475.00 $ 375.00 $ 475.00 $ 600.00 600.00 $ 450.00 $ 350.00 $ 350.00 $ 350.00 $ 450.00 $ 350.00 $ 350.00 $ 600.00 $ 450.00 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 i 18 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 45 Gallon Container Bottlebrush'Red Cluster' Cassia Grape M rtle Cahoon Holl Holl 'East Palatka' Foxtail Palm Li ustrum Live Oak Mah an Red Me le Oran a Gei er Slash Pine Tabebuia'I e' Yellow Elder Wax Myrtle Jacaranda Yellow Poinciana Ja enese Privet White Gei er Floss Silk Tree Orchid Tree White Hon Kon Orchid $ 575.00 $ 625.00 $ 625.00 $ 625.00 $ 625.00 $ 600.00 $ 625.00 $ 725400 $ 625.00 $ 600.00 $ 725.00 $ 575.00 $ 725.00 $ 625.00 $ 625.00 $ 700.00 $ 725.00 $ 700.00 $ 725.00 $ 725.00 $ 775.00 $ 775.00 $ 600.00 $ 650.00 $ 650.00 $ 650.00 $ 850.00 $ 650.00 $ 750.00 $ 600.00 $ 650.00 $ 600.00 $ 750.00 $ 600.00 $ 75000 $ 650.00 $ 850.00 $ 800.00 $ 440.00 $ 440.00 $ 500.00 $ 440.00 $ 440.00 $ 550.00 $ 550.00 $ 600.00 $ 440.00 $ 440.00 $ 520.00 $ 440.00 $ 600.00 $ 520.00 $ 440.00 $ 440.00 $ 440.00 $ 520.00 $ 600.00 $ 440.00 $ 600.00 $ 600.00 $ 550.00 $ 650.00 $ 550.00 $ 550.00 $ 750.00 $ .650.00 $ 800400 $ 550.00 $ 550.00 $ 550.00 $ 134 t35 136 137 138 139 t40 141 142 143 144 145 146 147 148 149 65 Gallon Container rush 'Red Cluster Cra e M rtle Cahoon Holl Holl 'East Palatka' Foxtail Palm Li ustrum Live Oak Maho an Ma nolia Red Maple Oran a Gei er Slash Pine Tabebuia'I e' Wax Myrtle Orchid Tree White White Geiger 550.00 $ 550.00 $ 750.00 $ 550.00 $ 750.00 $ 1,000.00 SECTION ITEM DESCRIPTION $ 325.00 $ 325.00 $ 750.00 $ 2.500.00 150 151 152 153 Palms -t: Sabaf Palms 10' to 20' CT. Saba[ Palm 8' to 12' Booted) Florida Thatch Palm 4' to 5' HT., field grown Florida Ro al Palm 16' OA Ht. $ 375.00 $ 375.00 $ 575.00 $ 2.500.00 91912005 Page 5 of 7 Agenda Item No. 16138 Bid: 05 -3874 September 27 2005 Project Mgr.: Pam Lulich I9s____ ,, ,�1� Golden Gate Boulevard Annual Landscape Maintenance Contract Transportation /ATM I' i`5R5`G�? Due: 8131/05 e e ed: REVISED 919105 "" Page 6 of 7 9/9/2005 - Canopy Trees , $ 1,900.00 $ 1,900.00 163 Live Oak 100 al. Cont. , 4` -5` cal., 16' ht. $ 1,600.00 $ 1,500.00 164 Live Oak 200 al. Cont., 6`-8" cal., 20' ht. 165 $ 2,800.00 $ 2 750.00 White Gei er 100 al. $ 1,600.00 $ 21800.00 LIQUID FERTILIZATION APPLICATION Apply Peters 20 -20 -20 at ten (10) pounds of material per one hundred (100) gallons of water with Ferromec AC 13 -0 -0 plus six percent (6%) Iron at one third (1/3) gallon of material per one hundred 100 allons water. Turf Per S . Ft.) Planfin Beds Per S Ft. $ 0.45 $ 0.05 ,. $ 0.45 $ 0.05 SOD SERVICES Removal of existing sod /weeds with sod cutter or by hand and prepare soil /area to the proposed finished grade suitable for new sod (includes one herbicide treatment and all landfill tipping fees.) SOD I TURF GRASSES ---Sq. Ft. ' $ 1.30 $ 1.15 Delivered, off- loaded, fine graded for sod, laid in place, rolled and trim edges as necessa St. Augustine 1 Floratam: Muck grown (per 500 s . ft. pallet) $ 550.00 $ 550.00 Sand grown (per 400 s . ft. pallet) $ 500.00 $ 450.00 2 Palmetto: Muck crown (per 500 so. ft. Da [let) $ 550.00 $ 600.00 Sand grown (per 400 s . ft. pallet) $ 500.00 $ 500.00 3 Bitter Blue: Muck grown per 500 sq. ft. pallet) $ 550.00 Sand rown er 400 s ft. allet) $ 600.00 . Bahia $ 500.00 $ 500.00 4 Ar entine: Sand brown (per 400 s . ft. pallet) $ 500.00 $ 400.00 ADDITIONAL / EMERGENCY LANDSCAPE MAINTENANCE SERVICES The Additional / Emergency Landscape Maintenance Services Bid is mandatory and must be completed bv the bidder in order for their bid to be considered. Mowing and Edging Per s . ft. Unit Cost: $ 0.50 $ 0.04 Weeding Hand removal and hand s ra ad herbicide Per s . ft. Unit Cost: $ 0.90 $ 0.08 Prunin Per Section `II -D` Removal and delivery of debris to landfill site Per Hour Unit Co st: $ 60.00 $ 125.00 Fertilization (Labor for broadcasting 50 lb. bag) Mulch Application Labor for applying 2cu. Ft, bags) Per Bap) Unit Cost: $ 4.50 $ 10.00 Per Ba Unit Cost: Trash Pick -up and Removal (Bagging and disposal to a landfill of trash from landscape $ 0.90 $ 2.00 areas and on -site containers Per Hour Unit Cost: $ 30.00 $ 125.00 Irrigation System Review Per Hour Unit Cost: $ 70.00 $ 100.00 Travel Time Per Hour Unit Cost: $ 30.00 $ 125.00 Landscape Laborer SECTION ITEM Per Hour Unit Cost: $ 40.00 $ 40.00 DESCRIPTION Truck Operator Class B or higher current State of Florida Driver License Stump Grinder and Operator Per Hour Unit Cost: $ 60.00 $ 125.00 Per Hour Unit Cost: Bobcat and Operator $ 150.00 $ 100.00 SUBCONTRACTORS Per Hour Unit Cost: $ 200.00 $ TO BE USED: (In no instance may a subcontractor (s) 100.00 perform more than 49% of the total bid amount) Name (Spraying) In -House In -House Phone: 732 -4629 643 -6205 Name (Irrigation) In -House Phone: In -House 732 -4629 Name 643 -6205 Sub -Cont. Phone: In -House 514 - 3368 643 -6205 Documentation Enclosed: Page 6 of 7 9/9/2005 Agenda Item No. 16B8 September 27, 2005 s e e� ed: Bid: 05 -3874 Project Mgr.: Pam Lulich P a � Transportation /ATM �'` �f t17 Golden Gate Boulevard Annual Landscape Maintenance Contract Due: 8/31/05 REVISED 919105 "" 9/9!2005 Page 7 of 7 Bid: 05.3874 Project Mgr.: Pam Lulich Work Areas 1 and 2 TransportaUoNATM Golden Gate Blvd. and 13th Street Landscape Makrienence thee: 8/31/05 Agenda Item No. 1688 September 27, 2005 Paggo "4t117io Bids Received: 3 Page 1 of 7 - - 917/1005 WORK AREA I: GOLDEN GATE BLVD. CR 961 TO 29th Street S Advanced Lawn Commercial Land Tropics North SECTION ITEM DESCRIPTION i AI BASIC MAINTENANCE 1 FUNCTIONS Mowi 6 Edging qCoost Non Responsive a. Median M wAn $ 100. 00 $ 50.00 Total Cost 52 : $ 5,200.00 $ 2,600.00 b. Edge of Fright of W Unit Cost $ 100.00 $ 150.00 Total Cost (52): $ 5,200.00 S 7,800.00 2 Weeding Unit Cost: 225.00 $ 300.00 Total Cost 52 S 11 700,00 $ 15 800.00 3 General Site Pnlnin unn coat $ 100.00 $ 75.00 Total Cost 52 : 5200.00 $ 3900,00 4 Uri ation Systems Functions Unit Coat $75.00 $150.00 Total Cost 52 $ 3,900.00 $ 7800.00 5 IrricaffiOn S terns (Monthly Function Unit Cost: $225.00 $75.00 Total Cost 12 2,700.00 S 900.00 8 Trash Removal Unit Cost $ 50.00 $ 75.00 Total Cost 52 : S 2,600.00 S 3,900.00 7 Street Clearing Unit Cost: S 50.00 S 75.00 Total Cosl 52 : S 2,600.00 $ 3.900.00 Subtotal Section I kerns 1 -7: S 39,100.00 $ 46,400,00 E=t E Subtotal Secton I Mal-? Divided by 12 months Monthly Total: $ 3,258.33 $ 3,866.67 11 SITE S ECI CE FUNCTIONS FOR WORK AREA 1: 1 CANOPY TREE AND PALM PRUNING Gana Trees: - r-- tam Live Oak Unit Cost a. CLrij $ 0W1.28 01 Total Cost 20:1: East Palatka Holly 6'�o Unit Cost Ea. Cut $ 5.D0 Total Cost (128)- Cassia X .. . ' C $ 5.00 Total Cost (96): ?' DD, Blanchard Ma nolia $ 0.96 Unit Cost Ea. Cut $ 5.00 $ 0.01 Total Cost I 0.09 Subtotal Section II, hem 1:. 2 Palms- Jun e $ 2.53 Cabbacte Palm Unit Cost Ea Cut $ 15.00 $ 15.00 Total Cost (36): $ 540.00 $ 540.00 Subtotal Section 0, hem 2: 3 FERTILIZATION Cou wlllsu ranularfertilizer $ 540.00 $ 540.OD Turf, Groundcover Shrubs, and Trees Unit Cost $ 4.00 $ 5.00 Tote! Cost 120 s.: 4 Perform Se uesVene Iron Drench A IicaUon $ 480.00 $ 600.00 Unit Cosy. $ 150.00 $ 300.Do SECTION ITEM DESCRIPTION 4 Total Cost : S 6000017$ 1,200.00 Ferromec AC 13.0.0 Plus 8% Iron (Optional) Unit Cost $ Total cost e : 125.00 '63 $ 75.00 S 450.00 Subic Section Q karts 3d: L ANO TURF SPRAYING $ 2 250.00 ecticides to Fun iri des 5 WHerbicides 150.00 os: $ 1 800.00 $ 3 480.Cost $ 150.00 $ 290.00 Shrubs a Trees: inaedicides &Fungicides Total Cost 6 : $ 900.00 $ 1,740.00 Unit Cost 1 $ 175.00 S 350.00 Page 1 of 7 - - 917/1005 Bid 05.3874 Project Mgr.: Pam LUAch Work Areas 1 and 2 TransportaflWATM Golden Gate Md. and 13th Street Landscape Maintenance Due: 8/31105 Agenda Item No. 1688 September 27, 2005 Pag" atAITO Bids Received: 3 Page 2 of 7 W12005 Total Cost 12 : S 2100.00 $ 4,200.00 9 Herbicides Unk Goat 175.00 $ 350.00 Total Cost 1,050.00 $ 2,100.00 MULCHING organic 8cadon Calculated US-Ing 74,400 SF coverage 2' mulch 2 cu. Ft. be s 480 C Unit Cost $ 010 S 0.95 10 Total Cost (6,205 B93. $ 4 343.50 4 5,894.75. 11 LANE CLOSURE - Maintenance of Traffic to be included in unit 13 PRESSURE CLEANING BRICK PAVERS A. Pressure Cleaning Unit Cost S 150.00 $ 50.00 Total Cost 8 : 900.0-07TS 300.00 Subtotal Section II Items 6.13 $ 11,093.50 $ 17,714.75 SUBTOTAL Dhrided b 12 months) Month Total: $ 924.46 "wig AA �� j ib *d mitt �rN �(� , . ,,.. ".. {{ ,k�0'0, , ill STOTA4 WFiV1 : 1114 tiliYll'If�.; S 51,898.50 TOTAL MIEN Crew Stu TO PERFORM SERVICES Minimum 4 n crew uired Per week Per Week: 5 Annual 52 6 ESTIMATED TOTAL MAN- HOURS TO PERFORM REQUIRED SERVICES (The contractor shalt submit the amount of man-hours that they Intend to provide to this Contract on a weekly basis) Hours erweek Crew size Personnel on Site 10 5 Man Hours 50 40 81 AL NA BID ITEMS FOR WORK AREA I Bid Alternote 1• Street Sweeping A. Street Swee in Unit Cost: $ 510.00 $ 28 520.00 S 26,520.00 $ 750.00 Total Coe" 52 : $ 39 000.00 Subtotal of Aksmato 1: $ 39,000.00 Caf19 SECTION I. ITEM DESCRIPTION BASIC MAINTENANCE FUNCTIONS 1 Mowin & Ed Unit Cost 150 90 Total Cost 26 2,340.00 2 Weadl Unit Cost. 75.00 150.00 Total Cost 2 $ 1,960.00 $ 3,900.00 3 General Site Pruning Unit Cost: $ 75.00 S 1,950.00 $ 50.00 Total Cost (26): 1,300.00 4 Trash Removal Unit Cost $ 50.001_$ 100.00 Total Cost (28): $ 1,300-00 $ 2 600.00 5 Street Cleaning Unit Coat: 50.00 90.00 Total-Cos 1 (261 S 1.300.00 340.00 $ 12,480.00 $ 1,040.00 Subtotal Work Area 2, Section 1 $ 10,400.00 Subtotal WORK AREA 2, Section 4 Items 1.5 Divided b 12 months Month Total: $ 865.67 It ITE SPECIFIC MAINTEN CE FUNCTIONS FOR WORK AREA 2• 1 CANOPY TREE AND PALM PRUNING Cano trees rl - Se tembe Unit Cost: NIA WA Total Cost: NIA WA 2 Cabbage Palm Unit Cost: 15.00 S 15.00 Total Cost 42: 630.00 S 630.00 3 FERTILIZATION (County will supply ranularforulize Turf Groundcover, Shrubs and Palms Unit Cost $ 4.00 $ 5.00 Total Cost 10 s.: $ 40.00 50.00 4 ORNAMENTAL AND TURF SPRAYING Turf Area: Insecticides & Fun cides Unit Cost: NIA WA Page 2 of 7 W12005 Bid: 053874 Project Mgr.: Pam Lulich Work Areas 1 and 2 TransportatioNATM Golden Gate Blvd. and 13th Street Landscape Maintenance Due: 8/31105 Agenda Item No. 16B8 September 27, 2005 Pag�oblj Sefnt1190 Bids Received: 3 Page 3 of 7 91712005 Total Cost (12): N/A WA 5 Herbicides Unit Cost: WA WA Total Cost 6 : N/A N/A 6 Groundcovar, Shrubs &Trees: Insecticides d, Fungicides Unit Cost: $ 100.00 50.00 7 Herbicides Total Cost 12 ; $ 1,200.00 $ 600.00 Unit Cost: $ 100.00 $ 95.00 Total Cost : $ 600000 $ 570.00 8 MULCHING Organic Application (Calculated usina 6,709 SF covers e Y mulch 2 cu. Ft. bags, 460 C Unit Cost $ 0.70 $ 0.95 Total Cos 559 s.: 391.30 531.05 9 LANE CLOSURE - Maintenance of Traffic to be Inducted in unit pricing 10 IRRIGATION SYSTEMS A. Pop-up Unit Cost: WA WA Total Cost 52 : WA WA 11 PRESSURE CLEANING BRICK PAVERS A. Pressure Cleaning Unit Coat: N/A WA Total Cost 6 : N/A N/A Subtotal Section: Items 1 "11 $ 2,861.30 $ 2,381.05 SUBTOTAL LDIvIded by 12 months Month! Total: $ 238.44 $ 198.42 ITEM � u* b,s 11ip" . y* t� t .TOTALYVilrlt Ar-11 SactiantilBfl _JA BASE B Et#.Xp DESCRIPTION .�� 13;267 30. ': a14.863'd35i: SECTION TOTAL MEN Crew Sir* TO PERFORM SERVICES Minimum 4 person crew required per wee 5 Per Week: $ 10.00 Annual 52 ESTIMATED TOTAL MAN- HOURS TO PERFORM REQUIRED SERVICES (The contractor shall submit the amount of man -hours that they Intend to provide to this Contract on a weekly basis Hours per week Crew size Personnel on Site 5 6 Man Hours 50 40 111 ALTERNATE BID ITEMS FOR WORK AREA 2: Bed Altemato 1: A. Street Sweeping Unit Cost: $ 625.00 $ 550.00 Total Cost (52): $ 32,500.00 $ 26 600.00 IV ADDITIONAL LANDSCAPE MAINTENANCE SERVICES Should additional work of the following description be rquired, adjustment will be made to the Contract Sum at the following Unit Prices, which shat include all expenses, Including Overhead and Profit, MOT, Supervision and Transportation. IGENERAL SERVICES Landscape Supervisor man hour $ 50.00 $ 55.00 Irri ation Technician S 50.00 S 55.00 55. Laborer/Hel r (per man -hour) $ 40.00 $ 0 Pine Straw -Labor Cost Per Bale On $ 4.D0 I S 5.00 Materials - Cost Plus 40% 50% Rental cost r day of a 4,000 gallon tanker with Operator with Required Operator License $ 1,300.00 $ 1,200.00 Additional Hand Watering Contractor to provide Tanker and Operator) (Per hour co $ 175.00 $ 150.00 Stump Grinder and Operator (per hour costs S 125.00 $ 100.00 Bobcat and Operator hour costs $ 175.00 S 100.00 Ptantin Services replacement this includes shall for These services shall be activated in the event that damaged or dead plant material requires and/or landscape areas require minor renovations. Quotes requested for Items under Section generally shag be for small quantities. The Contractor shall bid installed Unit prices which materials and labor required for the installation, MOT, initial watering and establishment hand watering provided the Irrigation system Is not providing proper coverage. All plant material provided be Florida #1 or better as specified by the Department of Agriculture's 'Grades and Standards Nursery Plants" Volumes I A Ill latest edition. Mulch 1 Shredded Cypress Bark Grade 'a". 2" depth - Unit s . ft. $ 1.60 $ 1.50 2 Eucalyptus, 3 Pine Grade "A" 2" depth - UM s , ft. straw, 3" fluffed depth - Units . IL $ 1.60 $ 5.25 $ 1.50 $ 1.50 4 Washed 5 Gray shell, 3" depth - Units . ft slao gravel, 1/2 - Unit s . ft. $ 5.25 $ 5.25 $ 5.00 $ 5.00 Page 3 of 7 91712005 Agenda Item No. 1688 September 27, 20105 Project Mgr.: Pam Lullch Pag(Ajjgfng 110 Bid: 05 -3874 Tren tt spo WWATM Bids Received: 3 Work Areas 1 and 2 Due: 8181/05 Golden Gate Blvd. and 13th Street Landscape Maintenance Pape 4 of 7 8172005 Bid 053874 Project Mgr.: Pam LuGch Work Aram 1 and 2 TransportadorVATM Golden Gate Blvd. and 13th Street Landscape Maintenance Due: 8/31105 Agenda item No. 1688 September 27, 2005 PaW�s °aft17 Bids Received: 3 Page 5 of 7 - 9l7I2005 Agenda Item No. 16138 September 27, 2005 Project Pam Lulich Pag%ulA 7o a Bid: 05 -3874 Transpoday�ATM Blda Received: 3 Work Area 1 and 2: 6!31!05 Gdden Gate Blvd. and 13th Street Landscape Makftnance Pape 8 of 7 SR12005 Bid: 05-3874 Pied Mgr.: Pam Lufktt Work Areas 1 and 2 TransportatioNATM Golden Gets Blvd, and 13th Street Landscape Maintenance Due: 8!31105 Agenda Item No. 1668 September 27, 2005 Pag(,J ,L914 40 Bids Received: 3 Page 7 of 7 9)7/2005 Copy of the current Landscape Contractor's License and Irrigation Contractors License or Unlimited Landscape Contractor's License. State of Fbdda Contractor's Chemical Application Uceroe. ! Y Y Verification of current protects In landscaping maintenance business. / y y List of owned and/or leased eWipment 1 y Y Documentation of at least Orrree 3 an experience within Southwest Fbrida I N y Y Photo and/or manufacturer's brochure With specifications of street sweeping u ment provided. / Y Y Proof of MOT certification. / Y I Y The name and IRS W-4 form of the firm's employee quaWna (Y / M y y Agent - Brenda Brilhart Witness - Courtney Grosman: Page 7 of 7 9)7/2005 Agenda Item No. 1689 September 27, 2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve the purchase of Parcel No. 148B required for the construction of the six - laning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $ 10,700.00. OBJECTIVE: To approve a Purchase Agreement for the acquisition of right -of -way required for the construction of the six - laning improvements to Collier Boulevard. CONSIDERATIONS: The subject property is located west of Collier Boulevard (CR 951) at the Indigo Lakes Drive intersection. The property, Parcel 148B (0.1588 acres right -of -way, fee simple purchase) is necessary to construct the roadway, drainage and utility facilities for the six - lane improvements to Collier Boulevard scheduled to commence in the fall of 2005 (see Exhibit "A" attached hereto). This parcel was set aside for future right -of -way pursuant to a PUD commitment by the developer, Kenco Development, Inc. In accordance with Section 4.5 E, Collier County Ordinance No. 01 -53, known as the Indigo Lakes PUD, this 60 foot portion of right of way was to be dedicated to the County in exchange for impact fee credits. Although set aside as right -of -way, this parcel comprised a portion of the entrance to the development, which was platted as Tract A. Efforts were undertaken by the Developer and the County in 2003 to finalize this commitment through a developer's contribution agreement, but due to a dispute over the value of these parcels, the agreement was never completed and the parcel never dedicated to the County. In 2004 this parcel of right -of -way was quit- claimed as part of Tract A to the Indigo Lakes Master Association, Inc. Consequently, the developer can no longer receive impact fee credits for the property. Staff believes that in light of the transfer of this land to the Association, the inability of either the developer or the current owner to utilize impact fee credits, and the specific facts of this matter, the exchange of this parcel for cash instead of impact fee credits will serve the purpose and intent of Ordinance 01 -53 and the Consolidated Impact Fee Ordinance, and recommends that the Board approve this Agreement. The purchase price is based on the fair market value of the property as of 2001 and amounts to $10,700.00. In addition, the agreement with the former developer, Kenco, provides that Kenco will release the County from any claims it may have arising out of this purchase from the Association and the underlying PUD commitment. FISCAL IMPACT: Total expenses will not exceed $10,790.00 including the purchase price for the land, title insurance, closing services and recording fees. Source of funds are impact fees and gasoline taxes. GROWTH MANAGEMENT IMPACT: As the Collier Boulevard six - laning project is a part of the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent with the County's Growth Management Plan. Agenda Item No. 16139 September 27, 2005 Page 2 of 10 RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Find that payment of cash in lieu of impact fee credits for this property is the fiscal equivalent of Section 4.5E, Ordinance 01 -53, and meets the intents and purposes of this ordinance, the Collier County Consolidated Impact Fee Ordinance and s. 2.03.06(K) of the Collier County Land Development Code; 2. Approve the Purchase Agreement for Collier Boulevard Project Parcel No. 14$B, in the amount of $10,700.00 and authorize its Chairman to execute same on behalf of the Board; 3. Authorize payment to the Owner in the amount as shall be specified on a Closing Statement; 4. Accept delivery of the Warranty Deed and Temporary Construction Easements for the property as provided under the Purchase and Easement Agreement; 5. Authorize staff to close the real estate transaction, and to record said deed and easements in the public records of Collier County, Florida; and 6. Authorize any and all budget amendments, which may be required to carry out the collective will of the Board. Prepared by: Margaret Kreynus, Transportation Engineering & Construction Management — Right -of -Way Attachment: Purchase Agreement 1, Agenda Item No. 1689 September 27, 2005 Page 3 of 10 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16139 Recommendation to approve the purchase of Parcel No. 148B required for the construction of the six - laning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $10,700.00 9/27/2005 9:00:00 AM Prepared By Margaret Kreynus Property Acquisition Specialist Date Transportation Services TECM -ROW 9/12/2005 11:01:56 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 9/12/2005 12:54 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Engineering and 9112!2005 1:12 PM Transportation Services Construction Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9112/2005 1:45 PM Approved By Lisa Taylor Management/BudgetAnalyst Date Transportation Services Transportation Administration 911212005 3:05 PM Approved By Gary Putaansuu Senior Project Manager Date Transportation Engineering and 911212005 3:25 PM Transportation Services Construction Approved By Jay Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 9/12/2005 4:49 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/13/2005 10:46 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/1312005 12:19 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 3:04 PM Agenda Item No. 1689 September 27, 2005 Page 4 of 10 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1612005 8:36 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/16/2005 8:05 PM PROJECT: 65061 PARCEL: 148B FOLIO: 51977996908 PURCHASE AGREEMENT Agenda Item No. 1689 September 27, 2005 Page 5 of 10 THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this —L day of 5SiL —62-r- , 2005, by and between INDIGO LAKES MASTER ASSOCIATION, INC., a Florida non profit corporation, whose mailing address is 14875 Indigo Lakes Circle, Naples, FL 34119 (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser "). WHEREAS, under the provisions of Collier County Ordinance No. 2001 -53, Owner is obligated to dedicate right -of -way for the expansion of Collier Boulevard; and WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property "), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of: $10,700.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 11 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Prior to the Closing, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as " "Closing Documents "): (a) Warranty Deed; Agenda Item No. 16139 September 27, 2005 Page 6 of 10 Purchase Agreement Page 2 (b) Closing Statement; (c) Grantor's Non - Foreign, Taxpayer Identification and GAP Affidavit; (d) W -9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. 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 or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 5. Both Owner and Purchaser agree that to remain in compliance with the PUD ordinance closing shall be prior to September 27, 2005; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 6. Purchaser shall be entitled to full possession of the Property at Closing. 7. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 8. Owner and Purchaser represent and warrant the following: (a) Owner and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. (b) Owner has full right, power and authority to own and operate the Property and to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. (c) Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (d) No parry or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (e) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. Purchase Agreement Agenda Item No. 16139 September 27, 2005 Page 7 of 10 Page 3 (f) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (g) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (h) Owner acknowledges and agrees that Purchaser is entering into this Agreement based upon Owner's representations stated above and on the understanding that Owner will not cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the physical condition of the Property or the governmental ordinances or laws governing same. 9. Owner represents that the Property and all uses of the Property have been and presently are in compllance 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 Purchaser; 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 sold to the Purchaser, 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. 10. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of Owner's representation under Section 9. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 11. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all -- documentary stamp taxes required on the instrument(s) of transfer. 12. All ad valorem real estate taxes due on the Property during Owner's term of possession, and all maintenance charges and assessments due from Owner, Purchase Agreement Agenda Item No. 1689 September 27. 2005 Page 8 of 10 Page 4 for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2005 taxes, and shall be paid by Owner. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Owner. If Closing occurs at a date when the current year's millage is not fixed, taxes will be prorated based upon such prior years millage. 13. 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. 14. 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 Purchaser, 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.) 15. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification or amendment of this Agreement shall be of any force of effect unless made in writing and executed and dated by both Owner and Purchaser. Time is of the essence of this Agreement. 16. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect, and shall not be affected by such invalidity. 17. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 2005. Property acquisition approved by BCC pursuant to Gift and Purchase Resolution No. 2003 -372, Agenda Item No. 16135, Date 10/28/2003 and Condemnation Resolution No. 2004 -182, Agenda Item No. 10F, Date 5/25/2004 AS TO PURCHASER: Purchase Agreement DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO OWNER: DATED: q -t -o,5 Ly'a Witness (Signature) Name: Ar\r%2 K%Ci ddrl� (Print or Type) �� Type) Witness (Signature) Name: W4-as (Print or Type) Approved as to form and legal sufficiency: '6�e V d-w�� Ellen T. Chadwell Assistant County Attorney Agenda Item No. 16139 September 27, 2005 Page 9 of 10 Page 5 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Fred W. Coyle, Chairman INDIGO LAKES MASTER ASSOCIATION, INC., a Florida non profit corporation (Sig ure) Name, Jo.V%e� C ud f � (Print T pe) Titl ; r4,4 (Pfi _ itle) YRUJECT NO., 65061 1 PARCEL "O• 148B CLIENT' COLLIER COUNTY DEPARTMENT OF TRANSPORTATION W�I�1�111er TnE SKETCH & DESCRIPTION Plprws F.npMroM C•aabOW► Swnfm•Lanaroep�hrdRSab T/4flr(A71tlYrt LbnwrtMb Wfi onmffie, Ina MOA Mld)w. arm* 41d011'Ot Top DATE: PROJECT NO.: SHEET NUMBER; I FLE NO., MpNR3A1311Q4W -R *1XVF40e FWMN3T# r094k nmvNrau 0212005 N60I5- 005 -000 48B OF xxx 2L -812 Afar 44. 20(34 . VA-AR-Ad Ill lrlilOCIY• \CI,O \A,Rl1, [104 •.�•n" �.._ eptember 27, 2005 a f I Page 10 of 10 0 +r ° o aT U1 I Z) LA r O UN W WQ CL 1 0 o sa 50 1DD 200 o� GRAPHIC SCALE � I a CURVE TABLE Q Y CURVE LENGTH RAdU DELTh T ENT CHORD CHORD BEAR NO c, �. AO I. a$ U LINE TABLE pJ p U J LE CTH AN O x N V) EXISTING NOTES: 1. This is not a survey, • WEST tJ ROW LINE 2. Basis of beoring is the West line of County � y��B� ��-- Road 959 (C.R. 951) being N 02'15'33" W, Florida ��ff77 State Plane Coordinates NAD 83/90, East Zone. pap of I 3. Subject to easements, reservations and restrictions or record. O4. Easements shown hereon ore per plot, unless O otherwise noted. ~ 5. ROW represents Right -of -Way, 6. P.O.B. represents Point of Beginning. 7. P.O.C., represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. , 10. U.E. represents Utility Easement. 20' L.B.E. Q DESCRIPTION: A portion of Tract "A °, Indigo Lakes Drive, Indigo INDIGO LAKES UNIT ONE U to Lakes Unit One, as recorded in Plat Book 34, PLAT BOOK 34, PAGES 76 -84 <' W Pages 74 -84 of the Public Records of Collier r10' U.E. cx� f� I County, Florida; being more particularly described as follows: t 0 I BEGINNING of the Southeast corner of Tract "N', _ jj-- Indigo Lakes Drive; thence North 89'56'00" West, O along the South right -of -way line of said Tract PARCEL N� v+ z "N', Indigo Lakes Drive, for a distance of 60.05 �r) 1488 �;p �:) feet; thence North 02'15'33" West, along a line -4 60.00 feet Westerly of and running parallel with C, U the Westerly right -of -woy line of County Rood Tract � M 951 (C.R. 951) for a distance of 111.10 feet, INDIG w to a paint on the North right -of -way line of DRIVE said Tract "A7, Indigo Lakes Drive; thence South 89'56'00" East, along the North right -of -way line of said Tract "A ", Indigo Lakes Drive for o P0B distance of 23.48 feet; thence 46.03 feet along 70' L.B.E. TRACT D 1 the arc of a circular curve concave northwest having a radius. of 38.00 feet through a control N89'56'00 "W angle of 69'24'23" and being subtended by a m 60.05' chord which bears North 55'21'49" East, along i I the Northerly line of said Tract "A ", Indigo Lakes - Drive, for o distance of 43.27 feet, to o point Q) locoted on the Westerly right -of -way line of Q uJ County Road 951 (C.R, 951); thence South (Y z a o 02'15'33" East, along the Westerly right -of -woy F- I line of County Rood 951, for a distance of to <N C'4 135.75 feet, the POINT OF BEGINNING. Y { Containing 6917. 64 sq. feet or 0.1588 acres, more or less. r I OCT ✓ DAVID J. HYATT, S.M. OR THE FIRM) FEE SIMPLE FLORIDA LIC. N 5834 INTEREST a ' 0 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. t I CERTIFICATE OF AUTHORIZATION LB #43 YRUJECT NO., 65061 1 PARCEL "O• 148B CLIENT' COLLIER COUNTY DEPARTMENT OF TRANSPORTATION W�I�1�111er TnE SKETCH & DESCRIPTION Plprws F.npMroM C•aabOW► Swnfm•Lanaroep�hrdRSab T/4flr(A71tlYrt LbnwrtMb Wfi onmffie, Ina MOA Mld)w. arm* 41d011'Ot Top DATE: PROJECT NO.: SHEET NUMBER; I FLE NO., MpNR3A1311Q4W -R *1XVF40e FWMN3T# r094k nmvNrau 0212005 N60I5- 005 -000 48B OF xxx 2L -812 Afar 44. 20(34 . VA-AR-Ad Ill lrlilOCIY• \CI,O \A,Rl1, [104 •.�•n" �.._ Agenda Item No. 16810 September 27, 2005 Page 1 of 8 ° EXECUTIVE SUMMARY Recommendation to award Collier County Bid No. 05 -3855 The Purchase & Delivery of Fungicides, Herbicides and Insecticides to the following bidders: 1. Helena Chemical Company (primary) 2. Pro Source One (secondary). OBJECTIVE: To provide an annual contract for the purchase and delivery of fungicides, herbicides and insecticides for all county departments and other governmental agencies. CONSIDERATIONS: Bid #05 -3855 was publicly advertised on June 27, 2005. Notices were sent to 44 firms with seven (7) requesting full packages. Seven (7) responses were received by the due date of July 20, 2005. Staff has reviewed the bids and recommends award to Helena Chemical Company as the primary, and Pro Source One as the secondary. Helena Chemical Company will be used first at all times. Pro Source One will only be used if Helena Chemical cannot provide in a timely manner or the product is unavailable. Other county departments and governmental agencies may also utilize this bid. FISCAL IMPACT: Funding will come from Fund (101) in the approximate amount of $200,000. Other using departments and governmental agencies will utilize their own funding sources. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid No. 05-3855 - The Purchase & Delivery of Fungicides, Herbicides and Insecticides to the following bidders: 1. Helena Chemical Company (primary), and 2. Pro Source One (secondary). Prepared by: Travis D. Gossard, Supervisor Vegetation Mgmt., Road Maintenance Department ou>oo Z-0 stv NZ stn 1.0 N �p� O C 0 CD O E z �a 01 mp O m a m m a C U- 6 pip m m SL t MM Q � 5t�� mmmmmm 4 Q 52 4. 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U UU =Dl212 zv)Q r. ou>o0 cn OH Q to WN aEi E CO O.9 O "O a) �- �cno,c 4 E a Z is me d �a 9m CL c :O U) NC W V N T d v U .O C 7 U- O .O LO a C n t m� mm m mmmmmmm mm `) 4 O ZZ O O Z 0 ZZZZZZZ 0 0 0 0 0 0 O Z.Z. O Cl) c� O tOA an :2.V U) I C 0 6a-9 mmImm 0�� C mm C O �_Q mm`m M ew ° o z z z z ZAZ z z °o tpn0C) 4T3O C — N U7 chP- NT��pp�Nrtc)n Ul) C '�rNtO `q' N Q mV m C p O m Ml m !A !!! T tR t 4 ZZC3 Z fAZ U�3 cz O ;Q C O_ fl d C O T7 Q Q O ism mh mmm mm 0ZZ zmmmm z z z41 z z z 8t0 Npt 4 Q � U)r� �%N.� -p C P• W) -* DWlq, OO N vNO tNtiO1Jr M r. 64) 4! V! U! N CO) .212 :0 N:Q:2:2.Q$.a .g2 mm m mmmmmm mm zz z �zzzzzz z z a° Lo .2:2 aac4!.a; LL mmmmmmm CL m 0000000 00 �" c Z Z Z tF} Z Z Z Z Z Z Z Z Z M tm M cm O tn to p U) tp W) to — — p M NN N C4(4CVC4TO- ') C _8 m C yy,�� C c O c to c N N �s��o%$o $ c m a a N C 8inN N - r-l*? a �. O M = m m cm C 8 Q N •- `' 3 v �. tm to N t CL O tC� N ` Co 7 7 w m m C g Q N O O m �mpj 03 > � p N tb – s, a > o C O Lu m G 0 10 cL O C CA O C N W W` O t0 O O J p C to O cr :3 o N W 0 to a C O Q C c m a M d .. � DC tD a� w E 7 a'5 °c' >cc `Y cc ..t vC = v =zz� 091cs cs(n C MCL a3 Agenda Item No, 161310 September 27, 2005 Page 7 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B10 Item Summary: Recommendation to award Collier County Bid No 05 -3855 - Purchase and Delivery of Fungicides, Pesticides and Insecticides to the following bidders: 1)Helena Chemical Company (Primary), and 2)Pro Source One (Secondary). ($200,000) Meeting Date: 9/2712005 9:00:00 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 9/12/2005 4:11 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 9/12/2005 4:16 PM Approved By John Vliet Roads Maintenance Superintendent Date Transportation Services Road Maintenance 911312005 6:42 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 911312005 10:51 AM Approved By Rookmin Nauth Accounting Technician Date Transportation Services Transportation Administration 9/13/2005 12:30 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/14/2005 6:50 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/14/2005 9:56 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2005 7:55 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/19/2005 10:59 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1912005 4:25 PM Approved By James V. Mudd County Manager Date Agenda Item No. 16810 September 27, 2005 Page 8 of 8 Board of County County Manager's Office 917912005 7:28 PM Commissioners Agenda Item No. 16B11 September 27, 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to authorize staff to approve one (1) Work Order for Bonness, Inc. for Construction of Golden Gate Beautification MSTU Sunshine Boulevard Landscape Improvements Project (Contract #05 -3773 'Annual Contract for Roadways Contractors') for a base amount of $301,691.31 and contingency of $16,848.82 for a total of $318,540.13 OBJECTIVE: The Approval of authorization for Work Order by Board of County Commissioners will allow staff to initiate issue of Work Order to Bonness, Inc. The Public Benefit of this project are Curbing and Accent Lighting for Sunshine Boulevard. CONSIDERATIONS: • On September 12, 2005, staff prepared a cost evaluation for the project to identify cost approved for funding through MSTU in the amount of $198,540.13 from Fund 136. The remaining amount of $103,151.18 will be paid through Road & Bridge Maintenance. Road & Bridge Maintenance has committed funding in the amount of $120,000 for this project through Fund 313, Project #60173. Staff has allocated $16,848.82 for contingency for this project. �-- • On August 30, 2005, the Golden Gate MSTU Committee reviewed the quotes received for the project and accepted the Bonness Quote for $301,691.31 as indicated by Cost Evaluation provided by Consultant. By a motion carried unanimously 4 -0 the Committee approved the MSTU funding for the project in the amount of $198,540.13, the remaining balance of $103,151.18 will be paid through Road & Bridge Maintenance Fund 313, Project #60173. • On August 17, 2005, Golden Gate MSTU Landscape Architect Consultant Mike McGee provided a cost evaluation for the Project. The cost evaluation identified the quote from Bonness, Inc. An Alternate in the amount of $23,742.76 was not selected. The total Bonness Quote is therefore $301,691.31 • Quotes received from Annual Contractor List (Contract #05 -3773) is as follows: Bonness, Inc. $325,434.07 Better Roads $591,412.25 Quality Enterprises $448,949.18 Based on Quotes received, Bonness, Inc. is the apparent lowest, qualified, responsive bidder. FISCAL IMPACT: Funds are available in the amount of $198,540.13 from Golden Gate MSTU Fund (136). Funding in the amount of $103,151.18, plus contingency of $16,848.82, for a total of $120,000.00 is available from Gas Tax Fund (313), Project #60173 (Road & Bridge Maintenance). F Agenda Item No. 16611 September 27, 2005 Page 2 of 11 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorize staff to initiate the processing of one (1) Work Order for Construction of Golden Gate Beautification MSTU Sunshine Boulevard Landscape Improvements Project in accordance with terms and conditions of Contract #05 -3773 'Annual Contract for Roadways Contractors' for a base amount of $301,691.31 and contingency of $16,848.82 for a total of $318,540.13. Prepared By: Darryl Richard, Project Manager, ATM Department Attachments: 1) August 17, 2005 McGee Cost Evaluation; 2) August 30, 2005 Golden Gate MSTU; 3) Quote Tabulation Sunshine Project 4) September 12, 2005 Staff Cost Evaluation; 5) Work Order BOC- FT- 3773 -05 -10 1r- Agenda Item No. 16811 September 27, 2005 Page 3 of 11 COLLIER COUNTY .. BOARD OF COUNTY COMMISSIONERS Item Number: 16811 Item Summary: Recommendation to authorize staff to approve one (1) Work Order for Bonness, Inc. for Construction of Golden Gate Beautification MSTU Sunshine Boulevard Landscape Improvements Project (Contract #05 -3773 'Annual Contract for Roadways Contractors') for a base amount of $301,691.31 and contingency of $16,848.82 for a total of $318,540.13. Meeting Date: 9/27/2005 9 :00:00 AM Prepared By Darryl Richard Project Manager Date Transportation Services Transportation Operations 9/12/2005 4:23:27 PM Approved By Darryl Richard Project Manager Date Transportation Services Transportation Operations 9/12/2005 4:25 PM Approved By Director of Alternative Transportation Diane B. Flagg Modes ATM Director Date Transportation Services Alternative Transportation Modes 9/1212005 4:28 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9/12/2005 4:51 PM Approved By John Wet Roads Maintenance Superintendant Date Transportation Services Road Maintenance 9/13/2005 6:45 AM Approved By Gloria Herrera Management/BudgetAnalyst Date Transportation Services Transportation Operations 9/13/2005 6:09 AM Approved By Dale A. Bathon, P.E. Prinicipal Project Manager Date Transportation Engineering and Transportation Services Construction 9/13/2005 8:45 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/1312005 10:53 AM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 9/13/2005 2:44 PM Approved By Steve Carneli Purchasing /General Svcs Director Date Administrative Services Purchasing 9/14/2005 8:52 AM Agenda Item No. 161311 September 27, 2005 Page 4 of 11 Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 9114/2005 10:28 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/14/2005 10:34 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1512005 7:56 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9120/2005 10:21 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/20/2005 5:17 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/2112005 9:13 AM Commissioners �U� r O r 8 � o 03 tm Ewa 4 U. � � 3 CO Q -O CI) � � m Q 3 O tp C C 7 LL U) z � O W owe U 0 O g0 m� w Z � to =0 �U z W O nm. 4� U W H W m W 4 C9 pW J 0 0 O 00 :3 rte, O fR N W cli m N Y9 T J. M N tico m 1? .1 Off 2 N Y 4 W m � � h ti N OMf r f 9. Of Opf N► l'? r f��p� H O La � N M y�y 80 O r� co o w O S W O pp Vim! O Vim' to r N � CL o = §�_ m e p c m e p c m rp c p c _ m c _ m us _ m vs wcn05o E LL! E m ui Q W 4 V Q 2 m W a ul J Z Z a v yy FF' w uj N V Q J -j z F � N Z_ v O W Z 0 z M LL z O U Z 0 i z O N U N H 0 °ug N G iU LL g W W w 4 a C9 z w w W O a W Z D z LL N M U 6 O S 8 g LO M LO w � w l+► Vi M o � ~ E Q CO J 0 N CL _ SO t L N a O Cn a" Z IL N W Q W Ve N N E •N g- N7 E 04 m J; 4 U. W LU W W G. rsn Q ,� w ° U Y m Z m p Q U ° U > U r 0 H p ~ C7 J p c 0 'k 0 N Agenda Item No. 16B11 September 27, 2005 Page 6 of 11 Quote Tabulation - Sunshine Project (Contract #05 -37731 Bonness Inc. Item 01- Sleeving 02- Lighting Installation 03- Asphalt Paving 04- Concrete Curbing 05 -Site Preparation Mobilization Maintenance of Traffic Survey Total Minus Alternate Item 05 Bonness, Inc. Quote Better Roads Item 01 -S leeving 02- Lighting Installation 03- Asphalt Paving 04- Concrete Curbing 05 -Site Preparation Total Quote $76,791.93 $56,441.44 $26,590.95 $91,941.58 $56,181.79 $2,193.23 $6,991.77 $8,301.38 $325,434.07 -$23.742.76 (ALT. - 2" SCH 40 PVC Electric Conduit $301,691.31 - Total Quote $56,772.00 $74,382.50 $71,291.00 $231,775.00 $151,041.75 Better Roads Total Quote $591,412.25 Quality Enterprises Item 01- Sleeving 02- Lighting Installation 03- Asphalt Paving 04- Concrete Curbing 05 -Site Preparation Total Quote $81,973.75 $134,036.25 $49,116.25 $124,842.50 $42,780.43 Quality Enterprises Total Quote $448,949.18 C) CO O 0 N fA % jV O cn ti � N O 6N9 ti d� 609 v � of O � O ~ r M O CO O � M r y' � N lA M O O O $C O C N N E.0a E V ... cC c�. 'O Q7 M C (n tm 4 W 3 uj co C > U CL 2 W m V D z 0 >a J D m Q W > Z � z0 N z W N W ZpO Z 04 Q� V H a� W m W a 0 z W 0 J 0 0 °a r a O O 69} LO O> 69 0 N fA V Q c�pp t[) d3 cn ti � N O 6N9 ti d� 609 M cn � of O � O ~ r M O CO O � M r y' � N lA M O O O $C O C N N M O C C c m m c o m m m c 01 m c m m c 6> m c N G c W Co C 2 N ca C C 4) C m 3 N G O m G �" ' d a 1C0 m C �+ C 0. fn 'C 13L Om w U W J = � LL W N m J N a N W h z Z g U � Q W a z a � � O W J IX v � fz'- H 0 N v� U Q z O n W m f- Z g N z W ce a z O U W Q m 0 z 0 U U WH J W U a i U y J Q 0 0 N as Agenda Item No. 161311 September 27, 2005 Page 8 of 11 GOLDEN GATE M.S.T.U, ADVISORY August 30, 2005 COMMITTEE 2885 Horseshoe Drive Naples, FL 34104 Minutes I. The meeting was called to order by Rich Sims at 4:02 PM. II. Attendance: Members: Cheryle Newman, Rick Sims, Patricia Spencer, and Barbara Segura County: Darryl Richard- Project Manager Others: Mike McGee -McGee & Assoc., Michelle Guerrero - Manpower III. Approval of Agenda Chairman Rick Sims approved the agenda with no changes. VIII. Old Business A. Approval of funding for Sunshine Project Mike McGee reviewed the project and cost evaluation with Bonness being the lowest most comprehensive bidder. He addressed questions and gave clarification where needed. It is standard for a contractor to lay some sort of protection over the site area for erosion and liability reasons. Darryl Richard noted that because the project is over $200,000 it must go before the Board of County Commissioners. The dollar amounts were reviewed as to what different entities will be paying. Cheryle Newman moved to approve $198,540.13 with the addition of a 10% contingency for the funding of the Sunshine Project. Second by Barbara Segura. Carried unanimously 4 -0. IX. New Business A. Recommend Applicants for Board Vacancies Barbara Segura moved to have Patricia Spencer serve anot*A "r4o. 16811 term as a board member for the Golden Gate M.S.T.0 Advisory eptember 27, 2005 Committee. Second by Rick Sims. Carried unanimously 4-0. Page 9 of 11 Barbara Segura moved to have Cheryle Newman serve another four year term as a board member for the Golden Gate M.S.T.0 Advisory Committee. Second by Rick Sims. Carried unanimously 4 -0. X. Committee Member Reports Rick Sims addressed Barbara Segura's questions. Discussion occurred on the need for the September 130' meeting; with the conclusion of a need existing. Barbara Segura noted that due to extenuating circumstances there is a possibility she may not be able to attend the meeting. XI. Public Comments - None Being no further business to come before the Committee, the meeting was adjourned by the Chairman at 4:52 PM. The next meeting Is scheduled for September 13, 4:00 PM At Golden Gate Community Center Naples, FL PA Agenda Item No. 16B11 September 27, 2005 Page 10 of 11 WORK ORDER # BOC -FT- 3773 -05 -10 "Contract 05 -3773 Annual Contract For Roadways" This Work Order is for Roadway Improvements, subject to the terms and conditions of the contract referenced above, for work known as: Project Name: Golden Gate Beautification MSTU Sunshine Boulevard Landscape Improvements Project The work is specified in the proposal dated June 24, 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 # BOC- FT- 3773 -05 -10 is assigned to: Bonness, Inc. Scope of Work: As detailed in the attached proposal and the following: Task Description Quantity Unit Unit Cost Total • Task 01 As Built Plans - Sleeving 1.0 LS $1,727.28 $1,727.28 • Task 02 2 HDPE Sleeves 639.00 LF $27.64 $17,661.96 • Task 03 4" HDPE 100.00 LF $27.64 $2,764.00 • Task 04 6" HDPE 559.00 LF $55.27 $30,895.93 • Task 05 Alt. -NOT SELECTED - - - - - -- - -- $ - - - - -- $ --------- _ • Task 06 As Built Plans- Lighting 1.0 LS $1,842.43 $1,842.43 • Task 07 Electrical Service Feed 3.00 Ea. $287.88 $863.64 • Task 08 Decorative Lights 12.0 Ea. $316.67 $3,800.04 • Task 09 Install Bases 12.0 Ea. $863.64 $10,363.68 • Task 10 2" SCH 40 PVC 1,881.00 LF $7.31 $13,750.11 • Task 11 Electric Conductors 859.00 LF $2.42 $2,078.78 • Task 12 Alt. 2" SCH 40 PVC 859.00 LF $27.64 $23,742.76 • Task 13 As -Built Plans- Paving 1.0 LS $2,533.34 $2,533.34 • Task 14 Asphalt Paving Misc. 26.0 TON $121.57 $3,160.82 • Task 15 Paving Turn Lane 1" 27.0 TON $127.72 $3,448.44 • Task 16 Paving Turn Lane 3" 81.0 TON $78.21 $6,335.01 • Task 17 Stabilization Type B 487.0 SY $6.06 $2,951.22 • Task 18 Base 10" limerock 487.0 SY $16.76 $8,162.12 • Task 19 As -Built Plans Curbing 1.0 LS $3,915.17 $3,915.17 • Task 20 Curb - Type D 8,391.0 LF $9.77 $81,980.07 • Task 21 Curb - Type D - depressed 42.0 LF $9.77 $410.34 • Task 22 15" Culvert 1.0 LS $5,636.00 $5,636.00 • Task 23 Claring & Grubbing 1.0 LF $10,122.77 $10,122.77 • Task 24 Vegetation Removal 1.0 LS $3,053.80 $3,053.80 • Task 25 Remove Asphalt Pavement 838.0 SY $10.39 $8,706.82 • Task 26 Remove Curbing 1,546.0 LF $2.70 $4,174.20 • Task 27 Herbicide Application 1.0 LS $1,980.61 $1,980.61 • Task 28 On -Site Grading 1.0 LS $23,856.29 $23,856.29 • Task 29 Sodding (Bahia) 2,400.0 SF $0.24 $576.00 • Task 30 Seeding 61,855.0 SF $0.06 $3,711.30 Schedule of Work: Complete work within 120 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 the negotiated lump sum amount indicated in the schedule below (if task is time and material, so indicated and use the established hourly rate(s) as enumerated in Schedule'A' of the Agreement). TOTAL FEE $301,691.31 Agenda Item No. 16811 September 27, 2005 Page 11 of 11 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: Darryl Richard, Project Manager, ATM Dept. APPROVED BY: Diane Flagg, Director, ATM Department APPROVED BY: Norman Feder, Administrator, Transportation ACCEPTED BY: Bonness, Inc. Signature of Authorized Company Officer Type or Print Name and Title Date Date Date Date Agenda Item No. 16812 September 27, 2005 EXECUTIVE SUMMARY Page 1 of 8 .. Recommendation to approve budget amendments in the amount of $300,000 for Port of the Isles community where $300,000.00 will be reimbursed through the Florida Department of Transportation (FDOT) Federal Enhancement program. OBJECTIVE: To obtain Board of County Commissioners approval of a budget amendment in the amount of $300,000 for Port of the Isles community where $300,000 will be reimbursed through the Florida Department of Transportation Federal Enhancement program. CONSIDERATIONS: The Florida Department of Transportation (FDOT) has programmed $300,000 with Federal Enhancement Program funds in its Five -Year Work Program for "enhancements" along US 41 (CR 92 to the Dade County Line) associated with its designation as a National Scenic Byway. On May 24, 2005 (Item 10G), the Board of County Commissioners authorized its Chairman to enter into a LAP Agreement with the Florida Department of Transportation (FDOT) for a reimbursable grant in the amount of $300,000. The funds address the cost of design and construction. The design funding total of $75,000 is programmed in FY 2004/05 and the remaining $225,000 is programmed for construction in FY 2005/06. The enhancements are on US 41 (Tamiami Trail) at the Port of the Islands Community and FAKA Union Bridge. Additional funds are needed for permits; FP &L power connections, impact fees, and contingency. FISCAL IMPACT: A budget amendment is needed to recognize $300,000 from the Florida Department of Transportation fund (112) for a total of $300,000. The funds are to be transferred to the Port of the Islands Landscaping Project #600521 and will be reimbursed by FDOT up to $300,000. The Port of the Islands Community Improvement District has indicated they will maintain the project. A landscape maintenance agreement between the Port of the Islands Community Improvement District and the County will be executed following FDOT plan approval. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board approve budget amendments in the amount of $300,000 for Port of the Isles community where $300,000.00 will be reimbursed through Federal Enhancement program. Prepared By: Pamela Lulich, RLA, Project Manager Alternative Transportation Modes Agenda Item No. 16B12 September 27, 2005 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161312 Item Summary: Recommendation to approve budget amendments in the amount of $300,000 for Port of the Isles community where $300,000.00 will be reimbursed through the Florida Department of Transportation (FDOT) Federal Enhancement program. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 91121200511:03:44 AM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 9/12/2005 11:03 AM Approved By Director of Alternative Transportation Diane B. Flagg Modes ATM Director Date Transportation Services Alternative Transportation Modes 9/1212005 3:33 PM Approved By Gloria Herrera Manage ment/Bud get Analyst Date Transportation Services Transportation Operations 9/1212005 3:35 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 9/1312005 2:50 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/1412005 10:15 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9/14/2005 12:00 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/14/2005 1:46 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2005 7:49 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 5:14 PM Approved By Agenda Item No. 16B12 September 27, 2005 Page 3 of 8 James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/2112005 8:57 AM Overview Analysis Located near Port of the Islands, the Fake Union Canal Bridge has potential to provide an enjoyable stop for many highway users. Existing conditions do not allow for convenient roadside parking and safe use of the existing bridge for Manatee viewing. There Is a paved 7' wide highway shoulder on the bridge without guard rgN between pedestrians and traffic, creating unsafe conditions for pedestrians. Recommendations Provide convenient parking for automobiles, the disabled and Rvs west of the eastbound side of the bridge. Construct pedestrian oriented scenic overlooks on the existing bridge shoulder with Manatee overlooks on the east and west ends, and another centered overthe canal. Provide a shaded walkway that will extend from the parking to the viewing areas on the west side of the bridge and provide an interpretive pavilion. Provide bench and picnic table seating, handrails, and Interpretive displays at Manatee viewing areas at the highway overlook and lower level deck overlooks nearthe water. Site Data - Improvements 1 New Impervious - Parking: 2 New Impervious - Sidewalk: 3 New Viewing Deck: 4 New Fill Pad (3 it depth): 5 New Gravity Wall 6 New Trees 7 New Retention Area 8 New Highway Fill Pad 9 New Guard Rail Note: FIN pad Is estimated. No site surrey (boundary or topographic) was provided. Agenda Item No. 16612 September 27, 2005 Page 4 of 8 TAmmi TRAIL NATIONAL SCENIC Hie"wAY FAKA UNION CANAL BRIDGE Specifics Provide approximately 8,700 sf of asphalt area with 18 standard spaces, 2 ADA spaces and 1 RV space. Provide approximately 5,000 sf of asphalt for sidewalks and viewing areas with handrails where appropriate. Provide approximately 2,000 of of viewing deck with handrails. Provide approximately 52,000 d of fill pad. Provide approximately. 490' of 5' high gravity wall. Add approximately 45 native trees for parking area and viewing areas. Povide as necessary to meet SFWMD requirements. Provide as necessary to meet DOT standards. Provide new or relocated as necessary. Tamlaml Trail - US 41 Limit of work within DOT RJW Tamlaml Trail - US 41 Eastbound BURT.. o N ZN N a? E a� co a c m� Q 0 t_ LC C g n 0 IWO N C T W Cc € ; O wo C ,C Cr of 32 IL c CL N of m r i ' W CO z Ofd t: t �r s #� Y E U py Wit` a rt Agenda Item No, 16812 September 27, 2005 EXECUTIVE SUMMARY Page 6 of 8 Recommendation to authorize Board of County Commissioners Chairman to enter into a Local Agency Program (LAP) Agreement with the Florida Department of Transportation, on behalf of Collier County, for receipt of Federal dollars for Tamiami Trail enhancements at the Port of the Islands community. OBJECTIVE: To obtain Board of County Commissioners authorization for its Chair to enter into a Local Agency Program (LAP) Agreement with the Florida Department of Transportation for receipt of Federal dollars for Tamiami Trail enhancements in the vicinity of the Port of the Islands. CONSIDERATIONS: The Florida Department of Transportation (FDOT) has programmed $300,000 with Federal Enhancement Program funds in its Five -Year Work Program for "enhancements" along US 41 (CR 92 to the Dade County Line) associated with its designation as a National Scenic Byway. Although the MPO formally requested that the State and National Scenic Highway designation be removed from this section of US 41 at its May 13, 2005 meeting, MPO /County staff requests that the $300,000 be applied to a landscaping and proposed manatee viewing area project on US 41 at the Port of the Islands community and the Faka Union Canal Bridge. Due to the overall anticipated cost of this project, Staff is proposing that the construction be divided into phases that are specified upon the completion of the design phase. For example, the first phase could include the landscaping of the medians on US 41 and the construction of parking spaces at the Faka Union Canal Bridge with an interpretative kiosk. The remainder of this project, including the manatee overlook areas on the bridge, could be constructed in a second phase as discretionary funding becomes available. The Port of the Island Community Improvement District (CID) is committing to maintain this project and Collier County can enter into an Agreement with the CID to formalize this commitment. In order for local governments to receive Federal dollars through the Florida Department of Transportation, they must enter into a Local Agency Program (LAP) Agreement with FDOT. Collier MPO is not eligible to enter into a LAP Agreement and has asked that Collier County enter into such on its behalf. Design funding totaling $75,000 is programmed in FY 2004/05 and the remaining $225,000 is programmed for construction in FY 2005/06 of FDOT's Five -Year Work Program. Since this funding, particularly the $75,000 in FY 2004/05, have rolled forward for a number of years, Collier County stands to lose those dollars if a LAP Agreement is not executed by June 10. It should also be noted that Collier County still stands to lose these dollars, regardless of the action that is taken by the Board of County Commissioners, due to the MPO's request to remove the Scenic Highway designation. If the BCC decides to enter into a LAP Agreement with FDOT to receive these funds, staff will ask that the MPO Board endorse this action at its June 10th meeting. FISCAL IMPACT: Since the programmed $300,000 are Federal dollars, no County fiscal impact is anticipated with the design/construction. Likewise, the County would enter into an agreement with the existing Port of the Islands Community Improvement District regarding the maintenance of this project; no fiscal impact is anticipated with its maintenance. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. Agenda Item No. 16612 September 27, 2005 Page 7 of 8 RECOMMENDATION: Based on the action taken at the May 13th MPO Board Meeting, staff recommends that the Board of County Commissioners authorize its Chairman to enter into a LAP Agreement with the Florida Department of Transportation for the receipt of $300,000 for the design and construction of enhancements on US 41 (Tamiami Trail) at the Port of the Islands Community and FAKA Union Bridge. Prepared By: Charles Barmby, A1CP, Director, MPO Attachments: (1) Concept for FAKA Union Canal Bridge Manatee Viewing Area as included in Tamiami Trail Scenic Highway Master Plan; and (2) Resolution RESOLUTION NO- Agenda Item No. 161312 September 27, 2005 Page 8 of 8 RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING IS CHAIRMAN TO ENTER INTO LOCAL AGENCY PROGRAM (LAP) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR RECEIPT OF FEDERAL DOLLARS FOR TAMIAMI TRAIL ENHANCEMENTS AT THE PORT OF THE ISLANDS COMMUNITY WHEREAS, the Florida Department of Transportation has programmed $300,000 in its Five -Year Work Program for the design and construction of "enhancements" along US 41 (CR 92 to Dade County Line) associated with its status as a Florida Scenic Highway and National Scenic Byway; and WHEREAS, $75,000 is programmed for the design of these enhancements in FY 2004/05 and $225,000 is programmed for construction in FY 2005/06; and WHEREAS, residents in the Port of the Islands community request that the Faka Union Canal Bridge manatee viewing area project concept contained in the Tamiami Trail Scenic Highway Master Plan be implemented with a landscaping project concept it has developed within the medians of US 41; and WHEREAS, the Port of the Islands Community Improvement District agrees to the on -going maintenance of these improvements; and WHEREAS, the $300,000 dollars programmed are from Federal Transportation Enhancement Program funds; and WHEREAS, agencies receiving Federal dollars through the Florida Department of Transportation (FDOT) must enter into a Local Agency Program (LAP) agreement with FDOT to receive those funds; __. and WHEREAS, the Collier MPO is not eligible to enter into a LAP agreement and has requested that the Collier County Board of County Commissioners enter into such an agreement on its behalf. NOW, THEREFORE BE IT RESOLVED by the Collier County Board of County Commissioners, that is authorizes its Chairman to enter into a LAP agreement with the Florida Department of Transportation to receive $300,000 for enhancements along US 41 at the Port of the Islands community and Faka Union Canal Bridge and that the Chairman is authorized to act on its behalf on other actions that are necessary to ensure receipt of these funds. Passed in open and regular session of the Collier County Board of County Commissioners, this day of , 2005. ATTEST: LIM James V. Mudd, County Manager Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Fred Coyle, Chairman Agenda Item No. 161313 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program Project No. 69081 in the amount of $70,302.77. OBJECTIVE: To obtain approval from the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program Project #69081 in the amount of $70,302.77. CONSIDERATIONS: Funds were received from various Developers /Developments in lieu of building a sidewalk/pathway as part of their Site Development Plan. These were funds in lieu of constructing required sidewalks in areas where planned right -of -way improvements scheduled in the Capital Improvement Program would cause the removal of sidewalk/pathways within two (2) fiscal years. The funds for the construction of sidewalks/bikepaths and bike lanes were to be placed into a fund for future construction of required sidewalks/bikepaths and bike lanes by the County. Funds were received from the following for the Pathways Program: Edixon Engineering $ 4,110.00 January 2005 Siena Marble & Granite Solid Waste Department $ 6,000.00 June 2005 Naples Landfill Business Land Developer $ 780.00 July 2005 Chapin Business Park Phoenix Associates $ 7,650.00 July 2005 Insignia Center 951 Land Holdings, LTD $25,500.00 August 2005 Fiddlers Creek South Commercial Center The Sembler Company $ 4,996.25 August 2005 Promenade at Naples Center Haleakala Construction $ 2,190.00 August 2005 Haleakala Office Building Davidson Engineering $19,106.52 September 2005 Immokalee Training & Manufacturing Institute Total Amount Received $70,302.77 These funds were deposited into a revenue account of the Transportation Pathways Program and need to be recognized for appropriation for future construction of pathways. FISCAL IMPACT: The funds were deposited into the Transportation Supported Gas Tax Fund under project #69081. A budget amendment is needed to recognize the revenue in the amount of $70,302.77 in the Transportation Supported Gas Tax Fund within the Pathways Project 69081. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment. Prepared By: Sharon Newman, Transportation Accounting Supervisor ,--. Agenda Item No. 161313 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161313 Item Summary: Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program Project No. 69081 in the amount of $70,302.77. Meeting Date: 9127/2005 9:00:00 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 91712005 11:20 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/12/2005 8:30 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/12/2005 10:53 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9112/2005 3:00 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 5:36 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 972112405 9:40 AM Commissioners Agenda Item No. 161314 September 27, 2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to accept a Quitclaim Deed for local streets in Pelican Bay. OBJECTIVE: To accept a Quitclaim Deed for various rights -of -way that had been dedicated to the County on plats, but are still listed under the name of WCI Communities, Inc. on the County's tax rolls. CONSIDERATION: WCI Communities, Inc. attorney and the County attorney have agreed to accept from WCI Communities, Inc. the attached Quitclaim Deed as appropriate action to remove WCI Communities, Inc. as the record title holder on the tax rolls. FISCAL IMPACT: There will be no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners accept the Quitclaim Deed from WCI Communities, Inc. Prepared by: Joan M. Smith, Property Acquisition Specialist, TECM Right -of -Way Attachment: Quitclaim Deed el- Agenda Item No. 161314 September 27, 2005 Page 2of10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B14 Item Summary: Recommendation to accept a Quitclaim Deed for local streets in Pelican Bay. Meeting Date: 9/2712005 9:00:00 AM Prepared By J. M. Smith Property Acquisition Specialist Date Administrative Services Real Estate Services 9/912005 10 :36:54 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9/9/2005 5:22 PM Approved By Lisa Taylor ManagemenUBudgetAnalyst Date Transportation Services Transportation Administration 9/12/2005 4:13 PM Approved By Jay Ahmed Director Date Transportation Engineering & Transportation Services Construction Management 9/12/2005 4 ;49 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Engineering and Transportation Services Construction 9/1212005 5:48 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9113/2005 1:21 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/15/2005 11:27 AM Approved By Patrick G. White Assistant County Attorney Date County Attorney County Attorney Office 9/15/2005 4:27 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1612005 9:04 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/1912005 9:09 AM Approved By Agenda Item No. 16B14 September 27, 2005 Page 3 of 10 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 9:26 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/20/2005 6:16 PM This instrument prepared by: Vivien N. Hastings 24301 Walden Center Drive Bonita Springs, FL 34134 Follo Nos: 66674375202 66674600605 25120000253 66679042501 66679012256 66679050027 66679081106 QUIT CLAIM DEED Agenda Item No. 161314 September 27, 2005 Page 4 of 10 THIS QUIT CLAM DEED executed this 19 day of ( 2, 005, by WCI COMMUNITIES, INC., a Delaware corporation, whose address is: 24301 Walden Center Drive, Bonita Springs, Florida 34134, ("Grantor'), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is: 3301 East Tamiami Trail, Naples, Florida 33412 (the "Grantee ") WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00, in hand paid by the Grantee, the receipt of which is hereby acknowledged, does hereby remise, release and quit -claim to the Grantee forever, all the right, title, interest, claim and demand which the Grantor has in and to certain land situate, lying and being in Collier County, Florida, more particularly described as: See Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use and benefit of the Grantees forever. lyslpelican baylquitclaimdeed.Collier County i Agenda Item No. 161314 September 27, 2005 Page 5 of 10 IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its name, by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered WCI CONZMUNITIES, INC., a Delaware in the presence of: corporation By: Christopher J. Hanlon Print Name: I-1i Senior Vice President Print Name: STATE OF FLORIDA COUNTY OF LEE The foregoing Quitclaim Deed was acknowledged before me by Christopher J. Hanlon, as Senior Vice President of WCI Communities, Inc., a Delaware corporation, on behalf of the corporation. He is personally known to me. WITNESS my hand and official seal this kqday of f , 2005. (SEAL) No Public Print Name: My Commission Expires: N LAUMv.sm�Y MY CWWSSION # DD 105226 ''W • e hard tlXTpIMU RE& A 1, 2006 lyslpeliean baylquitclaimdeed.Collier County Agenda Item No. 161314 September 27, 2005 Page 6 of 10 EXHIBIT "A" All of Tract "D ", Pelican Bay Unit Ten, according to the plat thereof recorded in Plat Book 15, Pages 64 through 67, inclusive, of the Public Records of Collier County, Florida (Right -of -way); and All of Outlot "A ", Pelican Bay Unit Thirteen, according to the plat thereof, recorded in Plat Book 16, Pages 80 through 86, inclusive, of the Public Records of Collier County, Florida (Right -of- way); and All of Tract "2 ", Pelican Bay Unit Fifteen, according to the plat thereof, recorded in Plat Book 18, Pages 5 through 14, of the Public Records of Collier County, Florida (Right -of -way); and All of Tract "C ", Pelican Bay Unit Sixteen, according to the plat thereof, recorded in Plat Book 18, Pages 35 and 36, of the Public Records of Collier County, Florida (Right -of -way); and All of Tract "C ", Pelican Bay Unit Nineteen, according to the plat thereof recorded in Plat Book 22, Pages 15 and 16, of the Public Records of Collier County, Florida (Right -of -way); and All of hammock Oak Drive, Pelican Bay Unit Seventeen, according to the plat thereof, recorded in Plat Book 22, Page 23, of the Public Records of Collier County, Florida; and All of Tract "All, Cambridge at Pelican Bay, according to the plat thereof, recorded in Plat Book 18, Pages 63 and 64, of the Public Records of Collier County, Florida (Right -of -way). 3 lyslpelican baylquitclaisndeed.Collier County Agenda Item N 6B Septemb r 20 Page f 10 r u �► v , w __> w N VERDE WAY N 1.1 a o w M , rri z LM Ln C4 a, 3a j, oo td' a ea m N N LM 1 V N p 0 w W � A LA I I 0 N w OD F J e IA w N N i it m a z w _ w AL V W Ja 7 ogk4, ,o4(r I a) -� co > r- w 0 J jI 9 PARCEL "A° TRACT 9 AOY) r Agenda Item No. 161314 September 27, 2005 Page 8 of 10 Bt c U9RARs PAO 1. ♦ I I :AT PEt�AN�BAY � tNE A1ARKE'IP"'L►;'^.Ott' \} 11 LLanar t tn;cr a we R I - - -- P4RCYl f 1w Ta ra jr AVALON ID G� .[•fi / 21 i'E1JGW BAY to 24 3D LAKE Li s P084TE u m e a..�o n� ti �$ aAy LAVE IACT • 1 2 0o L R •IF Vr Vl ' 1 *i o 1 � NATIONAL C+ BANK CF s V R a t NAPLES sL L'AMHiA*CE OF PELICAN BAY S PARtF3 ONE 0 ,. La lit "fir ZON E X � � a TM dRES+CEN? �a 44 y Two PARCEL Qc v R ra a P � • T � $ N--� 2--- =- r V ' � �S r 9 Agenda Ite No. 16B14 SeRtem 2006 ge 10 W,40-a e{O� S A fiM�ti c g r l c�� M L4y IJ N m x -_Z y 2 mm mo f J : ;ULFn ml I U ' Q ,,,wt Agenda Item No 16614 S e er 7, 2005 7 g 0of10 Agenda Item No. 16C1 September 27, 2005 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to award Bid #05 -3740R to Ferguson Enterprises, Incorporated and Hughes Supply, Incorporated for purchase of backflow prevention assemblies and associated materials in the amount of $300,000. OBJECTIVE: To obtain Board approval for an award of a bid to purchase backflow prevention assemblies and associated materials for use in the water distribution system. CONSIDERATIONS: Public Purpose: To comply with Collier County's Ordinance No. 97 -33 Cross Connection Control Ordinance, which mandates that cross connection control devices will be installed and maintained by the Collier County Water District at all service connections that pose a potential hazard to the potable water system. Scope: The scope of this bid includes the purchase of backflow prevention parts including reduced pressure zone devices and double detector checks, as well as, repair parts for these devices. Procurement: Bid #05 -370R was advertised on October 12, 2004 and fifteen (15) notices were sent to prospective bidders. On November 4, 2004 sealed bids were opened for this project. Three bids were received and are outlined on the attached Bid Tabulation Sheet. Staff has reviewed the bids received and have determined that Ferguson Enterprises was the low bidder on reduced pressure backflow prevention assemblies and wye strainers. Hughes Supply was the low bidder on double check valve assemblies and repair parts for both devices. FISCAL IMPACT: The annual impact of this purchase will be in the estimated amount of $300,000 annually beginning in FY06. The actual amount will vary depending upon the number of backflow prevention devices and repair parts needed to meet all requirements of Ordinance 97 -33. Funds are available in the Water Operating Fund 408, which is funded through user fees. GROWTH MANAGEMENT IMPACT: Award of this bid will have no growth management impact. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex- officio Governing Board of the Collier County Water -Sewer District award to Ferguson Enterprises, Incorporated and Hughes Supply Incorporated Bid 05 -374OR in the estimated annual amount of $300,000 for the purchase of backflow prevention assemblies and associated materials. PREPARED BY: Pamela Libby, Water Distribution Manager "I--.. Agenda Item No. 16C1 September 27, 2005 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C1 Item Summary: Recommendation to award Bid #05 -3740R to Ferguson Enterprises, Incorporated and Hughes Supply, Incorporated for purchase of backflow prevention assemblies and associated materials in the amount of $300,000. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Pamela Libby Water Operations Manager Date Public Utilities Water 9/112005 2:20:27 PM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 9/1/2005 2:26 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 9/2/2005 10:28 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 9/212005 3:23 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 9/2/2005 3:38 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 917/2005 8:12 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/9/2005 10:23 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 911212005 2:11 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 7:34 AM Approved By Randy Greenwald Management/BudgetAnalyst Date ^—^ County Manager's Office Office of Management & Budget 911512005 2:27 PM Approved By Michael Smykowski Management & Budget Director Date Agenda Item No. 16C1 September 27, 2005 Page 3 of 8 County Manager's Office Office of Management & Budget 9/16/2005 8:38 AM Approved By James V. 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CL�t 2R 9� �§ 2 ■& o Z �� $/ = f 2 2 �A/ �\ \ W. a$ ƒ\ \ � / _ ®@- � \7$ /ft\ 2Cf ¢/ a « §d � \) §o d\ 2\ k 2 4 K � Mj/ 0 m 0 Q) IN 77¥ /\k ® o z . ./ 0 j\\ 3 }k Yl / / _ � .o § \ C14 / » / » f � (D C) £ E 6 » 8 » «gym$ b J z f 0 ) \ j � c ƒ m ( \ 2 & § / k � .0 D 2 = § e W } c Q . $ S ' k k@� K\ U uk _ = o § - &x E oD.gam S d &} = /\ , {/ o u- 0§3 t Yl / / _ "I-~ Agenda Item No. 16C2 September 27, 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to award Work Order number UC -117 to Kyle Construction, Inc. in the amount of $375,580.00 for construction of the extension of the Water Main on White Lake Boulevard, Project 59005. OBJECTIVE: The public purpose is to enhance Solid Waste operations by supplying potable water to existing and proposed Landfill Facilities. CONSIDERATIONS: The scope of work includes the construction of approximately 4,750 feet of 10 -inch water main along White Lake Boulevard (formerly called Landfill Road) which will provide water services to existing and proposed Landfill Facilities. The Solid Waste Department submitted a Work Order for the design of the scale office and recycling center to the Board of County Commissioners (Board) regular meeting on November 18, 2003. The work order was approved by the Board in the amount of $125,000. The water main extension was added to the project after design plans had begun and the decision was made to not use an onsite potable water well, as is being done currently. Use of a potable water well is not in conformance with future plans for the Landfill and related facilities. Most importantly, a well would not provide adequate water service to support operation of the fire suppression system which is to be planned for the Landfill. Future development along White Lake Boulevard will be able to tap into this line for water service. A work order was completed November 19, 2004 for design of this water main project. In June 2005, price quotes were requested of three firms currently on the "Annual Contract for Fixed Term Underground Utilities Contractor" (# 04- 3535). On July 8, 2005, 3 quotes were received for the project as follows: Company Bid Kyle Construction, Inc. $ 375,580.00 Quality Enterprises USA, Inc. $ 419,906.25 Mitchell & Stark Construction Company, Inc. $ 647,450.00 The engineer's estimate for the project was $ 443,600. Kyle Construction, Inc. was the lowest responsive bidder and they have a satisfactory performance record on previous projects involving similar work. In consideration of this, staff recommends award of this work order to Kyle Construction, Inc. The Clerk's Finance and Accounting Division and Purchasing Department have reviewed the information contained in this Executive Summary. Executive Summary Award Bid Page 2 Agenda Item No. 1602 September 27, 2005 Page 2 of 11 FISCAL IMPACT: $375,580 is needed for the construction of the water line. Funds in the amount of $1,900,000 are available for construction of the project (59005) from the Solid Waste Capital Project fund (Fund 474) in the FY 2005 budget that was approved by the Board on September 23, 2004. GROWTH MANAGEMENT IMPACT: The Project is consistent with, and furthers the goals, objectives and policies of, the Collier County Growth Management Plan. The facility construction that the water line will serve enhances the Solid Waste Department and its contractor's ability to operate the Naples Landfill. RECOMMENDATIONS: That the Board, as Ex- officio the Governing Board of the Collier County Water Sewer District, award and authorize the Public Utilities Administrator to execute a standard County work order, after County Attorney review, for construction of the 10 -inch water main extension along White Lake Boulevard in the amount of $375,580.00 to Kyle Construction, Inc. PREPARED BY: R. Shane Cox, P.E., Senior Project Manager, Public Utilities Engineering Department. Agenda Item No. 16C2 September 27, 2005 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C2 Recommendation to award Work Order number UC -117 to Kyle Construction, Inc. in the Item Summary: for construction of the extension of the Water Main on White Lake amount of $375,580.00 Boulevard, Project 59005. Meeting Date: 9/27/2005 9:00:00 AM Prepared By R. Shane Cox, P.E. Senior Project Manager Date Public Utilities Public Utilities Engineering 8129/2005 2:05:52 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 8130/2005 8:25 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 8/31/2005 4:04 PM Approved By Daniel R. Rodriguez, M.B.A. Interim Solid Waste Director Date Public Utilities Solid Waste 9/2/2005 4:10 PM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 91712005 4:05 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 9/8/2005 3:02 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/9/2005 10:49 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9112/2005 2:12 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113!2005 7:35 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office office of Management & Budget 911912005 5:40 PM Approved By James V. Mudd County Manager Date Agenda Item No. 16C2 September 27, 2005 Board of County Page 4 of 11 Commissioners County Manager's Office 9/21/2005 12:46 PM +7740225 T-056 Agenda Item No. 16C2 0li -21 -06 11,,06am Froe-CoI l Ier County Attorney September 27, 2005 Page 5 of 11 -,. 1MtiRK C MAR "AMZ+Rt AL, CONTRACT PM 11-ppl-MORCUM " C."'1`RJR- WA4* u. amd ~ %fit# 'tale Work Oi+dsr ls ilw w ww ooa! mom Wme a m to tto te" *w =n0lJ" 0 #w C"vd lope, a wee, abase; %rVftt< IMOM IM: ift wmk is sped" in the w"d pno�poael rsdoefired .IUD IL 2Otk3 *0crt iCyh CvelsttuallIoEt, lrtc,. rrhtA rm No ffedailaa PMWod�k Omer of Smeag,af Wnrl9��drt st serY� id in �w placr srµl sA®alPoaelnns to aa�Ee�el tM6 'TOr 1�6nc +nskt SM, Whfe rMW l h d trotr► t* biw*df lo On WapW i.al dI% PrM**. Co Nkft work r IR oMsleis' do" front N0600 to hecow. Umimed be iUa MI at S.= Pot day td ate► WMPWNII� VW SM-16 urtd *Ed aorrtplsao�, liar seA d■y !h a 2M is MwGBd0& Ut a l's new still'► ram 4 of 10 Apsimm*K tlete atw* we compwaft Me Firm in aotxlydstice go Will Pd ow prow in dw PtoPMA Aft VMqN Meft stlbssgL%,nt to *0 d+epeRlttO K aPivd 9A be corm &md en +e Abrred OM WA surd clungs ae: A, 9 qp to of i weotded ChwW Orft A Onwnw*Ad I" b of the AMnnmment. AC 4W= BY: Kv%Gn"vu d w% IM Approved a to FbM OW _w r,,.,.�' ir' .•' %i t 0 L"d IllulwIllow. I 6kA P�J AN"I END Runde 474 Cost Center ITa415 Db)sOt Code: 0310100 Project XMInbler; $0004 N LO e (j O to O — �— N O ri ZN O 01 E a. = E co a? ,a cm w d 0 r� 07 a !" A V ti Z _ d 6L9 *Eb9 i ip6 ON I ma i io biswQ0 31AN d9E : ZO SO 80 i nC ell 5 Y o 'T n tn'U�V1NlLL11W69M ti c7 m r O° CL m IE CC =a O aa1=LLU.u.u.LLLL LLI 5 ►- � d rN1�!d +eleOl�epQlr�� V ti Z _ d 6L9 *Eb9 i ip6 ON I ma i io biswQ0 31AN d9E : ZO SO 80 i nC Agenda Item loo. 13 'C2 September 27, 2005 ' Page 7 of 11 I i COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT WL EAST TAA9AIYII TRAIL SERVICZ8 DtVIS10K PURCRAf31 O BUILDING NAFL & FLORIDA 341!2 (239) 992 -2W FAX (839) 732-0844 http1 /co.c*Uier.9Lus ADDENDUM DATE: dune 30, 2005 TO: Interested Bidders FROM: R. Shame Cox Project Manager Sr SUBJECT, Addendum # 2 — RFQ #04-3535- 'White Lake Blvd Wster Mein Extension" Addendum #2 covers the following changes for the referenced Bid: Change 1: Bidders will noto that 3 of the 5 Bast riologWal Sample Points need to be PermsnenL Change 2: Revised Bid Form. Cgliiier QWn_ty Public Udlifts Dwaftent - LandfSi 104nchWeber Main P_roiect W- sa dAr or Quo" Vakne No. p, pu„n ExOmMad unit of Manure Unit Prke Total Prlca ,i Mbil>zation 1 LS gra Z Perromranve and P ent Bond PM.Oone Zszsn AUdi.2L)Oftq ReeWdinO 1 LS 3 S LB n i ao 4 1 Tie-in to E)ftt)nWPr=sed Waftr Mains 1 LS W- sa dAr or `VII ViI LVVV VV•.V iLV �VVVI VVV 3 FUmlah end 6 Furnish and 7 Fumiah MM q 1 ! Famish grid lrtstau Td View Fax Mil Oev0ee 30 '{2 CdkK t data and furnish rword or 1 Total. trandAfr 10 4nd1 Water Unin, Hide it = t tMv t2: Chang* 3: Submktal date has been extended ton 4- .00PM, July 8, 2M. Agenda Item o- . 16C2 September 27, 2005 Page 8 of 11 �r�°Qo If you have any questions regarding the specifications, please contact Shane Cox at 23915305376, fax 2391530 -5378, or by 9=4 to shanscox@colliergov.net. g 13 o os'-' '(,"7-k, 4 0-� QL S k- ir r �N >°e��N �,f C - C7 L. ty ? yso !�-L LVVJ i•Til l/ 111 {,.IIJ1�1 \VVI VVJV V V i V V tun -Za-93 16 :ZZ F rev-Cal IIor County PurchasiN r . J Agenda Item No. 16C2 to r 27, 2005 221 T32 0044 T•i00 P.00FI��i Mge g of 11 6 AFUMIsh ar4 !"stall 104 PVC V011h PIP111110 4.750 L a Furnish and InaW 104nch Vdwes and Some 8 EA T Famish and Instal Air Release V a EA FUMkkMV Pnst K MfgM Anomblies e EA 10 Fw"Ish InSWI rio !M F ;oh d Ie>ste0 Ad Aonat ROM 7 FA 6 1 TN 11 ' Fulm h snd ln#d TdVWW F �MJMOM Pnices 1 30 1 I Cdleatdate and famish recoM OrMnas 1 j EA Toth. Landfil 104nch Water Vain, Olds Items i three 12: Change 3:, Submitta) date has been extended tan 4:00PM, July 4 2005. If you have any questions regarding the speclflcagons, please contact Shane Cox at 239/530 -5370, fax 239/530 -53781 or by email to shanecoxecolliergov.r # t. July 8, 2005 Please refer to attached gage for quote. The space provided above is too small to fill 1a. Thank you, Quality Eaterpr:1 ;888 FJ , Inc. JVL 4V LVVV L • TLI 11 111 LI /JL. 1 \vL 1 MJVV Agenda Item No. -11C2 September 27, 2005 Page 10 of 11 COLLIER COUNTY FLORIDA REOUEST FOR OUOTATION #0"535 WHITE LAKE BLVD. WATER MAIN EXTENSION COLLIER COUNTY PUBLIC UTILITIES DEPARTMENT - LANDFILL 104MCH WATER MAIN PROJECT DUE, July 8, 2003, 4:00 p.m. HO' Esdrnabed Unit a Unit Total Quint' Messare Price Price t MobilltsBon PeAermanoe 6 Pa rent Bond f LS T 500. $3T 540. 3 Pro- Construction Audio -Video Recording 1 1 L6 SCI 2t5Q.00 264.00. 4 Tie-in to Existin sed Watw Mains Furnish 1 LS i.s 125.00 $4,08150 33,!25.00 $4,--2.50 5 and Install 10 -inch PVC U Pipeline LF $49.25 $219,687.50 8 Furnish and Install 10 -Inch Valves and Boxes _4,760 8 EA -$2,812.50 $22,500.00 7 Furnish and Install Air Release VeMss 6 EA $Z375.00 $14,250.001 8 Furnish and install Fire rant Asaarnblies 8 EA $3,260.00 326 000.00 B FurnisR and Install BectwiCIDIPICal Sample Points Furnish 7 EA 4611-76, $17,281 26 10 and tnstalr Addldonal Fittln s 5 TN $12,500.00 $6 500.00 11 Furnish and Install TriView Flex Maridnq Devices 30 EA $125 t>fl O0 12 Caked date and furnish r000rd dravrin s f EA 55,000.00 ,75p 55,000.00 Total, L,aadfill 104nah Waisr Mein, Bid Rerns 1 thru 12: y418�Q Submitted by; Quality Enterprises USA, Inc, 8884 Mannlx Drive, Suite 219 Naples, FL 341144406 230-435-7200 23"38-7202 (Mx) R and R. Slicko, Vice Prewdent June 8, 2005 U o N O r 0) y] M M -00. C O Q a L w O M L 'F Cf O N d V M L �r OM � N O •r Tfy 77 1G .I Ln c +r N d ca o V N r.+ d M t N v O C N N V �w ^ J Z i N a W CL Q w o c a Z c v 3 R a Agenda Item No. 16C3 September 27, 2005 Page 1 of 6 ''' EXECUTIVE SUPyIl'VIARY Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfactions of Claim of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water /Sewer District of Collier County, Florida, recorded the Claim of Liens in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfactions of Claim of Lien. �— FISCAL IMPACT: Payment in full for these Claim of Liens increases the cash flow in the County's Sewer Impact fee Fund (413) by $4,939.09. The fiscal impact for recording these Satisfactions of Claim of Lien is approximately $30.00, which is to be charged to (Fund 408) the County Water /Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Claim of Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service Agenda Item No. 16C3 September 27, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C3 Item Summary: Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $30.00 to record the Satisfactions of Lien. Meeting Date: 9/27/2005 9:00:00 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 91712005 4:53 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 917/2005 5:01 PM Approved By Pam Calais Revenue Supervisor Date Public Utilities UBCS 9/8/2005 8:44 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 91812005 2:27 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/12/2005 2:13 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 7:37 AM Approved By Randy Greenwald Management/BudgetAnalyst Date County Manager's Office Office of Management & Budget 9/13/2005 11:38 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/13/2005 1:27 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/14/2005 7:09 PM Commissioners Agenda Item No. 16C3 September 27, 2005 Page 3 of 6 EXHIBIT «A» 1. Shirley Holland and Debra Holland, his wife, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00). Folio #48174600000. 2. Jean C. Jackmack and Kenneth F. Jackmack, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00). Folio #6315012000 3. Stephen W. and Jennifer K. MacAlister, securing the principal balance of two thousand two hundred fifty nine dollars and nine cents ($2,259.09). Folio #77314080000 Agenda Item No. 16C3 September 27, 2005 Page 4 of 6 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Lien against: Jackmack Jean C Jackmack Kenneth F 4810 Devon Circle Naples, FL 33962 The Lien was recorded on the 26TH day of July 1994, in Official Record Book 1971, Page(s) 918, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 14, BLOCK 7, UNIT 2, NAPLES SOUTH, COLLIER COUNTY, FLORIDA, AS RECORDED AMONG THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN PLAT BOOK 7, PAGE 68. FOLIO NUMBER: 6315012000 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 Approved as to form and Legal sufficiency: DAVID C. WEIGEL COUNTY ATTORNEY 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 FRED W. COYLE, CHAIRMAN Agenda Item No. 160 September 27, 2005 Page 5 of 6 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Lien against: MacAlister Jennifer K MacAlister Stephen W 252 Benson St. Naples, FL 34113 The Lien was recorded on 14TH day of November 1994, in Official Record Book 2002, Page(s) 330, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Thousand Two Hundred Fifty Nine Dollars and Nine Cents ($2,259.09), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 14, BLOCK 1, TRAIL ACRES, UNIT 3, PER PLAT IN PLAT BOOK 3, PAGE 94, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 77314080000 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 Approved as to form and Legal sufficiency: DAVID C. WEIGEL COUNTY ATTORNEY 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 FRED W. COYLE, CHAIRMAN Agenda Item No. 1603 September 27, 2005 Page 6 of 6 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Lien against: Shirley Holland and Debra Holland, his wife 3178 Lakeview Dr. Naples, FL 33962 The Lien was recorded on 13TH day of October 1994, in Official Record Book 1993, Page(s)1794, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 2, BLOCK 7, GULF SHORES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, AT PAGE 50, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 993, PAGE 1738 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48174600000 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 Approved as to form and Legal sufficiency: DAVID C. WEIGEL COUNTY ATTORNEY 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 FRED W. COYLE, CHAIRMAN Agenda Item No. 16C4 September 27, 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 1992 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 1992 Solid Waste Collection Services Special Assessments. 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 assessments 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 Assessments. °^ rovides that Satisfaction of Liens shall be Collier County Ordinance No. 90 -30, as amended, p approved by Resolution. The attached Resolution lists the 2 accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. 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 these two Satisfactions of Lien for the 1992 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service le- Agenda Item No. 16C4 September 27, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C4 Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste Item Summary: residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Meeting Date: 9/27/2005 9:00:00 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 917/2005 4:57 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 91712005 5:00 PM Approved By Pam Cailis Revenue Supervisor Date Public Utilities UBCS 9/8/2005 8 :45 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 918/2005 2:27 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 911212005 2 :14 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113/2005 7:37 AM Approved By Randy Greenwald Management/BudgetAnalyst Date County Manager's Office Office of Management & Budget 9/13/2005 1:34 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911312005 2:17 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911412005 7:11 PM Commissioners This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239)774-8400 Agenda Item No. 16C4 September 27, 2005 Page 3 of 5 Property Folio No. 00740440001 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: Steedley, Troy L =& Charlotte 123 Steven Lane Naples, FL 339610000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 12 51 26 UNREC LT 68 & 69 SUNSHINE MH PK DESC AS: BEG SE CNR OF SEC 12, S 335.26 FT TO PT ALG N R/W US #41, N 54 DEG W 1672.1 OFT, N 1841.63FT TO Folio No. 00740440001 PROJECT NO. 61000 Account No. 19457 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency David C. Weigel County Attorney By: FRED W. COYLE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Agenda Item No. 16C4 September 27, 2005 Page 4 of 5 Property Folio No. 01208840003 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: Flynn, James =& Rosemary PO Box 492 Chokoloskee, FL 339250000 The Lien was recorded on the 19th 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 Four Dollars and Seventy Four Cents ($104.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 24 53 29 LOT 34 OF THE UNRECORDED PLAT OF PLANTATION ISLAND UNIT 2 MOBILE HOME SITES, OR 305-160,.14 AC OR 1622 PG 1645 Folio No. 01208840003 PROJECT NO. 61000 Account No. 23906 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 September 27, 2005 RESOLUTION NO. 2005 - Page 5 of 5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94 -668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, 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. 19457 23906 This Resolution adopted this day of 2005, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda item No. 16C5 September 27, 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 and Customer Service Agenda item No. 16C5 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C5 Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste Item Summary: 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. Meeting Date: 9/27/2005 9:00:00 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 9/711005 4:58 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9!712005 4:59 PM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 9/8/2005 8:46 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 9/8/2005 2:28 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 911212005 2:15 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 7:38 AM Approved By Randy Greenwald Manage mentlBudgetAnalyst Date County Manager's Office Office of Management & Budget 9/13/2005 1:37 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9113!2005 2:13 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911412005 7:21 PM Commissioners This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C5 September 27, 2005 Page 3 of 4 Property Folio No. 00740440001 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: Steedley, Troy L =& Charlotte 123 Steven Lane Naples, FL 339610000 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 Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 12 51 26 UNREC LT 68 8,69 SUNSHINE MH PK DESC AS: BEG SE CNR OF SEC 12, S 335.26 FT TO PT ALG N R/W US #41, N 54DEG W 1672.1 OFT, N 1841.63 FT TO Folio No. 00740440001 Project No. 63000 Account No. 3573 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 Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Agenda Item No. 16C5 September 27, 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. 3573 This Resolution adopted this day of 2005, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: Approved as to form and legal sufficiency: David C. Weigel County Attorney FRED W. COYLE, CHAIRMAN Agenda Item No. 16C6 September 27, 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 1994 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 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95 -475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95 -475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $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 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 1994 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service Agenda item No. 16C6 September 27, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C6 Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste Item Summary: residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Meeting Date: 9127!2005 9:00:00 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 91712005 4:46 PM Approved By Jahn A. Yonkosky Utility Billing Director Date Public Utilities UBCS 917/2005 4:59 PM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 91812005 8:47 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 918/2005 2:28 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 911212005 2:14 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113/2005 7:39 AM Approved By Randy Greenwald Management /Budget Analyst Date County Manager's Office Office of Management & Budget 911312005 1:40 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9113/2005 2:07 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911412005 7:37 PM Commissioners Agenda Item No. 16C6 September 27. 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: 00740440001 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: Steedley, Troy L =& Charlotte 123 Steven Lane Naples, FL 339610000 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 Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 12 5126 UNREC LT 68 & 69 SUNSHINE MH PK DESC AS: BEG SE CNR OF SEC 12, S 335.26 FT TO PT ALG N R/W US #41, N 54DEG W 1672.1 OFT, N 1841.63FT TO Folio No. 00740440001 Project No. 64000 Account No. 2846 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By Approved as to form and legal sufficiency David C. Weigel County Attorney FRED W. COYLE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C6 September 27, 2005 Page 4 of 5 Property Folio No: 01208840003 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: Flynn, James =& Rosemary P O Box 492 Chokoloskee, FI 339250000 The Lien was recorded on the 14`r' 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 Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 24 53 29 LOT 34 OF THE UNRECORDED PLAT OF PLANTATION ISLAND UNIT 2 MOBILE HOME SITES, OR 305-160,14 AC OR 1622 PG 1645 Folio No. 01208840003 Project No. 64000 Account No. 3612 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 Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By FRED W. COYLE, CHAIRMAN Agenda Item No. 16C6 September 27, 2005 Page 5 of 5 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. 2846 3612 This Resolution adopted this day of , 2005, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BY: Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Agenda Item No, 16C7 September 27, 2005 Page 1 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C7 Item 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. Meeting Date: 912712005 9:00 :00 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 917/2005 4:46 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 9/712005 4:56 PM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 9/8/2005 8:46 AM Approved By Teresa Riesen Revenue Manager Date .... Public Utilities UBCS 9/8/2005 2:28 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/12/2005 2:15 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 7:39 AM Approved By Randy Greenwald Management/BudgetAnalyst Date County Manager's Office Office of Management & Budget 9/13/2005 1:44 PM Approved By Michael Smykowski Management& Budget Director Date County Manager's Office Office of Management & Budget 9/1312005 2:03 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/14/2005 7:44 PM Commissioners Agenda Item No. 1607 September 27, 2005 Page 2 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 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 and Customer Service This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C7 September 27, 2005 Page 3 of 5 Property Folio No. 00740440001 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: Steedley, Troy L =& Charlotte 123 Steven Ln Naples, FL 341148411 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: 12 5126 UNREC LT 68 & 69 SUNSHINE MH PK DESC AS: BEG SE CNR OF SEC 12, S 335.26 FT TO PT ALG N R/W US #41, N 54DEG W 1672.1 OFT, N 1841.63 FT TO Folio No. 00740440001 Project No. 65000 Account No. 3120 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C7 September 27, 2005 Page 4 of 5 Property Folio No. 01208840003 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: Flynn, James =& Rosemary PO Box 492 Chokoloskee, FL 341380492 The Lien was recorded on the Stn 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: 24 53 29 LOT 34 OF THE UNRECORDED PLAT OF PLANTATION ISLAND UNIT 2 MOBILE HOME SITES, OR 305-160,.14 AC OR 1622 PG 1645 Folio No. 01208840003 Project No. 65000 Account No. 3845 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney FRED W. COYLE, CHAIRMAN Agenda Item No. 16C7 September 27, 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. 3120 3845 This Resolution adopted this day of 2005, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Agenda Item No. 16C8 September 27, 2005 Page 1 of 8 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 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $58.50 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 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000 -237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments, Collier County Ordinance No. 90 -30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the four accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $58.50, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the four Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the four Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service Agenda Item No, 16C8 September 27, 2005 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C8 Item 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 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $58.50 to record the Satisfactions of Lien. Meeting Date: 9/27/2005 9:00:00 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/7/2005 4:45 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 9/712005 4:55 PM Approved By Pam Collis Revenue Supervisor Date Public Utilities UBCS 918/2005 8:49 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 918/2005 2:28 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/12/2005 2:16 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 7:40 AM Approved By Randy Greenwald Manage ment/B udget Analyst Date County Manager's Office Office of Management & Budget 9/13/2005 1 :49 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1312005 2:00 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1412005 8:12 PM This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C8 September 27, 2005 Page 3 of 8 Property Folio No. 00740440001 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: Steedley, Troy L =& Charlotte 123 Steven Ln Naples, FL 341148411 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 12 51 26 UNREC LT 68 & 69 SUNSHINE MH PK DESC AS: BEG SE CNR OF SEC 12, S 335.26 FT TO PT ALG N R/W US #41, N 54DEG W 1672.1 OFT, N 1841.63FT TO Folio No. 00740440001 Project No. 66000 Account No. 3175 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: FRED W COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 1608 September 27, 2005 Page 4 of 8 Property Folio No. 01208840003 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: Flynn, James =& Rosemary PO Box 492 Chokoloskee, FL 341380492 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: - 24 53 29 LOT 34 OF THE UNRECORDED PLAT OF PLANTATION ISLAND UNIT 2 MOBILE HOME SITES, OR 305-160,14 AC OR 1622 PG 1645 Folio No. 01208840003 Project No. 66000 Account No. 4077 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: FRED W COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C8 September 27, 2005 Page 5 of 8 Property Folio No. 29780800006 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: Hallahan III, John J =& Teresa 1058 Highlands Dr. Naples, FL 341032349 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: DECKER HIGHLANDS BLK C LOT 6 OR 1476 PG 832 Folio No. 29780800006 Project No. 66000 Account No. 6363 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 Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W COYLE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No, 16CB September 27, 2005 Page 6 of 8 Property Folio No. 39203520002 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: Helmer, Troy L Lee Helmer 261 121h ST SE Naples, FL 341173670 The Lien was recorded on the 87H day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 48 N 150FT OF TR 52 OR 1209 PG 1838 Folio No, 39203520002 Project No. 66000 Account No. 15875 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: FRED W COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 1608 September 27, 2005 Page 7 of 8 RESOLUTION NO. 2005- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000 -237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein, The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 3175 4077 6363 15875 This Resolution adopted after this majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 1608 September 27, 2005 Page 8of8 day of , 2005 after motion, second and BY: BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Agenda Item No. 16C9 September 27, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommend BCC approve the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2005/2006. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2006 budgets for solid waste disposal (Fund 470) and mandatory trash collection (fund 473). OBJECTIVE: To obtain Board of County Commissioners approvals for the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees. CONSIDERATIONS: The general waste tipping fee for material disposed of in the lined cell and rates for franchise commercial activity will be adjusted by the CPI of 3.511 % which covers the period of April 2004 through March 2005 pursuant to the terms of the franchise agreement. This will adjust the cost of Residential Municipal Solid Waste (MSW) from $35.01 to $36.24. Using the same CPI index, the current biomass rate of $22.58 will be adjusted to $23.37. All material types that are not residential will be adjusted by the CPI of 3.511% and also will have an increase of $1.15 for capital recovery and $1.15 for emergency response. The total tipping fee for non - residential MSW will be adjusted from $35.01 to $38.54. The proposed commercial rates and supplemental fees for commercial and residential service are included in the attached rate resolution. FISCAL IMPACT: The adjusted landfill tipping fees and the recycling center fees will provide estimated annual revenues of $17,654,300 for the Solid Waste Disposal Fund (470). The mandatory trash collection and disposal assessments will provide estimated annual revenues of $14,051,400 for the Mandatory Trash Collection Fund (473). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item RECOMMENDATIONS: That the Board of County Commissioners approves the submitted rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2006, PREPARED BY: Gary R. Morocco, Operations Manager, Solid Waste, and Teresa Riesen, Revenue Manager, Utility Billing and Customer Service. Rate FY 05 Rate FY 06 Increase Residential MSW $35.01 $36.24 $1.23 Residential Biomass $22.58 $23.37 $.79 Non - Residential MSW $35.01 $38.54 $3.53 The proposed commercial rates and supplemental fees for commercial and residential service are included in the attached rate resolution. FISCAL IMPACT: The adjusted landfill tipping fees and the recycling center fees will provide estimated annual revenues of $17,654,300 for the Solid Waste Disposal Fund (470). The mandatory trash collection and disposal assessments will provide estimated annual revenues of $14,051,400 for the Mandatory Trash Collection Fund (473). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item RECOMMENDATIONS: That the Board of County Commissioners approves the submitted rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2006, PREPARED BY: Gary R. Morocco, Operations Manager, Solid Waste, and Teresa Riesen, Revenue Manager, Utility Billing and Customer Service. Agenda Item No. 16C9 September 27, 2005 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C9 Item Summary: Recommend BCC approve the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2005/2006. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2006 budgets for solid waste disposal ((Fund 470) and mandatory trash collection (fund 473). Meeting Date: 9/27/2005 9:00:00 AM Approved By Gary R. Morocco Operations Manager Date Public Utilities Solid Waste 9/7/2005 2:10 PM Approved By Daniel R. Rodriguez, M.B.A. Interim Solid Waste Director Date Public Utilities Solid Waste 9/712005 2:42 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 9/812005 2:38 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 91912005 10:30 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 9/1212005 2:03 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/12/2005 5:35 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1312005 11:11 AM Approved By Randy Greenwald Management/BudgetAnalyst Date County Manager's Office Office of Management & Budget 9/14/2005 11 :10 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/15/2005 12:30 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1712005 2:22 PM Agenda Item No. 16C9 September 27, 2005 Page 3 of 13 RESOLUTION NO. 2005 - RESOLUTION SUPERSEDING RESOLUTION 2004 -305 AND ESTABLISHING THE FEES, RATES AND CHARGES FOR USE OF COLLIER COUNTY SOLID WASTE FACILITIES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 84-31. WHEREAS, The Board of County Commissioners through County Ordinance No. 84 -31 has implemented the user fee system for solid waste to all public and private users. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION 1: Resolution No. 2004 -305 is hereby superseded in its entirety. SECTION 2: The following fee schedule is approved for all users of the Collier County Solid Waste Facilities: Landfill Fees: All fees are based on certified scale weight, per cubic yard fee, or per tire fee. No rounding. • Mixed loads of biomass (land clearing, plant trimmings and grass cuttings) and other waste shall not be accepted. • Residential Municipal Solid Waste (MSW): $36.24/ton Commercial Municipal Solid Waste: $38.54 /ton • Mixed Waste (non -MSW): $43.11 0 Construction/Demolition Debris: $43.11 /ton • Residential Biomass: $23.37 • Biomass: $25.67 /ton • Tires cut into 8 equal pieces: $43.11 /ton • Whole tires: $110.11 /ton Agenda Item No. 16C9 September 27, 2005 Page 4 of 13 • Clean fill greater than 6 inches in size suitable for use as backfill (pre- qualified): $7.36 • Car or truck tires: $4.00 /tire 16 or larger size • Car or truck tires: $1.00 /tire 15 "or smaller size • Large tractor or heavy equipment tires on per ton basis only: $110.11 • Clean soil material less than 6 inches in size (to be tested and pre- qualified): $6.83 /ton • Clean source separated concrete material suitable for the artificial reef program greater than 3 cubic ft. (Requiring prep): $7.36 /ton • Clean source separated concrete material suitable for the artificial reef program greater than 3 cubic ft. (ready for use): No charge • Mobile Homes: $165.58 Per unit • Vehicle weighing/ non - landfill customers: $5.00 0 Service charges for Non - Sufficient Fund (NSF) Checks will be the face value of the check plus a service charge of $25, if the face value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40. if the face value exceeds $300, or an amount of up to 5 percent of the face amount of the check, whichever is greater. Definitions of Special Wastes: Special Waste I: Difficult -to -handle material requiring pre - acceptance site preparation (example: asbestos, ash, powders). $164.22 /incident, plus 2 times applicable base rate. Special Waste II: Waste requiring special acceptance procedures, but no special site preparation. Two times applicable base rate, except sludge at $35.01 /ton, accepted only in emergencies for Collier County Utilities. Agenda Item No. 16C9 September 27, 2005 Page 5 of 13 Special Waste III: Wastes that are prohibited by law or regulation for the landfill, but are deposited at Landfill working area and must be removed by contractor (example: whole tires, white goods, lead -acid batteries) $15.26 per item. Recycling Center Fees $5.00 /use /automobiles and station wagons both full -size and compacts (less than 1/2 cubic yard) $9.00 /cubic yard/trucks, trailers, vans (volume rounded to nearest yard) (more than 1/2 cubic yard) Car or truck tires: $4.00 /tire 16" or larger rim size. Car or truck tires: $1.00 /tire 15" or smaller rim size. Large tractor or heavy equipment tires accepted only at landfill. Electronics Residential: No charge. Electronics Commercial: $3.00 per item after the first three items. Fluorescent bulbs — All types: $30 per item after the first 10 items. HID Lamps: $1.00 per item after the first 10 items. Ballasts: $2.00 per item after the first 10 items. Items containing Freon: $5.00 Special handling charge. WAIVER OF FEES FOR LITTER AND CLEAN -UP PROJECTS Pursuant to Board of County Commissioners direction, BCC Agenda 7/31/01, 16C (3), neighborhood clean -up events will be limited to $4,000.00 per clean-up event, semi - annually. Public Utilities Administrator may authorize waiver of landfill tipping fees for these events. If estimated tipping fees exceed $4,000.00 the requesting party must appear before the Board of County Commissioners for approval. RESIDENTIAL COLLECTION AND DISPOSAL FEES Solid Waste Collection. Disposal and Administrative Fees Service District Number I: (Waste Management, Inc. Service Area) Assessment for curbside trash collection twice weekly, collection of Program recyclables once weekly, collection of yard trash once weekly and bulk items / white goods once weekly, is $153.70 for Fiscal Year 2006. Agenda Item No. 16C9 September 27, 2005 Page 6 of 13 Solid Waste Collection, Disposal and Administrative Fees Service District Number II: (Immokalee Disposal Company Service Area) Assessment for curbside trash collection twice weekly, collection of Program recyclables once weekly, collection of yard trash once weekly and bulky items / white goods once weekly, is $144.26 for Fiscal Year 2006. Special Request Backdoor Service: Service District Number I and Service District Number II; $391.29 per year in addition to the annual assessment for the unit. Recycling Cart Fees: Each residential unit is provided an initial container at no charge to the unit owner. Carts must remain with the residential unit regardless of change of unit ownership. Unserviceable carts must be presented in exchange for replacement carts. Replacement of carts due to loss or negligence of the residential unit is to be paid for by the customer at a cost of approximately $50.00 per cart. Standard Roll Cart Fees: Each residential unit is provided an initial container at no charge to the unit owner. Containers will remain with the residential unit regardless of change in unit ownership. Replacement of containers due to normal wear will be provided by the franchisee. Unserviceable containers must be presented for exchange. Replacement of containers due to loss or negligence of the residential unit will be paid by the customer in an amount equal to the franchisee's cost for the container, plus a $10.00 delivery fee. Each customer is entitled to one change of container size at no additional cost. A delivery charge of $10.00 will be paid by the customer for additional changes in container size. Customers requesting an additional container will pay an amount equal to the franchisee's cost, plus a $10.00 delivery fee. The County replaces containers that are stolen. COMMERCIAL COLLECTION AND DISPOSAL FEES Service District Number I: - Mandatory multi - family recycling collection fee is $.95 per -unit per - month. Service District Number II: - Mandatory multi - family recycling collection fee is $.98 per -unit per - month. Commercial Can Account — District I: - A 96 -gallon container collected twice a week is $12.81 /month or $153.70 /year. If a customer needs more than one container due to lack of space for a dumpster, each additional container is $12.81 /month or $153.70 year. The cost of disposal to be paid to the Solid Waste Trash Collection and Disposal Program for disposal per month is $4.40 /month or $52.70 /year per cart. This amount is to be paid monthly by Waste Management. Commercial Can Account — District II: - A 96- gallon container collected twice a week is $12.02 /month or $144.26 /year. If a customer needs more than one container due to lack of space for a dumpster, each additional container is $12.02 /month or $144.26 year. The cost of disposal to be paid to the Solid Waste Trash Collection and Disposal Program for disposal per month is $4.40 /month or $52.70 /year per cart. This amount is to be paid monthly by Immokalee Disposal. Recycling carts for clubhouses in areas where there is residential curbside collection shall be .. charged at the multi - family recycling rate; .95 per month or $11.40 per year. Agenda Item No. 16C9 September 27, 2005 Page 7 of 13 RATES FOR SUPPLEMENTAL RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE Residential Curbside Customers — District I/WMIF: Rear door service for non - handicapped customer $45.00 per unit/month Extra pick -up service (e.g., for move -in or move -out debris) $75.00, plus $10.00 for each item of bulky waste or white goods First request to exchange trash cart for a different size No charge Subsequent request to exchange trash cart for a different size $10.00 delivery per exchange Commercial Customers — District I/WMIF: Additional unscheduled pickups Same rate as routine collection service in commercial rate resolution per container size Opening and closing doors and gates No charge Unlocking and locking gates No charge Changing containers for increases and decreases in service No charge Exchanging the container for a different size, if requested more No charge than two times in one year Rolling out the container from an outside enclosure and No charge returning it to its original location WMIF privacy lock bar set -up $10.00 per month (per bar) Replacement fee for damaged lock bar $50.00 one -time fee (per bar) WMIF locks for containers $10.00 one -time fee (per lock) Re- instatement fee (i.e., returning container (s) after service stopped $67.00 each time Loading container (i.e., bagged MSW outside container) $25.00 per container Pressure washing 2, 4, 6 and 8 yard container) $90.00 per container Pressure washing roll -off compactor container (s) at time of service $275.00 per compactor container Maintenance of customer -owned container (s) $75.00 per hour,. plus all parts ( @cost plus 15 %) Collection of bulky waste and white goods $35.00 for first item, (note: WMIF may decline to provide this service, and if WMIF plus $10.00 for each Does, the customer may obtain this service from any other person) additional item Residential Curbside Customers — District II/ID: In yard service for non - handicap $60 per unit/year Extra pick -up service $50 plus $5.00 for each bulk item (white goods) Commercial Customers — District HAD: Extra pick -up service Same rate as routine collection service in Unlocking and locking gates monthExchanging container for a different size if more than 2 times Lock bar set up Replacement for damaged bar per bar Lock for containers Pressure washing containers Pressure washing roll -off compactor Re- locating customer owned containers Maintenance of customer owned containers Collection of bulk items and white goods Re- instatement fee (i.e., returning container /s after service stopped) Agenda Item No. 16C9 September 27, 2005 Page 8 of 13 commercial rate resolution per container size $10.00 per $35.00 per occurrence a year $10.00 per month $50.00 $10.00 per lock $40.00 per container $150.00 per container $25.00 per occurrence $50.00 per hour plus all parts @ cost $10.00 first item, $5.00 each additional item $67 each time COMMERCIAL AND RESIDENTIAL EXEMPTIONS All commercial and residential exemptions approved will require a semi - annual inspection of all vehicles. Cost per year for commercial and residential exemptions will be $50.00 per inspection or $100.00 per year. Commercial Disposal Fee: See Attached Schedules (4 pages) - Attachment No. 1 SECTION 3: The effective date of this Resolution shall be October 1, 2005. This Resolution adopted this 27th day of September 2005 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, Clerk f: Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LON FRED W. COYLE, Chairman Agenda Item No. 16C9 September 27, 2005 Page 9 of 13 David C. Weigel, County Attorney C) LO M U o CD 0- �N O "O _ O =Ea ma �oa c to Q r O Z Z O= W U Q W W O o W �' J C� J p O oz W W U o N ? O I F- W V W W W Z > U m W to N W W I- g a Q CS Lr1 O O v 0) wo t 0 Z W Q U U m f4 c ev Q I- w a 0 N n, " c. 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N O N O O r . r M M d' LO 00 CO 00 M Ln Ln Ul) O ti M r [I- I` J U '9T N (D CO O M Ln Ln r ti M 0) O N T O M 00 O P- Ln Cl) O O Ln r N M M M N It (D I'- CA O M LO 00 0) M Ln M (O 0 N I- FQ" J •= r- .- �= .- �- J �O U 64 64 64 69 69 EA 64 64 69 6% 69 69 69 64 69 64 64 Eta 64 6% 64 64 Es 69 ti ltT N M It In Y e N M 'It Ln CO —N M LOCO .- N CO d' Ln (D r CD Lij w L` WO_ a w c a W W HO Q N N N N N N �t tt It It It � CD O O (D (D O 00 00 00 00 00 O O ` 0 W N ` I� LL y = U LLJ 0 0 0 ti w w W IL N W 0.' Agenda Item No. 16C9 September 27, 2005 RATE SCHEDULE FOR SERVICE AREA NO. 1 Page 12 of 13 WASTE MANAGEMENT, INC. ROLL -OFF SERVICE - REGULAR COMMERCIAL CUSTOMERS SERVICE YEAR 10/1/05- 9/30/06 ATTACHEMENT NO. 3 EFFECTIVE DATE: 10/1/05 RATES ARE PER MONTH EQUIPMENT TOTAL MONTHLY SIZE EQUIPMENT CHARGE /CONTAINER 20 CUBIC YARDS $105.10 30 CUBIC YARDS $119.09 40 CUBIC YARDS $133.09 TOTAL HAUL CHARGE PER LOAD $105.13- 166.08 $105.13- 166.08 $105.13- 166.08 COMPACTOR VARIES $245.14 "VARIES DEPENDING ON DISTANCE FROM DISPOSAL SITE. ROLL OFF RATES DO NOT INCLUDE DISPOSAL CHARGES REINSTATEMENT CHARGE FOR SUSPENDED SERVICE DUE TO NON PAYMENT $70.05 RECREATIONAL VEHICLE PARKS, MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS THAT CONTRACT TO RECEIVE CURBSIDE SERVICE SHALL PAY THE RESIDENTIAL STANDARD CONTAINER RATE MULTIPLIED BY THE NUMBER OF LOTS MLOM U O r �O0 t- N O O !` Cf) Z N 0) E CB E E L cca 0) Q v O Z WO � O fy J O W P Q o� >go CL W W N Z o fl1�Q LU O H W Q " } O1 W p J 2 U 2 m 2 � U W N N W A rS c LO O) LC) O O N RCr r rn ►1 u lqr CO r Z W 0 Q U m CO c a) m Q r N a O a O d. 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O LO O Ln O r M Ln I` O r M t- r It* O N LC) r (D N t- CO W a Z r r r r N r r N N CO y 64 6s 69 64 63 64 64 64 69 ER 64 Vf . Eft Ef> 6% Ef3 6% Ef; Cl F- O LN N 0) ti O N d0' 00 N COD M O qt 0000 J U Q W N N N 00 4 Li Ln t• O CO Ln 00 M Ln M CO N N- <T CO N 00 r M N N C) 00 N W v r CV M M q t` Ln M O O r r N M d' V LCi 0 O c.i Efl 6Fi Efi Ef} Eft 69 Ef3 Ef> Ef9 Efi Ef3 Ei} 64 Eii Efi Ef! EA Efl Oe le cd 2 w Y r N M 14' In (O r N C'') It L!) (O r N M qt Ln CO jW- a' Q W � .. Q LL d W W D U. > rx F- �- Ln N N N N N N 't 't d It et O CO CO CO O CO Q U o _ G W LLJ �- W ti N >- 1- y LLJ W U w c LO O) LC) O O N RCr r rn ►1 u lqr CO r Z W 0 Q U m CO c a) m Q Agenda Item No. 16C10 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve an eight (8) month extension, through May 9, 2006, for the existing Deep Injection Well Construction Contract 01 -3193 with Youngquist Brothers, Inc. OBJECTIVE: The public purpose is to provide for the necessary procurement document and the continuity of services to construct, repair, and maintain the County's deep injection wells. CONSIDERATIONS: The existing Deep Injection Well Construction Contract (01 -3193) expired on September 9, 2005. It is recommended that Contract 01 -3193 be extended through May 9, 2006. This proposed eight (8) month extension of Contract 01 -3193 will allow Public Utilities to make the necessary emergency repairs and planned maintenance on well facilities and to drill new wells to meet demand and stay in compliance. Prior to May 9, 2006, a new Contract, encompassing the construction, repair, and maintenance of all potable and non - potable wells, will be prepared by staff and executed, pending Board approval. The scope of the new expanded Contract will incorporate not only Deep Injection Wells but Aquifer Storage and Recovery (ASR), Monitor, Shallow, and Mid -level wells. The eight (8) month extension will give staff time to develop the Scope of Work necessary to advertise for and award these services. It is expected that multiple firms will bid on the new Contract. Staff is currently working to develop a Scope of Work and will advertise a formal Request for Proposal in October 2005. The only current firm under the existing Contact 01 -3193, Youngquist Brother's Inc., has agreed to this proposed extension. All work approved under this extension will be consistent with the 2003 Water and Wastewater Master Plan Update, approved by the Board on May 25, 2004 as Agenda Item 10 D. FISCAL IMPACT: No additional work or funds are associated with this request. The cost of any project or work order associated with this contract extension will be from Water or Wastewater Impact/User fees as indicated in the FY 2005 budget that was approved by the Board on September 23, 2004 or the FY 2006 budget, as approved. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: Staff recommends that the Board of County Commissioners, as the Ex- officio Governing Board of the Collier County Water -Sewer District, approve an eight (8) month extension to May 9, 2006 on Contract 01 -3193, Deep Injection Well Construction with Youngquist Brothers, Inc. PRREPARED BY: William D. Mullin, P.E., Principal Project Manager, Public Utilities Engineering Agenda Item No, 16C10 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C10 Item Summary: Recommendation to approve an eight (8) month extension, through May 9, 2006, for the existing Deep Injection Well Construction Contract 01 -3193 with Youngquist Brothers, Inc. Meeting Date: 9127/2005 9:00:00 AM Prepared By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 8/3112005 11:57 :50 AM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 9/2/2005 8:36 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 9/2/2005 5:57 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/7/2005 8:21 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/9/2005 10:26 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9112/2005 5:36 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113/2005 11:04 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 9/15/2005 1:01 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 5:48 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9!2012005 3:01 PM Commissioners Agenda Item No. 16C11 September 27, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the Satisfaction for a certain Water and /or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment, and executes a Satisfaction for the Agreement To Extend Installment Payment of Water and /or Sewer System Impact Fees. CONSIDERATIONS: 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 satisfaction of this agreement have been made. The County Attorney's Office has reviewed and approved the satisfaction. FISCAL IMPACT: Satisfaction of this agreement has increased the cash flow in the sewer impact fee (Fund 413) by $1,180.00 The fiscal impact for recording the Satisfaction of Lien is approximately $18.50, 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 this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this agreement and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. r-- PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Agenda Item No. 16C11 September 27, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C11 Item Summary: Recommendation to approve the Satisfaction for a certain Water and /or Sewer Impact Fee Payment Agreement, Fiscal impact is $18.50 to record the Satisfaction of Lien. Meeting Date: 9127/2005 9:00:00 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/712005 4:25 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 9/7/2005 4:54 PM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 9/8/2005 8:50 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 9/8/2005 3:03 PM —. Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9112/2005 5:36 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113/2005 11:03 AM Approved By Randy Greenwald Management/BudgetAnalyst Date County Manager's Office Office of Management & Budget 9/13/2005 11:43 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/13/2005 1:30 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/1412005 7:40 PM Commissioners Agenda Item No. 16C11 September 27, 2005 Page 3 of 5 EXHIBIT "A" 1. Brigitte R. Simon, an unmarried woman, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81622440009 Agenda Item No. 16C11 September 27, 2005 Page 4 of 5 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: Brigitte R. Simon, a unmarried woman Whose mailing address 101 Sugarloaf Lane Naples, FI 34114 Bearing the date of the 161" day of July 1999, recorded in Official Record Book 2571 Page(s) 1748, 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. 61, WEST WIND MOBILE RESTATES, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, OF RECORD IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, AS AMENDED, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO. TOGETHER WITH THAT CERTAIN 1985 FLEETWOOD /GREENHILL MOBILE HOME, SERIAL #FLFL2AE363206195, TITLE 941180396, AND SERIAL #FLFL2BE363206195 AND TITLE 041180400. FOLIO NUMBER: 81622440009 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 Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No, 16C11 September 27. 2005 Page 5 of 5 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 FRED W. COYLE, CHAIRMAN Agenda Item No. 16C12 September 27, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment to transfer funds in the amount of $200,000 from project 725101, the North County Water Reclamation Facility ( NCWRF) Process Control Building Expansion to project 725091, the South County Water Reclamation Facility ( SCWRF) Process Control Building Expansion. OBJECTIVE: To obtain approval of a Budget Amendment to transfer funds from the NCWRF Process Control Building Expansion Project 72510 to the SCWRF Process Control Building Expansion Project 72509 in order to complete construction for expanding and modernizing the existing process control building at the South County Water Reclamation Facility to accommodate the technical needs imposed by the new plant expansion. CONSIDERATIONS: The final expansion to this plant is complete, but the scope of this expansion did not include modifications to the existing process control room facilities. These existing facilities are small and antiquated and do not accommodate the expanded operation. The key project elements are a new, enlarged process control room, a new meeting room, a new separate break room, new men's and women's locker rooms, a separate laboratory, a new office for the Plant Manager, a new records storage room and a new receptionist/secretary area with lobby. All of the work under this contract is being performed in such a manner that the operation of the plant continues uninterrupted. FISCAL IMPACT: A Budget Amendment is being processed to transfer $200,000.00 from project 72510 NCWRF Process Control Building Expansion, Fund 414, to this project. Subsequently this budget amendment approves funds in the amount of $994,000 available in County Project No. 72509 - "Expand South County Water Reclamation Facility 2"a Floor Process Control Building ". The source of funds is Fund 414 - Wastewater User Fees. This project is contained in the 2005 Fiscal Year Capital Improvement Budget approved by The Board of County Commissioners on September 23, 2004. The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary GROWTH MANAGEMENT IMPACT: This project has no impact on the Collier County Growth Management Plan and is consistent with the 2003 Wastewater Master Plan adopted by The Board of County Commissioners on May 25, 2004, item 10 C. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex- officio governing board for the Collier County Water -Sewer District, approve the necessary Budget Amendment to transfer funds from the NCWRF Process Control Building Expansion Project 72510 to the SCWRF Process Control Building Expansion Project 72509 to complete construction for expanding and modernizing the existing process control building at the South County Water Reclamation Facility '" Prepared By: Dayne Atkinson Project Manager Public Utilities Engineering Department. Agenda Item No. 16C12 September 27, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C12 Item Summary: Recommendation to approve a Budget Amendment to transfer funds in the amount of $200,000 from project 725101, the North County Water Reclamation Facility (NCWRF) Process Control Building Expansion to project 725091, the South County Water Reclamation Facility (SCWRF) Process Control Building Expansion. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Dayne Atkinson Project Manager Date Public Utilities Public Utilities Engineering 912/2005 4:27:06 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 912/2005 6:01 PM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 9/6/2005 8:52 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/7/2005 8:19 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/7/2005 4:24 PM Approved By G. George Yilmaz Interim WasteWater Director Date Public Utilities WasteWater 9/812005 4:08 PM Approved By James W. Del-ony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/12/2005 5:37 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 11:02 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 9/15/2005 1:10 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 912012005 6:26 PM Approved By Agenda Item No. 16C12 September 27, 2005 Page 3 of 3 James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9121/2005 8:33 AM Agenda Item No. 16C13 September 27, 2005 Page 1 of 6 Executive Summary Recommendation to approve a "Consent to Encroachment" for utility easements lying within Summerwind Apartments, Phase I and Phase II. OBJECTIVE: The public purpose is to obtain approval from the Board of County Commissioners, as the Governing Body of Collier County and as "Ex- Officio" the Governing Body of the Collier County Water -Sewer District (hereinafter referred to as "District ") to execute a Consent to Encroachment (Consent) affecting utility easements located within Summerwind Apartments Phase I and Phase II. CONSIDERATIONS: In 1992, the District acquired two easements from the developer of Summerwind Apartments for water lines to provide service to the development. Subsequent to the installation of the water lines, the developer constructed paved parking areas and concrete sidewalks within the boundaries of the easements. Summerwind Apartments is in the process of being sold, and Pine Ridge Associates, Ltd. and Pine Ridge Associates II, Ltd., the underlying owners, are requesting the District to consent to the encroachments in order to convey clear title to the property. The attached Consent allows the District to add to, repair, and replace its utility facilities within the easements; restricts the owners, their successors and assigns from adding further improvements within the easements without the District's approval; and protects the District from liability issues associated with the District exercising its easement rights as long as the owners' encroachments remain within the easements. The owners will pay for the cost of recording the Consent. The Consent document has been reviewed and approved by the County Attorney's Office and the Public Utilities Division. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the District: 1. Approve the Consent to Encroachment; and 2. Authorize Chairman Coyle to execute the attached Consent to Encroachment; and 3. Authorize Staff to record the Consent to Encroachment. PREPARED BY: Thomas A. Deusa, Property Acquisition Specialist .-- Real Estate Services / Facilities Management Department Agenda Item No. 16C13 September 27, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C13 Recommendation to approve a "Consent to Encroachment" for utility easements lying within Item Summary: Summerwind Apartments, Phase I and Phase II. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Thomas Deusa Property Acquisition Specialist Date Administrative Services Real Estate Services 9/912005 9:04:48 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 919/2005 10:42 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/9/2005 10:47 AM Approved By Charles E. Carrington, Jr., Real Estate Services Manager Date SR /WA Administrative Services Facilities Management 9/9/2005 2:29 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 9/9/2005 2:35 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 919/2005 2:47 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 9/912005 3:30 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/13/2005 11:42 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113/2005 3:02 PM Approved By Randy Greenwald Management/BudgetAnalyst Date County Manager's Office Office of Management & Budget 9/13/2005 4:27 PM Approved By Agenda Item No. 16C13 September 27, 2005 Page 3 of 6 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1512005 8:38 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911512005 6:36 PM Seep 02 og 04:37p Thomas n Silverman P- A. 561 775-7503 P.3 Agenda Item No. 16C13 September 27, 2005 Page 4of6 TNs Consent to Fes- ncroachment (hereinafter referred to as the "Consent ") is made this �- day of P,p'l'Gntib , 2005 by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNiNG BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors or assigns, (hereinafter referred to as "District') and PINE RIDGE ASSOCIATES, 1_7D. and PINE RIDGE ASSOCIATES 11, LTD., both Florida limited partnerships, their successors or assigns, (hereinafter jointly refern9d to as "Owner "). WITNESSETH: WHEREAS, District is the owner of certain Utility Easements recorded in Official Records Book 1715 at Page 2107 and Official Records Book 1715 at Page 2097 of the Public Records of Collier County, Florida (hereinafter Jointly referred to as "Easement ") on certain real property legally described in Official Records Book 3063 at Page 2296 and Official Records Book 3328 at Page 1907 of the Public Records of Collier County, Florida (hereinafter jointly referred to as the "Property "), WHEREAS, the Owner, or Its predecessors has placed or erected certain improvements and structures, including but not limited to trees, shrubs, sidewalks and parking areas which encroach over and upon the Easement (hereinafter referred to as the "Encroachments "); and WHEREAS, Owner is requesting the District to acknowledge and consent to the Encroachments. NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, District and Owner hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated by reference herein as though fully set forth at length. 2. District's Consent to Encroachments. District acknowledges and consents to the Encroachments within the Easement area shown on the Land Title Survey dated June 14, 2002 and prepared by Hole, Montes, a copy of which is attached hereto as Exhibit "A" and made a part hereof; provided, however, District retains the unrestricted and unobstructed right to add to, maintain, repair or replace facilities located within the Easement. 3. Owner's Duties / Res{)onsi ilities. Owner, its successors and assigns, agrees (i) not to erect or allow to be erected further Improvements and structures within the Easement that are not currently shown on attached Exhibit "A ", without the express written consent of District, (li) to hold District harmless for the removal of any improvements required to effect repairs to water utilities located within the Easement, and (iii) that in the event District adds to, maintains or repairs its facilities In the Easement, any and all costs to repair or replace the Encroachments remain with the Owner (or Owners successors or future owners or occupants of the Property). Owner further agrees, for itself and its successors or assigns, that Owner, its successors or assigns, shall release, incemnify and hold this District harmless from and against any and all obligations, claims, liabilities, expenses and /or fees (Including reasonable attorneys' fees and court costs), Including personal injury or property damage arising out of the use of the Easoment Area by Owner, its contractors, agents, employees or invitees, at any time while the Encroachments remain within the Easement Area. Sep 02 05 04:37p Thomas M Silverman P.R. 561 775 -7503 Agenda Item No. 16C13 4 September 27, 2005 Page 5 of 6 A. Miscellangous. The terms and provisions of this Consent supersede any terms and provisions to the contrary contained in the Easement. Except as expressly provided herein, the terms and provisions of the Easement shall remain In full force and effect. This Consent shall Inure to the benefit of the Owner and its successors and /or assigns. IN WITNESS WHEREOF, the undersigned has signed and sealed this Instrument on the date first above writien. ATTEST: DWIGHT E. BROCK, Clerk By: Dwight E. Brock Its: Deputy Clerk Signed, Sealed and Delivered In the presence of: 9r 110-11'it N ME _err Witness Signed, Sealed and Delivered In the presence of. 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 By: Fred W. Coyle Its: Chairman OWNER PINE RIDGE ASSOCIATES, LTD., a Florida limited partnership By: NDC REALTY INVESTMENTS, INC., a Pennsylvania corporation Its: Ma nawn ne I Partner By: ` /� h William E. Balsinger Its: President PINE RIDGE ASSOCIATES, 11, LTD., a Florida limited partnership By: NDC REALTY INVESTMENTS, INC., a Pennsylvania corporation Its; Mang General Partner By: William E. Balsinger Its: President ,� ,. ,� gin t 1ertu`fizirl±cy Coun�1 ;. rnl: i+ssistant Aiio 7 �2 Lcn:) T 000 CO to CiN 03 Z t M a. E m cD E --m VRA io CD fa U) W . a 1< M C=' 968 '21'3 > a V 0 d 3'J G 1 8 3 N I d —rq - o 'A AA, n. Ail - `I -la I' Ir II q IN- I.1 fYIY 11111 ......... .1i� � ' iati. 3 A 1 8 a 21 V_9 n a 3 co L O U Agenda Item No. 16C14 September 27, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award Contract 05 -3785 "Fixed Term Utility Engineering Services" to thirteen (13) firms. OBJECTIVE: The public purpose is to procure specialty Utility Engineering Services in an efficient and cost - effective manner to the benefit of rate payers. This contract will provide staff the accessibility to a stable and reliable source of Utility Engineering Services thus enabling greater productivity among operational staff, allowing personnel to perform their tasks more efficiently. CONSIDERATIONS: Request for Proposal (RFP) 05 -3785 was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on March 23, 2005. Notices were sent to 160 firms with 24 vendors requesting full packages. Twenty -four responses were received on the due date of April 20, 2005. A Selection Committee Meeting was held on July 18, 2005. After review, ranking and discussion, by consensus of the Selection Committee members, the following 13 firms were recommended for contract negotiations and subsequent award (in no particular order): Malcolm Pirnie MWH Americas, Inc Greeley & Hansen Boyle Engineering Ch2MHill Hole Montes HDR Engineering Hazen and Sawyer, P.C. Carollo Engineers, P.C. Camp Dresser & McKee, Inc. Hartman and Associates Ayres Associates TBE Group This contract replaces previous Contract #00 -3119 for these services, which currently has 6 fines under agreement. Based on Public Utilities experience over the past several years and projections for upcoming work, it was determined that the existing 6 firms were, in some instances, overburdened. Subsequently, it was agreed to expand the current list of 6 to a more efficient number of firms while at the same time opening opportunities for new firms. RFP 05- 3785 references that Work Orders can be issued in accordance with the County's Purchasing Policy for Major Fixed Assignments, Section VII C 3, which have a maximum initial annual contract amount limit of $3,000,000. In addition, Work Orders in excess of $90,000 will be brought before the Board for approval. Assignments will be implemented with Work Orders reviewed by the Contract Administration section of the Purchasing Department. FISCAL IMPACT: The funding for each work order that is assigned under the approved contracts will come from each user Department. It is anticipated that the Water, Wastewater, and Solid Waste Departments will be the predominant users of this contract. Individual work order agreements are to be consistent with current Budget requirements, as approved by the Board on September 23, 2004. The anticipated individual work order assignments are to be consistent with the 2003 Wastewater and Water Master Plan Updates respectively, as adopted by the Board on May 25, 2004 as Agenda Items 10C and 10D. Sources of funds are anticipated to be Water Impact Fees (411), Water User Fees (412), Sewer Impact Fees (413), Sewer User Fees (414), Solid Waste (474), and the County Water /Sewer Operating Fund (408). Award Contracts 05 -3681 Page 2 Agenda Item No. 16014 September 27, 2005 Page 2 of 3 GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long -term growth plans. RECOMMENDATION: That the Board of County Commissioners, as ex- officio the governing board of the Collier County Water -Sewer District, award professional services agreements to the thirteen firms listed and authorize the Chairman of the Board to sign the standard Professional Services Agreements with each firm subsequent to County Attorney approval. PREPARED BY: William D. Mullin, P.E., Principal Project Manager, PUED EFOR Agenda Item Nn, 16C14 September 27, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C14 Item Summary: Recommendation to award Contract 05 -3785 Fixed Term Utility Engineering Services to thirteen (13) firms. Meeting Date: 9/27/2005 9:00:00 AM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 8/29/2005 8:27 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 8/30/2005 4:57 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 8/3112005 9:02 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 8/31/2005 9:06 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/9/2005 10:25 AM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 9115/2005 8:35 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/15/2005 11:05 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9116/2005 8:40 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1612005 8:4B AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 91`1712005 1:43 PM Commissioners Agenda Item No. 161D1 September 27, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve the FY 06 Agreement with the David Lawrence Center, Inc. for $989,100 OBJECTIVE: To obtain Board of County Commissioners` approval and authorization for the Chairman to sign the FY 06 agreement with David Lawrence Mental Health Center, Inc. CONSIDERATION: As mandated by Florida Statutes, Section 394.76(9)(a) and (b), a commitment has been made to provide funding in the amount of $989,100 to the David Lawrence Health Center, Inc., a provider of behavioral health and substance abuse treatment. These funds are utilized to support behavioral health and substance abuse programs offered through the David Lawrence Center. Through a separate agreement between the Agency for Health Care Administration and the Board of County Commissioners, The County will contribute $841,800 to the Agency for Health Care Administration. This amount will be matched through the Upper Payment Limit program for the remaining $147,300. The total amount of $989,100 will be distributed to the David Lawrence Center by Naples Community Hospital. FISCAL IMPACT: Funding in the amount of $841,800 for the service contract has been appropriated in the FY 06 General Fund (001) budget. This amount will be supplemented by $147,300 in Federal funds through the Upper Payment Limit program for a total of $989,100. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this contract. RECOMMENDATION: That the Board of County Commissioners approve the FY 06 Agreement with the David Lawrence Mental Health Center, Inc. in the amount of $989,100. Prepared by Barry Williams, Human Services Director Agenda Item No. 16D1 September 27, 2005 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D1 Item Summary: Recommendation to approve the FY 06 Agreement with the David Lawrence Center, Inc. for $989,100 Meeting Date: 9/27/2005 9:00:00 AM Prepared By Barry Williams Human Services Director Date Public Services Human Services 9/12/2005 11:26:36 AM Approved By Barry Williams Human Services Director Date Public Services Human Services 9/12/2005 11:31 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 9113/2005 4:41 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2005 7:50 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9/15/2005 10:41 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 911612005 1:56 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/17/2005 1:36 PM Commissioners Agenda Item No, 161D1 September 27, 2005 Page 3 of 7 AGREEMENT THIS AGREEMENT entered into this day of , 2005, at Naples, B Collier County, Florida, by and between the oard of County Commissioners, Collier County, Florida, hereinafter referred to as the COUNTY, and the David Lawrence Mental Health Center, Inc., located at 6075 Golden Gate Parkway, Naples, FL 34116, hereinafter referred to as the CENTER. WITNESSETH WHEREAS, the COUNTY is desirous of helping financially and has deemed it to be in the public interest to do so for David Lawrence Mental Health, Inc.; and WHEREAS, the COUNTY wishes to fund mental health and alcoholism services provided by the CENTER as it is authorized to do so under its government; and WHEREAS, the CENTER has contracted with the State of Florida, Department of Children and Families to act as a provider of mental health and substance abuse services as described by the approved District 8 Mental Health and Substance Abuse Plan. of the Florida Department of Children and Families. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the COUNTY and CENTER agree as follows: I. The CENTER shall: A. Provide mental health and alcoholism services consistent with the approved Florida Department of Children and Families District 8 Mental Health and Substance Abuse Plan [ "District Plan "], incorporated herein by reference, and shall do so in compliance with all state, federal and local laws and ordinances and regulations. B. Serve as an independent contractor, not an agent or employee of Collier County, for the transportation and care of patients restrained pursuant to the Florida "Baker Act," Florida Statutes, Chapter 394.451, et seq., adhering to all regulatory and legal requirements of said act, Rule 10E- 5.040, F, of the Florida Administrative Code and all other pertinent laws, rules and regulations. C. Provide detoxification services consistent with the approved District Plan. D. Reimbursement for emergency services provided for during a declared state of emergency by the Board of County Commissioners will be paid upon submission of a Federal Emergency Management Agency claim made by the Agenda Item No. 16D1 September 27, 2005 Page 4 of 7 COUNTY. Reimbursement will be provided upon receipt of payroll records and activity data to the COUNTY Human Services Director. Upon reimbursement by the Federal Emergency Management Agency, the COUNTY will provide payment to the CENTER for these services. E. Provide these services within the boundaries of Collier County, Florida. F. Possess, maintain and keep current all necessary license(s). G. Adhere to all conditions applicable to the administration of mental health funds pursuant to Florida Statutes, Chapter 394.451, et seq., and the administrative rules attendant thereto. H. Maintain adequate financial records and reports relating to all funds paid by the COUNTY under this Agreement. I. Maintain books, records, documents and other evidence of accounting procedures and practices that fully and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement and paid for with COUNTY funds. J. Maintain adequate fiscal accounting procedures for the audit or review of any expenditures, as requested by the COUNTY from time to time. K. Allow, ,upon request the inspection, review or audit of its fiscal records by COUNTY personnel upon request by COUNTY. L. Collect fiscal and operational statistical data pertaining to the care and treatment of all patients served and funded by the COUNTY on a regular basis and deliver these written fiscal statistical reports on a quarterly basis to the COUNTY Human Services Director by the 10th day of the month immediately following the preceding quarter. M. Submit payroll records and activity data to the COUNTY Human Services Director on a quarterly basis in order that the disbursement of COUNTY funds to reimburse the CENTER for such expenditures shall be in accordance with the pre - auditing and accounting procedures on the part of the Board of County Commissioners as mandated by Sections 129.08 and 129.09, Florida Statutes. N. Retain all books, records and other documents relative to this Agreement for three (3) years after final payment. O. Acting as an independent contractor and not as an employee of the COUNTY in operating aforementioned services, the CENTER shall be 2 Agenda Item No. 161D1 September 27, 2005 Page,5 of 7 liable for, and shall indemnify, defend, and hold the COUNTY, State and Federal Government harmless from and against all claims, suits, judgments, damages, losses and attorney's fees and expenses arising from its operations and provision of the aforementioned services during the course of this agreement During the term of this agreement the CENTER shall procure and maintain liability insurance coverage. The liability insurance coverage shall be in amounts not less than $1,000,000 per person and $200,000 per incident or occurrence for personal injury, death, and property damage or any other claims for damages caused by or resulting from the activities under this Agreement. Such policies of insurance shall name the COUNTY as and additional insured. The CENTER shall submit written evidence of having procured all insurance policies required herein no later than 10 days after the effective date of this Agreement and shall submit written evidence of such insurance policies to the COUNTY Human Services Director and to the COUNTY's Risk Management office. The CENTER shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida. The CENTER shall be financially responsible for any loss due to failure to obtain adequate insurance coverage . and the failure to maintain such policies or certificate in the amounts set forth herein shall constitute a breach of this agreement. P. Submit to the COUNTY each year a copy of its annual audited financial statements. II. The COUNTY shall: A. Reimburse the CENTER quarterly, in advance, at least one - fourth (1/4) of the total allocation for "Operational Funds" approved for the CENTER by the Board of Commissioners as specified in Section III -D of this Agreement, in accordance with the approved District Plan. M. The CENTER and COUNTY mutually agree: A. The term of this agreement is from October 1, 2005 to September 30, 2006. B. This Agreement may be terminated by either party upon thirty (30) days prior notice in writing to the other party. C. This Agreement is subject to an annual item of appropriation contained in the annual County budget. D. The entire financial obligation of the COUNTY under this Agreement shall 3 Agenda Item No. 16D1 September 27, 2005 Page 6 of 7 not exceed nine hundred and eighty Nine thousand One hundred ($989,100). The $989,100 includes the funding for all Operational costs, including transportation of Baker Act participants. The matching funds shall come from local sources and shall be utilized as part of the matching requirements of Florida Statutes, Section 394.76(9)(a) and (b). E. Reimbursement for emergency services provided for during a declared state of emergency by the Board of County Commissioners will be paid upon submission of a Federal Emergency Management Agency claim made by the COUNTY. Reimbursement will be provided upon receipt of payroll records and activity data to the COUNTY Human Services Director. Upon reimbursement by the Federal Emergency Management Agency, the COUNTY will provide payment to the CENTER for these services. F. There will be no discrimination on the basis of race, color, sex, religious background or national origin in performance of this Agreement in regard to provisions of service or in regards to employment. G. No modification, amendments or alterations to the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality, and of equal dignity, herewith. H. The CENTER shall not assign the performance of services called for in the Agreement without the written consent of the COUNTY. I. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing addressed to: If to the COUNTY: Collier County Human Services Director Health and Public Services Building 3301 East Tamiami Trail Naples, FL 34112 If to the CENTER: David Lawrence Mental Health Center, Inc. 6075 Golden Gate Parkway Naples, FL 34116 or to such other address as any party. may designate by notice complying with the terms herein stated. 4 Agenda Item No. 161D1 September 27, 2005 Page 7 of 7 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day. and year first above written. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk S c g,7r D . - MFG 7eAe ' Printed/7jyped Name (2)� Si lure (Y'\ q4--n c-, Printed/Typed Name Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney W BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman DAVID LAWRENCE MENTAL HEALTH CENTER, INC. By: L signature l Printed/Typed Name Printed/Typed Title (corporate seal) EXECUTIVE SUMMARY Agenda Item No. 16D2 September 27, 2005 Page 1 of 5 Recommendation that the Board of County Commissioners sign an agreement with the Agency for Health Care Administration for participation in the Upper Payment Limit Program for services provided on behalf of the Human Services Department, County Health Department, and David Lawrence Center to generate an additional $481,100 in Federal matching funds. OBJECTIVE: That the Board of County Commissioners sign an agreement with the Agency for Health Care Administration to participate in the Upper Payment Limit program. CONSIDERATIONS: The Agency for Health Care Administration (AHCA), is the State entity that provides Medicaid services in Florida and operates the Upper Payment Limit Program. This program takes local funds and through an agreement between the local government and ACHA uses these funds to obtain Federal matching dollars. The amount of matching dollars that are obtained using these local resources is 17.5% of the amount that is provided to AHCA for this use. These dollars are returned to the community to an inpatient hospital in the form of special medicaid payments in order to provide enhanced services to low- income individuals. Currently, the hospital that has agreed to participate to receive these special Medicaid payments is Naples Community Hospital. r- Naples Community Hospital has agreed to accept these funds and in return fund programs associated with the Human Services Department, County Health Department, and David Lawrence Center at amounts that expand the programs funded by the Board of County Commissioners in FY '06 with the 17.5% in additional dollars. There is no intent to increase the burden of funding the disproportionate impact that Medicaid patients place on the NCH Healthcare System and these funds will not be used to satisfy non - Medicaid activities. Costs associated with the administration of this agreement have been negotiated and determined through another agreement approved by the Board of County Commissioners. FISCAL IMPACT: Participation in the Upper Payment Limit Program will provide an additional $481,100 for healthcare and behavioral healthcare resources to Collier County. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve and sign the agreement with the Agency for Health Care Administration. Prepared by: Terri Daniels, Grants Supervisor, Human Services Department Agenda Item No. 16D2 September 27, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D2 Item Summary: Recommendation that the Board of County Commissioners sign an agreement with the Agency for Health Care Administration for participation in the Upper Payment Limit Program for services provided on behalf of the Human Services Department, County Health Department, and David Lawrence Center to generate an additional $481,100 in federal matching funds. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Gary A. Vincent Terri A. Daniels Grants Coordinator Date Public Services Human Services 9/7/2005 8:04:52 AM Approved By County Manager's Office Office of Management & Budget 9/19/2005 8:48 AM Barry Williams Human Services Director Date Public Services Human Services 9/12/2005 2:24 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 9/13/2005 5:03 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget Date 9/15/2005 7:43 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9115/2005 12:20 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 8:48 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/20/2005 6:21 PM Commissioners Agenda Item No. 161D2 September 27, 2005 Page 3 of 5 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the day of . 2005 by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, 1. Per Senate Bill 2600, the General Appropriations Act of FY 2005 -2006, passed by the 2005 Florida Legislature, Collier County and the State of Florida, through the Agency for Health Care Administration, agree that Collier County will remit to the State an amount not to exceed a grand total of $2,748,700 for the following programs: $2,748,700 is to fund the Medicaid Inpatient Upper Payment Limit program, a) The County and State have agreed that these funds will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b) The increased provision of Medicaid funded health services will be accomplished through the following Medicaid programs: i. The disproportionate share program. ii. The removal of inpatient and outpatient reimbursement ceilings for teaching, specialty and community health education programs hospitals. iii. The removal of inpatient and outpatient reimbursement ceilings for hospitals whose charity care and Medicaid days as a percentage of total adjusted hospital days equals or exceeds 11 percent. iv. The removal of inpatient and outpatient reimbursement ceilings for hospitals whose Medicaid days, as a percentage of total hospitals days, exceed 9.6 percent, and are trauma centers. v. Increase the annual cap on outpatient services for adults from $500 to $1500. vi. Special Medicaid payments to rural hospitals, trauma centers, graduate medical education programs, primary care services and other Medicaid participating hospitals. vii. Special Medicaid payments to hospitals that provide enhanced services to low- income individuals. Agenda Item No. 161D2 September 27, 2005 Page 4 of 5 2. The County will pay the State an amount not to exceed the grand total amount of $2,748,700. The County will transfer payments to the State in the following manner: a) The first quarterly payment of $687,175 for the months of July, August, and September is due upon notification by the Agency. b) Each successive payment of $687,175 is due at the end of each quarter, December 31, 2005, March 31, 2006 and June 15, 2006. c) The State will bill Collier County each quarter payments are due. 3. Attached are the DSH and Special Medicaid Payment (SMP) schedules reflecting the anticipated annual distributions for state fiscal year 2005 -2006. 4. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement Plan reflecting 2005 -06 legislative appropriations being approved by the federal Centers for Medicare and Medicaid Services. 5. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid health services covered by this Letter of Agreement. Further the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. 6. The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. 7. The County confirms that there are no pre - arranged agreements (contractual or otherwise) between the respective counties, hospital districts, and/or the hospitals to re- direct any portion of the Medicaid supplemental payments in order to satisfy non - Medicaid activities. 8. This Letter of Agreement covers the period of July 1, 2005 through June 30, 2006. Agenda Item No. 16D2 September 27, 2005 Page 5 of 5 WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. ATTEST: DWIGHT E. BROCK, Clerk La Deputy Clerk Approved as to form and legal sufficiency COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 Fred W. Coyle, Chairman Board of County Commissioners Date: STATE OF FLORIDA: .�7 By: Assistant ty Attorney Collier County Carlton D. Snipes Assistant Deputy Secretary for Medicaid Finance Agency for Health Care Administration Date Agenda Item No. 16D3 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to accept a donation of $68,000 from the Marco Island Chapter, Friends of the Library for the construction of Rose Hall at Marco Island Branch Library, and approve budget amendments for the construction project. OBJECTIVE: To approve budget amendments recognizing a $68,000 donation by the Marco Island Chapter, Friends of the Library, to budget the $500,000 donation from the W. R. Rose Foundation and transferring $200,000 from the Library Trust Fund (612) to Library Capital Fund 307 for construction of Rose Hall at Marco Island Branch Library. CONSIDERATIONS: The construction of a multipurpose auditorium at the Marco Island Branch Library to be named Rose Hall is being built with donated funds, no General Funds or Impact Fees are being requested for this project. On July 26, 2005, item 16D11, the Board accepted $500,000 from the W.R. Rose Foundation for construction of `Rose Hall' at Marco Island Branch Library. Additional funds need to be transferred into appropriate accounts in order to start the project. Marco Island Chapter, Friends of the Library, is donating $68,000. Previous donations in the amount of $200,000 to the Library Trust Fund (612) need to be transferred to the Library Capital Fund 307 for project expenses. FISCAL IMPACT: In fiscal year 2006, a budget amendment is needed in the Library Trust fund (612) to decrease Reserves and transfer $200,000 from the trust fund to the Library Capital Fund (307). Also, in fiscal year 2006, the Library Capital Fund (307) needs a budget amendment to recognize the donation of $68,000, to recognize the transfer from the trust fund in the amount of $200,000 and to budget for the $500,000 donation from the W.R. Rose Foundation for a project budget of $768,000. The entire project is expected to cost approximately $1,000,000. Fund raising activities are still in progress to raise the additional funds. However, the above will allow the County to contract with a professional firm under fixed -term contracts for the building and site design work. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends the acceptance of the $68,000 donation from the Friends of the Library and approval of the necessary budget amendments. Prepared by Marilyn Matthes, Library Director. Agenda Item No. 16D3 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161D3 Item Summary: Recommendation to approve the attached budget amendments recognizing a $68,000 donation from the Marco Island Chapter, Friends of the Library, and transferring $200,000 from Library Trust Fund to Fund 307 for the construction of Rose Hall at Marco Island Branch Library. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Marilyn Matthes Library Assistant Director Date Public Services Library 9/8/2005 4:14:06 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 91912005 2:12 PM Approved By Marilyn Matthes Library Assistant Director Date Public Services Library 9/9/2005 2:15 PM Approved By Ron Hovell Principal Project Manager Date Administrative Services Facilities Management 9!912005 3:32 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 9/15/2005 12:01 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/16/2005 8:55 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9/1912005 8:53 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 10:11 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9!2012005 1;30 PM Commissioners EXECUTIVE SUMMARY Recommendation to adopt a Resolution amending parts of Article IV of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy Objective: To generate revenue sufficient to offset rising program and facilities costs. Considerations: The Director of the Parks and Recreation Department is recommending the following fee changes, with the following justifications: Increase the daily beach parking fee by $1.00. Increasing the daily beach parking fee is projected to increase annual revenues by $186,400. Fiscal Impact: Increased revenues are included in FY 06 Parks and Recreation budget for Beach and Water Operations (Fund 001). Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners adopts the proposed Resolution amending parts of Article IV of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and authorizes the Chairman to sign. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY 1. PURPOSE A� r ,�j1 � III • I'�Zi The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. II. LIMITATIONS The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived. No non- government entity shall charge an admission fee to any out of doors event, including aquatic facilities. The Board of County Commissioners shall set fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring all citizens equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case -by -case basis if approved by the Director of Parks and Recreation for special promotional sales and advertisements. III. CLASSIFICATIONS A. Facility License Definitions and Uses 1. Outdoor Areas: Open space or land owned or leased by the Parks and Recreation Department. Such outdoor areas shall include, but not limited to, sports fields, playgrounds, swimming pools and/or other park and recreation land areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. 2. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but are not restricted to, community center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or Designee. 1 3. Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County. Such activities include, but are not restricted to, athletic, clinics, instructional, interpretative, seminars — preschool, youth, adult, senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. 4. Vehicle Parking Fees: Parking lots at Collier County beach parks and access. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Park, Clam Pass Park, Vanderbilt Beach, Gulfshore Access, and South Marco Beach Access. 5. Boat Launch Fees: Parking lots at Collier County owned and operated boat launch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park, and Collier Boulevard Boating Park. B. User Categories — Applicable to all indoor and outdoor areas Governmental entities are not subject to fees. All other facility users shall have their fees determined by the category of the entity. Note: All parks shall remain open to the public. The two categories are: 1. Category I — Federal Income Tax Exempt Entities, Registered Charities, Not - for - Profit Groups. a. Federal Income Tax Exempt Entities Groups, which are exempt from taxation under any subsection of Section 501 ( c ) of the internal revenue code. The following Civic Associations will not be subject to fees for their one general membership meeting per month. East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association, and 2nd District Association. b. Specified Sales Tax Exempt Entities Those entities which are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes such as a home for the aged, nursing home, hospice, or as an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veteran's organization. c. Local Not - for - Profit Groups Entities, irrespective of tax exempt status, which are not - for - profit corporations, organizations or other not - for - profit entities that are of Collier County origin, have their principal location in Collier County, at least fifty per cent (50 %) of the group's 2 T+M t+[(Cbq 5rpkftfr�79 membership are residents of Collier County with a primary purpose to provide social services to others or to protect interests outside of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away from the personal interests of the group's members. d. Other Local Not - for - Profit Groups Those entities, irrespective of tax exempt status, which are not - for -profit corporations, organizations or other not - for - profit entities that are of Collier County origin, have their principal location in Collier County, at least fifty per cent (50 %) of the group's membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented teams or clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members. e. Fund Raising Activities Each Category I individual, group, organization or entity involved in any fund raising activity must pay full fees as described in IV.B. Category II — User Fees. Fund raising activities include: I. Charging in advance for an admission ticket or requiring any tangible thing of value for admission to, or to participate in, any activity at any County parks facility, or, 2. Requiring any donation of money or any other tangible thing of monetary value, or, 3. Selling or bartering any tangible thing of monetary value. Fund raising activities do not include: I. Season sign up fees for persons to join league as a team member or team participant. 2. The sale of educational materials for use as study materials for students attending class conducted at the park facility. Such sales must be at or below the seller's actual costs. 3. Category II — All Others A. Each individual, group, organization or entity that is not within Category I. 3 IV. FEE STRUCTURE — (All fees are exclusive of sales taxes) A. Category I User Fees 1. Facility Rates (excluding league play and special facilities; i.e., swimming pool, etc.) Facility T ype Rate Per Hour Indoor Room under 1,500 s ft 10.00 Indoor Room 1,501 - 3,000 sq ft 15.00 E Indoor Room 3,001 s ft & over $20.00 Gymnasium $30.00 Small Pavilion $10.00 Large Pavilion $20.00 Su den Amphitheater $30.00 Open Green Space (100 x 100) $10.00 Athletic Facilities for General Use $30.00 Athletic Facilities for Athletic Use $15.00 Lights $10.00 Sugden Regional Park for a Countywide Event $800 per day B. Category II User Fees 1. Facility Rates (excluding special facilities; i.e., swimming pool, etc.) FFacili T e oor Room under 1,500 s ft Rate Per Hour $25.00 osit oor Room 1,501 - 3,000 sq ft $45.00 oor Room 3,001 sq ft & over $60.00 Gymnasium Small Pavilion $60.00 $10.00 $100.00 Large Pavilion $20.00 Su den Amphitheater Su den Green Space $60.00 $60.00 $60.00 Open Green Space (100 x 100) $20.00 Football/Soccer /Softball/Baseball/ Little L,-ague/Sports Pavilion/Roller Hockey $40.00 Basketball/Rac uetball/Volle ball /Tennis Courts $12.00 Lights $10.00 Sugden Regional Park for a Countywide Event $1,200 per day 2. Fund raising rates are $20.00 added to hourly rate above. C. Additional Fees: Categories I and II 0 �pKmloe�r a�- Service Additional Fee Per Hour Rental during non - business hours $20.00 (hours that are not normal departmental operation) Additional non - security staff $15.00 per staff member members Additional security staff members - $20.00 per hour fee determined by department, based on cost Light fees (where not specified) $10.00 Per hour Special requests or additional Per hour fee determined by clean up required department, based on cost D. Beach Parking Facilities Fees; Boat Launch Facilities Fees 1. Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Park, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $5.00 per day. Collier County residents and real property owners may obtain a beach parking permit at no charge. Vehicles with permits will be exempt from daily parking fees. 2. Boat Launch Facilities Fees Boat launch facilities, including and not limited to, Caxambas Park, Cocohatchee River Park, Collier Boulevard Boat Park (951), and Bayview Park, shall have a launch fee, inclusive of sales tax, at a rate of $5.00. All residents and visitors may purchase boat launch permits for an annual fee of $75.00. These permits are available at all Collier County Parks and Recreation Community Centers. Commercial permits for launch facilities may be acquired at the Golden Gate Administration Office for a cost of $100.00 plus the $5.00 fee per launch or $500.00 per commercial entity with no launch fee required. All permits are good from January 1 to December 31. E. Concession Fees I. Concession Booth/Location in Conjunction with Rental A $25.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3. Organizations operating concessions for leagues will be charged $5.00 per hour of operation. F. Marketing Fees — Reserved 5 1-km�� p�Cmr�era� G. Instructional Fees (Contractual Instructors) 1. Programs Fee Assessment: per hour or per participant basis. 2. Non -Staff Instructor(s): Any costs for supplies and equipment will be subtracted from the class fee and the balance of the funds will be split between the non -staff instructor(s) and the County as follows: 65% to the non -staff instructor(s) and 35% to the County for all such instructional programs conducted on Collier County facilities. After subtraction, the pro- ration for instructional programs conducted on non - county facilities shall be 70% to the non -staff instructor(s) and 30% to the County. H. Athletics 1. Collier County Parks and Recreation Leagues Program Minimum registration fee per participant per league play Adult $30.00 Naples $15.00 Immokalee Youth $30.00 Naples $ 5.00 Immokalee Alternately, leagues may be charged a combined sponsor and players' fee as follows: Men's Softball $860.00 Women's Softball $540.00 Church Leagues $710.00 Men's 35+ $760.00 Leagues will be charged light fees for practices, but not for scheduled league games. Immokalee leagues will not be charged light fees for practices. 2. Collier County Parks and Recreation Co- sponsored Leagues Fees are applicable to Category I users only. League Type Fee per participant per league play Adult $30.00 Naples $15.00 Immokalee Youth $1.00 Naples and Immokalee (includes play -offs or per registered youth per week all -star play) of league play Leagues will be charged light fees for practices, but not for scheduled league games. G Tiny) ';V I (C)104 3. Clinics: Pro - rations: a. 65% of the fees to the group or individual(s) and 35% of the fees to the County for clinics conducted on any County facility. b. 70% of the fees to the group or individual(s) and 30% of the fees to the County for clinics conducted on any non - County facility. c. Hourly rate for facility fund raising. I. Collier County Racquet Centers (Reserved): J. Collier County Aquatic Facilities - Naples and Immokalee - Everyone pays aquatic facility rates. 1. Entrance Fees (inclusive sales tax) 2. Pass Fees (exclusive of sales tax) Under 3 rs Youth 3 -17 rs Adult Senior 60+ rs Naples Free $2.50 $3.00 $2.50 Immokalee Free $1.00 $1.50 $1.00 2. Pass Fees (exclusive of sales tax) No corporate discounts on pool passes. 3. Swimming Instructional Fees Naples Immokalee Children's %z hour classes $40.00 er artici ant $10.00 er Children's 3/4 hour classes $45.00 er artici ant $15.00 er r r Adult 3/4 hour classes $45.00 er artici ant $15.00 er Private Lessons $15.00 per % hour 4. Pool Rentals Naples & Immokalee (exclusive of sales tax) Each pool includes one staff member. One pool Each additional hour Each additional pool Additional staff $50.00 first hour $35.00 per hour $35.00 per hour per pool $15.00 per hour per lifeguard 7 Famil $100.00 $ 90.00 $225.00 $210.00 icipant TVDe Youth Adult Senior Na les 3 month $40.00 $60.00 $40.00 Immokalee 3 month $35.00 $55.00 $35.00 Na les Annual $60.00 $80.00 $60.00 Immokalee Annual $50.00 $75.00 $50.00 No corporate discounts on pool passes. 3. Swimming Instructional Fees Naples Immokalee Children's %z hour classes $40.00 er artici ant $10.00 er Children's 3/4 hour classes $45.00 er artici ant $15.00 er r r Adult 3/4 hour classes $45.00 er artici ant $15.00 er Private Lessons $15.00 per % hour 4. Pool Rentals Naples & Immokalee (exclusive of sales tax) Each pool includes one staff member. One pool Each additional hour Each additional pool Additional staff $50.00 first hour $35.00 per hour $35.00 per hour per pool $15.00 per hour per lifeguard 7 Famil $100.00 $ 90.00 $225.00 $210.00 icipant 74ern 4 Fee for non - Collier County public schools and colleges and universities during regular operating hours is $35.00 per hour. Collier County Public Schools are fee exempt; however, they are required to pay $15.00 per hour per lifeguard or instructor, if not during regular operating hours. K. Collier County Fitness Centers 1. Golden Gate and Max Hasse Fitness Center memberships include use of all County Aquatic and Fitness Centers. Daily walk -in and membership fees are subject to 6% sales tax. Daily $ 7.00 Monthly $ 33.00 3 Month $ 90.00 Annual $250.00 Spouse or additional family member $140.00 (includes college students up to 25 years of age) Student $100.00 (ages 15 -18) 2. Veterans and Immokalee Fitness Center memberships do not include use of the Max Hasse and Golden Gate Fitness Centers. Daily walk -in and membership fees are subject to 6% sales tax. Daily Monthly 3 Month $ 4.00 $ 20.00 $ 50.00 Annual $160.00 Spouse or additional family member $100.00 (includes college students up to 25 years of age) Student $ 75.00 (ages 15 -18) 3. Baby- sitting Service (Naples) $3.00 per child per use $20.00 per 10 -visit card L. Corporate Discount on Annual Passes Discount does not apply to additional family members. Discount is based on employee participation, as follows: Employees Discount -74an 4 I&bq 5 -9 10% 10-24 20% 25 and above 40% M. Collier County Summer Camps, After School Programs, and Ranger Camps 1. Summer Camp 9 -week session $549.00 1 -week session $ 75.00 10 % discount on each additional child from the same household after the first. 2. After School Camps per week $25.00 Transportation cost per week is additional and will be based on the current transportation contract. 3. Holiday Camps 1 -day camp $15.00 Easter Camp (5 days) $75.00 Christmas Camp (4 days) $60.00 4. Ranger Camps 2 -week session $175.00 1 -week session $ 90.00 N. Memorial Bench and Tree Donations 1. $2,000 Bench 2. $ 500 Tree O. Golden Gate Community Center 1. Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Boulevard to Logan Boulevard to First Avenue SW East Boundary: canal 1 mile east of County Road 951 North Boundary: First Avenue SW over 951 Boulevard and White Boulevard to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara Boulevard Organizations in Classes I, II, III, or IV declaring themselves as District must show proof of at least 50% membership within the taxing district. 2. User Categories 9 74eyn -J71 �mbera}�f Class I: Charitable, Not - for -Profit organizations Class II: Not - for - Profit organizations Class III: Civic organizations Class IV: Commercial or For - Profit organizations and any other group or individual 3. Deposit Fees Auditorium $200.00 All Other Rooms $ 50.00 4. Rental Fees A. Rooms A, B, C, D Category Class I Class II Class III Class IV ( <1,500 sq ft) (1,501- 3,000) (3,001 +) B. Auditorium Category Class I & III Class II Class IV within District No charge No charge No charge $10.00/hour $15.001 hour $20.00/ hour within District No charge approved by Board $20.00/hr < 10 pm $40.00/hr 10 pm + outside District No charge approved by Board No charge $25.00/ hour $45.00/ hour $60.00/ hour outside District No charge approved by Board $60.00 /hr < 10 pm $80.00/hr 10 pm + C. Wheels Amphitheater and Open Area Fees charged in accordance with the Sugden Regional Park Fee Policy for Use for Countywide Events. D. Gymnasium Category General Fee Class I $30.00 per hour any size Fund Raising $20.00 added to rate above Class II $60.00 per hour any size Fund Raising $20.00 added to rate above Classes III, IV will be required to pay sales tax. 10 a4cm -A 1(402b 6rp4!-k1Wa) z 5. Service and Sale of Alcoholic Beverages A. Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. 1. User categories Class I and Class II, as previously defined in O (2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than Five Hundred Thousand Dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure Five Hundred Thousand Dollars ($500,000) liability coverage shall be required. In the event of unusual or high exposure One Million Dollar ($1,000,000) liability shall be required. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. C. Rules and Regulations for Users Serving Alcoholic Beverages 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to comply with Chapter 562, Florida Statues. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8. The user must pay the cost of security provided by the Collier County Sheriff's Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. 11 YpWhhrr RESOLUTION No. 2005- A RESOLUTION OF COLLIER COUNTY, FLORIDA, AMENDING PARTS OF ARTICLE IV OF THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY WHEREAS, the Director of Parks and Recreation has recommended to the Board of County Commissioners that the following changes be made to the County's Parks and Recreation License and Fee Policy, which was last amended by Resolution No. 2004 -346 on November 16, 2004; the Director recommends: (a) increase the daily parking fee at Collier County beaches by $1.00. WHEREAS, the Board of County Commissioners hereby accepts the recommendations of the Director of Parks and Recreation; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: 1. Article IV, of the Collier County Parks and Recreation License and Fee Policy, as amended, is hereby further amended only as follows: a. Article IV, Section D, entitled "Beach Parking Facilities Fees; Boat Launch facilities Fees," shall read: 1. Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Park, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $5.00 per day. Collier County residents and real property owners may obtain a beach parking permit at no charge. Vehicles with permits will be exempt from daily parking fees. 2. A copy of the fee rules, as hereby amended and adopted, is attached. 3. This Resolution repeals Collier County Resolution 2004 -346. 4. This revised policy shall be effective October 1, 2005. This Resolution adopted this day of and majority vote in favor of passage. ATTEST DWIGHT E. BROCK, CLERK 2005 after motion, second BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk I Fred W. Coyle, Chairman Agenda Item No. 161D5 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment recognizing revenue in the amount of $38,706 from an insurance payment covering damage to the shade structure at Sugden Regional Park Amphitheatre. Objective: To keep facilities in good repair and utilize the benefit of insurance coverage. Considerations: The shade structure at Sugden Regional Park Amphitheatre was damaged during a storm. Staff submitted an insurance claim through the Risk Management Department. The insurance moneys were received and placed in a revenue account. A budget amendment is necessary to place the funds in a project so that they can be expended to repair the shade structure. Fiscal Impact: Staff has prepared a budget amendment recognizing $38,706 in revenue from the insurance payment and appropriating it to the Sugden Park Repair Shade Structure project (80007) within the Parks Improvement CIP Fund (306) to fund the repair. Growth Management Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners approves the budget amendment recognizing revenue in the amount of $38,706 from an insurance payment covering damage to the shade structure at Sugden Regional Park Amphitheatre and appropriating it to a project to fund the repair. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 16D5 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D5 Item Summary: Recommendation to approve a budget amendment recognizing revenue in the amount of $38,706 from an insurance payment covering damage to the shade structure at Sugden Regional Park ski area. Meeting Date: 9/2712005 9:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 9115/2005 11:57 AM Approved By Wayne Boyer Director Date Public Services Parks and Recreation 9/15/2005 12:27 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 9115/2005 4:22 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/16/2005 9:08 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1612005 12:10 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9!1712005 2:29 PM Commissioners r- Agenda Item No. 16E1 September 27, 2005 Page 1 of 25 EXECUTIVE SUMMARY Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan, using the existing "Archer" point - factor job evaluation system, for positions below the level of Director, subject to quarterly ratification by the Board of County Commissioners. OBJECTIVE: For the Board of County Commissioners to adopt a Resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new job titles, modification of job responsibilities and adjustment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan, using the existing "Archer" point- factor job evaluation system, for positions below the level of director, subject to quarterly ratification by the Board. CONSIDERATION: Attached to the proposed Resolution as Exhibit 1 is the County's 2006 Fiscal Year Pay and Classification Plan. Attached as Exhibit 2 to the proposed Resolution is a more detailed description of the FY 2006 salary adjustments to be effected by the proposed Resolution. The proposed Resolution shall apply to all employees under the administration of the County Manager except those employees under the administration of the County Manager who are also subject to a collective bargaining agreement. Such employees shall continue to be paid and receive increases in accordance with the governing collective bargaining agreement. Collier County has been recognized as one of the fastest growing metropolitan areas in the country. Growth of this magnitude impacts all areas of the County, including its ability to attract and retain high quality employees. To attain this strategic objective, it is essential that base salaries and ranges remain competitive, which was achieved through the Pay and Classification Study conducted in 2001. Through analysis of local market data and the data of other Florida governmental agencies, as well as our ability to attract the best candidates nationally, it has been determined that it is necessary at this time to adjust the marketpoints of pay ranges 17 through 36 as reflected on Exhibits 1 and 2 to the proposed Resolution. In addition the proposed Resolution seeks continued authorization from the Board to create new classifications, modify and/or delete classifications and assign pay ranges, using the existing "Archer" point- factor job evaluation system, for positions below the level of director from the pay ranges set forth in the proposed Fiscal Year 2006 Pay and Classification Plan, subject to quarterly ratification by the Board. The County must also consider the issue of longevity and recognize that from time to time it is necessary to pay "above the maximum" of the range associated with a given classification in order to G: \10 -05 Pay Increases\Executive Summary for FY 06 Pay Plan.doc Agenda Item No. 16E1 September 27, 2005 Page 2 of 25 retain an individual who possesses skills and knowledge that are essential to the operation of the County. This will be achieved by paying employees partially or fully in the form of a lump sum merit increase on or before November 03, 2005. In addition, merit increases will be paid fully in a lump sum to all Directors and equivalent positions and to all Division Administrators and will be paid partially or fully to any other employee whose base pay equals or exceeds 110% of the marketpoint. The percentage of the lump sum merit increase will be based upon prior performance; however, the increase will be compensation for work to be performed in Fiscal Year 2006. Employees below 110% of the marketpoint will also be eligible to receive merit increases, which may be partially paid as a lump sum depending upon the position of their salary within the salary range. The proposed Resolution also provides for a general wage adjustment of 3.9 %. The details of the general wage adjustment and merit increase are set forth in Exhibit 2 to the proposed Resolution. FISCAL IMPACT: The results of these actions will have a fiscal impact to the County for minimum salary adjustments and will allow for movement within the range consistent with CMA Instruction 5341, Compensation Administration. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of Commissioners adopt the proposed .- Resolution approving the 2006 Fiscal Year Pay and Classification Plan, the general wage adjustment and merit increase described in Exhibit 2 to the proposed Resolution and continue authorizing the creation of new classifications, modification and /or deletion of classifications and assignment of pay ranges, using the existing "Archer" point- factor job evaluation system, for positions below the level of director from the proposed 2006 Pay and Classification Plan, subject to quarterly ratification by the Board. Prepared by: Donald B. Albonesi, Manager — Compensation, Human Resources Department Scott Teach, Manager — Employee /Labor Relations, Human Resources Department G:\10 -05 Pay Increases\Executive Summary for FY 06 Pay Plan.doc Agenda Item No. 16E1 September 27, 2005 Page 3 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E1 Item Summary: Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. Meeting Date: 912712005 9:00:00 AM Prepared By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 8/29/2005 3:27:50 PM Approved By Administrative Assistant Office of Management & Budget Date 917/2005 2:32 PM Jean Merritt Human Resources Director Date Administrative Services Human Resources 8/30/2005 1:46 PM County Manager's Office Office of Management & Budget 911 212005 12:52 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 8/31/2005 8:05 AM Commissioners Approved By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 91212005 10:51 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget Date 917/2005 2:32 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911 212005 12:52 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911412005 8:05 PM Commissioners Agenda Item No. 16E1 September 27, 2005 Page 4 of 25 RESOLUTION NO. 2005- A RESOLUTION APPROVING THE 2006 FISCAL YEAR PAY AND CLASSIFICATION PLAN, PROVIDING FOR A GENERAL WAGE ADJUSTMENT AND MERIT INCREASE AND ALSO CONTINUING THE AUTHORIZATION OF THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND /OR DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES FROM THE 2006 FISCAL YEAR PAY AND CLASSIFICATION PLAN, USING THE EXISTING "ARCHER" POINT- FACTOR JOB EVALUATION SYSTEM, FOR POSITIONS BELOW THE LEVEL OF DIRECTOR, SUBJECT TO QUARTERLY RATIFICATION BY THE BOARD OF COUNTY COMMISSIONERS. WHEREAS, it has been the policy of Collier County to establish and administer a system of compensation based on principles of public accountability, external competitiveness, internal equity, relative complexity and responsibility between classifications, market economic conditions, County financial policies and appropriate federal, state and local laws pertaining to compensation so as to contribute to an environment conducive to employee motivation and productivity as is more fully set forth in Ordinance No. 96 -40, as amended by Ordinance No. 2001 -50; and WHEREAS, the Board of County Commissioners believes this policy may be achieved through a combination of an annual pay and classification plan for employees under the administration of the County Manager and the approval from time to time, and as appropriate, of general wage adjustments and merit increase; and WHEREAS, recent history indicates that the creation of new classifications, adjustment of salary ranges, modification of job responsibilities and other changes to prior Annual Pay and Classification Plans, resulting from organizational realignment or other similar measures, are occurring annually in greater instances, there is a need to promptly approve such modifications to the pay plan, using the existing "Archer' point - factor job evaluation system, involving positions lower than the Director level, subject to subsequent quarterly ratification by the Board of County Commissioners. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The 2006 Fiscal Year Pay and Classification Plan for employees under the administration of the County Manager, a copy of which is attached hereto as Exhibit 1, is hereby approved and adopted. 2. A general wage adjustment (i.e., cost of living adjustment) of 3.9% for employees under the administration of the County Manager, as is more particularly described in Exhibit 2 hereto, is hereby approved and adopted. 3. A merit increase for employees under the administration of the County Manager, as is more particularly described in Exhibit 2 hereto, is hereby approved and G: \10 -05 Pay Increases\Pay Plan Resolution for fy 2006 pay plan.doc Agenda Item No. 16111 September 27, 2005 Page 5 of 25 adopted. This merit increase, whether paid as a lump sum or otherwise, depending upon the status of the employee, is compensation for work to be performed in fiscal year 2006 although the percentage of increase shall be governed by each employee's most recent performance evaluation prior to October 1, 2005. 4. Employees under the administration of the County Manager who are also subject to a collective bargaining agreement shall, however, continue to be paid and receive increases in accordance with the terms of the governing collective bargaining agreement. 5. In order to avoid future delay in creating new and/or modified classifications, assigning salary ranges and to promote more efficient hiring practices and aid in promptly paying County employees whose employment responsibilities have been adjusted or modified, it is necessary to continue the policy that promotes swift amendments to the Annual Pay and Classification Plan; and 6. The Board of County Commissioners believes this policy is best achieved, with respect to positions below the level of Director, by allowing the creation, adjustment or modification of such job classifications effective immediately, using the existing "Archer" point- factor job evaluation system and without prior approval from the Board of County Commissioners, but subject to quarterly ratification by the Board during regularly scheduled meetings each fiscal year. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 27th day of September, 2005. ATTEST DWIGHT E. BROCK, Clerk WA DEPUTY CLERK Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Michael Pettit, Chief Assistant County Attorney FRED W. COYLE, Chairman G: \10 -05 Pay Increases\Pay Plan Resolution for fy 2006 pay plan.doc Agenda Item No. 16E1 September 27, 2005 Page 6 of 25 FY 2006 COMPENSATION ADMINISTRATION PLAN Exhibit 2 1. PHILOSOPHY The philosophy of Collier County Government is to provide a market -based compensation program that meets the following goals: - Facilitates the hiring and retention of the most knowledgeable, skilled and experienced employees available. - Supports continuous training, professional development and enhanced career mobility. - Recognizes and rewards individual and team achievement. 2. OBJECTIVES In support of this compensation philosophy, the following objectives have been established for FY 2006: - Maintain three distinct pay plans that target appropriate reward mechanisms for management, professional /technical and hourly employees. - Adjust salary ranges as needed to more closely match the appropriate market for each plan. - Slow the growth of senior management level base salaries by continuing to pay performance awards as one -time, lump -sum merit increases rather than incremental increases to base pay. - Maintain a market -driven hard salary cap for each position. 3. GENERAL WAGE ADJUSTMENT Provide a 3.9% cost of living adjustment (COLA) to base salaries of eligible employees. COLA increases will be partially or fully granted in fiscal year 2006 depending upon the position of an employee's salary within the pay ranges. Employees at the top of the pay range for their position will not receive COLA. 4. PAY PLAN MAINTENANCE The marketpoints of the salary ranges for Collier County will be increased by 2.5% for pay grades 17 through 28 (the White Plan) and by I% for pay grades 29 through 36 (the Red Plan). The corresponding range minimums and maximums will also be adjusted to continue to make progress towards the goals outlined in the 2004 Compensation Study. These adjustments will ensure that these ranges will remain competitive with those in the external marketplace. 5. MERIT Merit pay increases based upon individual employee performance evaluation scores will be awarded in October to eligible employees. Merit pay will be calculated as a percentage of the market point of the salary range for the individual positions and will be added to base pay for those eligible employees whose salary is less than 110% of the marketpoint of their respective pay range (the lump sum merit point). The percentage of the merit increase will be based upon prior performance; however, the increase will be compensation for work to be performed in Fiscal Year 2006. Merit increases will be paid to all Directors and equivalent positions and to all Division Administrators in the form of a lump sum merit increase. Furthermore, merit increases will be paid partially or fully in a lump sum to any other employee whose base salary equals or exceeds 110% of the marketpoint of the range (the lump sum merit point). FISCAL YEAR 2006 BOARD OF COLLIER COUNTY COMMISSIONERS PAY AND CLASSIFICATION PLAN GRADE TITLE Blue Plan 4 Non Exempt - Hourly COURIER CUSTODIAN LIBRARY PAGE Exempt - Annual None 5 Non Exempt - Hourly CHILDCARE WORKER INVENTORY CLERK MAIL CLERK PARKS & RECREATION ATTENDANT RECREATION WORKER (SUMMER PROGRAMS) Exempt - Annual None 6 Non Exempt - Hourly None Exempt - Annual None MIN MKTPT MAX Agenda Item No. 16E1 September 27, 2005 Page 7 of 25 Exhibit 1 LUMP SUM MERIT POINT $8.7450 $10.9313 $13.7649 $12.0244 $8.7450 $10.9313 $13.7649 $12.0244 $8.7450 $10.9313 $13.7649 $12.0244 $9.1731 $11.4663 $14.4389 $12.6130 $9.1731 $11.4663 $14.4389 $12.6130 $9.1731 $11.4663 $14.4389 $12.6130 $9.1731 $11.4663 $14.4389 $12.6130 $9.1731 $11.4663 $14.4389 $12.6130 Page 1 of 19 GRADE TITLE 7 Non Exempt - Hourly LIFEGUARD PARKS & RECREATION ASSISTANT Exempt - Annual None 8 Non Exempt - Hourly CUSTOMER SERVICE REPRESENTATIVE LIBRARY ASSISTANT MAINTENANCE WORKER Exempt - Annual None 9 Non Exempt - Hourly AUTOMATED METER READING TECHNICIAN FISCAL REPRESENTATIVE SECURITY OFFICER SHELTER TECHNICIAN Exempt - Annual None 10 Non Exempt - Hourly None Exempt - Annual None MIN MKTPT MAX Agenda Item No. 16E1 September 27, 2005 Page 8 of 25 LUMP SUM MERIT POINT $10.1142 $12.6428 $15.9207 $13.9071 $10.1142 $12.6428 $15.9207 $13.9071 $10.6200 $13.2750 $16.7163 $14.6025 $10.6200 $13.2750 $16.7163 $14.6025 $10.6200 $13.2750 $16.7163 $14.6025 $11.1508 $13.9385 $17.5519 $15.3323 $11.1508 $13.9385 $17.5519 $15.3323 $11.1508 $13.9385 $17.5519 $15.3323 $11.1508 $13.9385 $17.5519 $15.3323 Page 2 of 19 Agenda Item No. 16E1 September 27, 2005 Page 9 of 25 LUMP GRADE TITLE MIN MKTPT MAX SUM MERIT POINT 11 Non Exempt - Hourly EQUIPMENT OPERATOR $12.2935 $15.3668 $19.3505 $16.9035 LABORATORY TECHNICIAN ASSISTANT $12.2935 $15.3668 $19.3505 $16.9035 PARTS CLERK $12.2935 $15.3668 $19.3505 $16.9035 PLANT OPERATOR, TRAINEE $12.2935 $15.3668 $19.3505 $16.9035 SERVICE WRITER $12.2935 $15.3668 $19.3505 $16.9035 TRAFFIC SIGN TECHNICIAN $12.2935 $15.3668 $19.3505 $16.9035 TRANSPORTATION COORDINATOR $12.2935 $15.3668 $19.3505 $16.9035 VETERINARIAN TECHNICIAN $12.2935 $15.3668 $19.3505 $16.9035 Exempt - Annual None 12 Non Exempt - Hourly AUTOMATED METER READING & REPAIR TECH BUILDING AUTOMATION TECHNICIAN CASE MANAGER ASSISTANT CUSTOMER SERVICE SPECIALIST FLEET SERVICES TECHNICIAN LIBRARY ASSOCIATE MUSEUM ASSISTANT PARKS & RECREATION PROGRAM LEADER SECURITY SERGEANT SOLID WASTE SPECIALIST UTILITY TECHNICIAN Exempt - Annual 4 -H OUTREACH COORDINATOR 13 Non Exempt - Hourly $13.0385 $16.2981 $20.5236 $17.9279 $13.0385 $16.2981 $20.5236 $17.9279 $13.0385 $16.2981 $20.5236 $17.9279 $13.0385 $16.2981 $20.5236 $17.9279 $13.0385 $16.2981 $20.5236 $17.9279 $13.0385 $16.2981 $20.5236 $17.9279 $13.0385 $16.2981 $20.5236 $17.9279 $13.0385 $16.2981 $20.5236 $17.9279 $13.0385 $16.2981 $20.5236 $17.9279 $13.0385 $16.2981 $20.5236 $17.9279 $13.0385 $16.2981 $20.5236 $17.9279 $27,120 $33,900 $42,689 $37,290 ADMINISTRATIVE SECRETARY $13.6904 $17.1135 $21.5495 $18.8248 EQUIPMENT OPERATOR, SENIOR $13.6904 $17.1135 $21.5495 $18.8248 FISCAL TECHNICIAN $13.6904 $17.1135 $21.5495 $18.8248 GRAPHICS TECHNICIAN $13.6904 $17.1135 $21.5495 $18.8248 LIBRARY TECHNOLOGY SPECIALIST $13.6904 $17.1135 $21.5495 $18.8248 Page 3 of 19 GRADE TITLE 13 Non Exempt - Hourly (con't) MIN MKTPT MAX Agenda Item No. 16E1 September 27, 2005 Page 10 of 25 LUMP SUM MERIT POINT MAINTENANCE SPECIALIST $13.6904 $17.1135 $21.5495 $18.8248 PARK RANGER $13.6904 $17.1135 $21.5495 $18.8248 PERMITTING TECHNICIAN $13.6904 $17.1135 $21.5495 $18.8248 PLANT OPERATOR $13.6904 $17.1135 $21.5495 $18.8248 TRADESWORKER, APPRENTICE $13.6904 $17.1135 $21.5495 $18.8248 VOLUNTEER COORDINATOR $13.6904 $17.1135 $21.5495 $18.8248 Exempt - Annual None 14 Non Exempt - Hourly ANIMAL CONTROL OFFICER $14.3754 $17.9692 $22.6274 $19.7662 CODE ENFORCEMENT INVESTIGATOR $14.3754 $17.9692 $22.6274 $19.7662 CONTRACTS TECHNICIAN $14.3754 $17.9692 $22.6274 $19.7662 CREW LEADER $14.3754 $17.9692 $22.6274 $19.7662 GRAPHICS TECHNICIAN, SENIOR $14.3754 $17.9692 $22.6274 $19.7662 HUMAN RESOURCES TECHNICIAN $14.3754 $17.9692 $22.6274 $19.7662 IMPACT FEE SPECIALIST $14.3754 $17.9692 $22.6274 $19.7662 PURCHASING TECHNICIAN $14.3754 $17.9692 $22.6274 $19.7662 SUPERVISOR - ROAD MAINT. WAREHOUSE $14.3754 $17.9692 $22.6274 $19.7662 TRAFFIC SIGNAL TECHNICIAN $14.3754 $17.9692 $22.6274 $19.7662 Exempt - Annual R S V P COORDINATOR 15 Non Exempt - Hourly ADMINISTRATIVE ASSISTANT ASSISTANT RECYCLING COORDINATOR CITIZEN LIAISON CREW LEADER, SENIOR EMERGENCY MANAGEMENT TECHNICIAN $29,901 $37,376 $47,065 $41,114 $15.0942 $18.8678 $23.7596 $20.7546 $15.0942 $18.8678 $23.7596 $20.7546 $15.0942 $18.8678 $23.7596 $20.7546 $15.0942 $18.8678 $23.7596 $20.7546 $15.0942 $18.8678 $23.7596 $20.7546 Page 4 of 19 GRADE 15 Agenda Item No. 16E1 September 27, 2005 Page 11 of 25 16 Non Exempt - Hourly ACCOUNTING TECHNICIAN $15.8488 $19.8111 $24.9471 LUMP TITLE MIN MKTPT MAX SUM ADMINISTRATIVE ASSISTANT, SENIOR $15.8488 $19.8111 $24.9471 MERIT CODE ENFORCEMENT INVESTIGATOR, SENIOR $15.8488 $19.8111 $24.9471 POINT Non Exempt - Hourly (con't1 $15.8488 $19.8111 $24.9471 $21.7922 EMS SUPPLY CENTER SPECIALIST $15.0942 $18.8678 $23.7596 $20.7546 FEMA COORDINATOR $15.0942 $18.8678 $23.7596 $20.7546 GRANTS SUPPORT SPECIALIST $15.0942 $18.8678 $23.7596 $20.7546 HEAVY EQUIPMENT OPERATOR $15.0942 $18.8678 $23.7596 $20.7546 HUD GRANT ANALYST $15.0942 $18.8678 $23.7596 $20.7546 LABORATORY TECHNICIAN $15.0942 $18.8678 $23.7596 $20.7546 LICENSING COMPLIANCE OFFICER $15.0942 $18.8678 $23.7596 $20.7546 MANAGER - PARTS $15.0942 $18.8678 $23.7596 $20.7546 NETWORK SPECIALIST $15.0942 $18.8678 $23.7596 $20.7546 PARKS & RECREATION PROGRAM LDR, SENIOR $15.0942 $18.8678 $23.7596 $20.7546 PLANNING TECHNICIAN $15.0942 $18.8678 $23.7596 $20.7546 PRETREATMENT INSPECTOR $15.0942 $18.8678 $23.7596 $20.7546 RISK TECHNICIAN $15.0942 $18.8678 $23.7596 $20.7546 SCADA OPERATOR $15.0942 $18.8678 $23.7596 $20.7546 SHIP LOAN PROCESSOR $15.0942 $18.8678 $23.7596 $20.7546 TELECOMMUNICATIONS ANALYST $15.0942 $18.8678 $23.7596 $20.7546 TOURISM ADMINISTRATIVE ASSISTANT $15.0942 $18.8678 $23.7596 $20.7546 TRADESWORKER, JOURNEYMAN $15.0942 $18.8678 $23.7596 $20.7546 Exempt - Annual ADMINISTRATIVE SUPERVISOR $31,396 $39,245 $49,420 $43,170 ASSISTANT REUSE COORDINATOR $31,396 $39,245 $49,420 $43,170 16 Non Exempt - Hourly ACCOUNTING TECHNICIAN $15.8488 $19.8111 $24.9471 $21.7922 ADMINISTRATIVE AIDE TO THE BCC $15.8488 $19.8111 $24.9471 $21.7922 ADMINISTRATIVE ASSISTANT, SENIOR $15.8488 $19.8111 $24.9471 $21.7922 CODE ENFORCEMENT INVESTIGATOR, SENIOR $15.8488 $19.8111 $24.9471 $21.7922 ENGINEERING TECHNICIAN $15.8488 $19.8111 $24.9471 $21.7922 EXECUTIVE SECRETARY $15.8488 $19.8111 $24.9471 $21.7922 FACILITIES COMPLIANCE OFFICER $15.8488 $19.8111 $24.9471 $21.7922 GIS TECHNICIAN $15.8488 $19.8111 $24.9471 $21.7922 HUMAN RESOURCES TECHNICIAN, SENIOR $15.8488 $19.8111 $24.9471 $21.7922 INSTRUMENTATION /ELECTRICAL TECHNICIAN $15.8488 $19.8111 $24.9471 $21.7922 LIBRARY OUTREACH SPECIALIST $15.8488 $19.8111 $24.9471 $21.7922 ODOR CONTROL SPECIALIST $15.8488 $19.8111 $24.9471 $21.7922 OPERATIONS COORDINATOR $15.8488 $19.8111 $24.9471 $21.7922 PLANT MECHANIC $15.8488 $19.8111 $24.9471 $21.7922 Page 5 of 19 GRADE TITLE 16 Non Exempt - Hourly (con't) PLANT OPERATOR, SENIOR PROPERTY ACQUISITION SPECIALIST PUBLIC INFORMATION SPECIALIST WELL DRILLING INSPECTOR Exempt - Annual LIBRARY OPERATIONS COORDINATOR SPECIAL EVENTS COORDINATOR MIN MKTPT MAX Agenda Item No. 16E1 September 27, 2005 Page 12 of 25 LUMP SUM MERIT POINT $15.8488 $19.8111 $24.9471 $21.7922 $15.8488 $19.8111 $24.9471 $21.7922 $15.8488 $19.8111 $24.9471 $21.7922 $15.8488 $19.8111 $24.9471 $21.7922 $32,966 $41,207 $32,966 $41,207 Page 6 of 19 $51,890 $45,328 $51,890 $45,328 GRADE White Plan 17 Non Exempt - Hourly TITLE BENEFITS ANALYST HOUSING OUTREACH COORDINATOR HRIS COORDINATOR PROPERTY MAINTENANCE SPECIALIST TRADESWORKER, MASTER Exempt - Annual MIN MKTPT MAX $18.1433 $21.3452 $26.6817 $18.1433 $21.3452 $26.6817 $18.1433 $21.3452 $26.6817 $18.1433 $21.3452 $26.6817 $18.1433 $21.3452 $26.6817 Agenda Item No. 16E1 September 27, 2005 Page 13 of 25 LUMP SUM MERIT POINT $23.4798 $23.4798 $23.4798 $23.4798 $23.4798 FIELD SUPERVISOR $37,738 $44,398 $55,498 $48,838 LIBRARIAN $37,738 $44,398 $55,498 $48,838 MUSEUM CURATOR - COLLECTIONS $37,738 $44,398 $55,498 $48,838 MUSEUM CURATOR - EDUCATION $37,738 $44,398 $55,498 $48,838 PARK RANGER, SENIOR $37,738 $44,398 $55,498 $48,838 PARKS SPECIAL POPULATIONS COORDINATOR $37,738 $44,398 $55,498 $48,838 RECYCLING SPECIALIST $37,738 $44,398 $55,498 $48,838 SUPERVISOR - LICENSING COMPLIANCE $37,738 $44,398 $55,498 $48,838 SUPERVISOR - PARKS PROGRAMS $37,738 $44,398 $55,498 $48,838 18 Non Exempt - Hourly AUTOMOTIVE TECH, PRINCIPAL $19.0510 $22.4130 $28.0163 $24.6543 BUILDING INSPECTOR $19.0510 $22.4130 $28.0163 $24.6543 ENGINEERING INSPECTOR $19.0510 $22.4130 $28.0163 $24.6543 EXECUTIVE AIDE TO THE BCC $19.0510 $22.4130 $28.0163 $24.6543 EXECUTIVE ASSISTANT $19.0510 $22.4130 $28.0163 $24.6543 EXECUTIVE SECRETARY TO THE COUNTY MGR $19.0510 $22.4130 $28.0163 $24.6543 HOME REHABILITATION SPECIALIST $19.0510 $22.4130 $28.0163 $24.6543 INSTRUMENTATION /ELECTRICAL TECH, SENIOR $19.0510 $22.4130 $28.0163 $24.6543 PLANS REVIEWER - SIGNS $19.0510 $22.4130 $28.0163 $24.6543 Exempt - Annual ASSISTANT MANAGER - MUSEUM $39,626 $46,619 $58,274 $51,281 CABLE FRANCHISE COORDINATOR $39,626 $46,619 $58,274 $51,281 Page 7 of 19 Agenda Item No. 16E1 September 27, 2005 Page 14 of 25 LUMP GRADE TITLE MIN MKTPT MAX SUM MERIT POINT 18 Exempt - Annual (con't) CASE MANAGER $39,626 $46,619 $58,274 $51,281 CHEMIST $39,626 $46,619 $58,274 $51,281 EDITOR/VIDEOGRAPHER $39,626 $46,619 $58,274 $51,281 EMS COMPLIANCE SPECIALIST $39,626 $46,619 $58,274 $51,281 ENVIRONMENTAL SPECIALIST $39,626 $46,619 $58,274 $51,281 FIELD SUPERVISOR, SENIOR $39,626 $46,619 $58,274 $51,281 FILM AND ENTERTAINMENT INDUSTRY LIAISON $39,626 $46,619 $58,274 $51,281 LIBRARIAN, SENIOR $39,626 $46,619 $58,274 $51,281 PLANNER $39,626 $46,619 $58,274 $51,281 PROPERTY ACQUISITION SPECIALIST, SENIOR $39,626 $46,619 $58,274 $51,281 PROPERTY MANAGEMENT SPECIALIST $39,626 $46,619 $58,274 $51,281 PUBLIC INFORMATION COORDINATOR $39,626 $46,619 $58,274 $51,281 PURCHASING AGENT $39,626 $46,619 $58,274 $51,281 SECURITY-LIEUTENANT $39,626 $46,619 $58,274 $51,281 SUPERVISOR - OPERATIONS $39,626 $46,619 $58,274 $51,281 VETERAN SERVICES OFFICER $39,626 $46,619 $58,274 $51,281 19 Non Exempt - Hourly PLANS REVIEWER $20.2245 $23.7933 $29.7418 $26.1726 SUPERVISOR - ANIMAL CONTROL $20.2245 $23.7933 $29.7418 $26.1726 SUPERVISOR - LANDFILL OPERATIONS $20.2245 $23.7933 $29.7418 $26.1726 TECHNICAL SUPPORT PROFESSIONAL $20.2245 $23.7933 $29.7418 $26.1726 Exempt - Annual ACCOUNTANT $42,067 $49,490 $61,863 $54,439 CAD TECHNICIAN $42,067 $49,490 $61,863 $54,439 COMPENSATION ANALYST $42,067 $49,490 $61,863 $54,439 ENVIRONMENTAL SPECIALIST, SENIOR $42,067 $49,490 $61,863 $54,439 EXTENSION AGENT $42,067 $49,490 $61,863 $54,439 HUMAN RESOURCES GENERALIST $42,067 $49,490 $61,863 $54,439 IMPACT FEE ANALYST $42,067 $49,490 $61,863 $54,439 LABORATORY QUALITY ASSURANCE SPECIALIST $42,067 $49,490 $61,863 $54,439 MANAGEMENT /BUDGET ANALYST $42,067 $49,490 $61,863 $54,439 OPERATIONS ANALYST $42,067 $49,490 $61,863 $54,439 REVIEW APPRAISER $42,067 $49,490 $61,863 $54,439 RIGHT OF WAY COORDINATOR $42,067 $49,490 $61,863 $54,439 RISK ANALYST $42,067 $49,490 $61,863 $54,439 SAFETY COORDINATOR $42,067 $49,490 $61,863 $54,439 SHIP PROGRAM COORDINATOR $42,067 $49,490 $61,863 $54,439 Page 8 of 19 Agenda Item No. 16E1 September 27, 2005 Page 15 of 25 20 Non Exempt - Hourly None Exempt - Annual ACCOUNTANT, SENIOR $44,125 $51,912 $64,890 LUMP GRADE TITLE MIN MKTPT MAX SUM HUD GRANT COORDINATOR $44,125 $51,912 $64,890 MERIT IMPACT FEE COORDINATOR $44,125 $51,912 $64,890 POINT 19 Exempt - Annual (con't) $44,125 $51,912 $64,890 $57,103 SUPERVISOR - ATHLETICS $42,067 $49,490 $61,863 $54,439 SUPERVISOR - AUTOMATED METER OPS $42,067 $49,490 $61,863 $54,439 SUPERVISOR - CODE ENFORCEMENT $42,067 $49,490 $61,863 $54,439 SUPERVISOR - COMMUNITY CENTERS $42,067 $49,490 $61,863 $54,439 SUPERVISOR - EMS SUPPLY CENTER $42,067 $49,490 $61,863 $54,439 SUPERVISOR - PERMITTING $42,067 $49,490 $61,863 $54,439 SUPERVISOR - REVENUE $42,067 $49,490 $61,863 $54,439 TOURISM SALES COORDINATOR $42,067 $49,490 $61,863 $54,439 TOURIST DEVELOPMENT TAX COORDINATOR $42,067 $49,490 $61,863 $54,439 TRAINING COORDINATOR $42,067 $49,490 $61,863 $54,439 WELLNESS NURSE $42,067 $49,490 $61,863 $54,439 20 Non Exempt - Hourly None Exempt - Annual ACCOUNTANT, SENIOR $44,125 $51,912 $64,890 $57,103 ASSOCIATE DATABASE ADMINISTRATOR $44,125 $51,912 $64,890 $57,103 HUD GRANT COORDINATOR $44,125 $51,912 $64,890 $57,103 IMPACT FEE COORDINATOR $44,125 $51,912 $64,890 $57,103 OCCUPATIONAL HEALTH NURSE $44,125 $51,912 $64,890 $57,103 PLANNER, SENIOR $44,125 $51,912 $64,890 $57,103 PROPERTY MANAGEMENT SPECIALIST, SENIOR $44,125 $51,912 $64,890 $57,103 PUBLIC RELATIONS SPECIALIST - TOURISM $44,125 $51,912 $64,890 $57,103 REAL ESTATE APPRAISER $44,125 $51,912 $64,890 $57,103 RECYCLING COORDINATOR $44,125 $51,912 $64,890 $57,103 SAFETY ENGINEER $44,125 $51,912 $64,890 $57,103 SUPERVISOR - BUILDING AUTOMATION CENTER $44,125 $51,912 $64,890 $57,103 SUPERVISOR - ENGINEERING INSPECTIONS $44,125 $51,912 $64,890 $57,103 SUPERVISOR - FLEET MAINTENANCE $44,125 $51,912 $64,890 $57,103 SUPERVISOR - HUMAN SERVICES GRANTS $44,125 $51,912 $64,890 $57,103 SUP'V - ROAD MAINT. CONTRACTS AND PROJECT $44,125 $51,912 $64,890 $57,103 WEBMASTER $44,125 $51,912 $64,890 $57,103 Page 9 of 19 GRADE TITLE 21 Non Exempt - Hourly TECHNICAL SUPPORT PROFESSIONAL, SENIOR Exempt - Annual Agenda Item No. 16E1 September 27, 2005 Page 16 of 25 LUMP MIN MKTPT MAX SUM MERIT POINT $22.2760 $26.2067 $32.7587 $28.8274 APPLICATIONS ANALYST $46,334 $54,510 $68,138 $59,961 CONTRACTS SPECIALIST $46,334 $54,510 $68,138 $59,961 ENVIRONMENTAL SPECIALIST, PRINCIPAL $46,334 $54,510 $68,138 $59,961 EXTENSION AGENT, SENIOR $46,334 $54,510 $68,138 $59,961 LANDSCAPE ARCHITECT $46,334 $54,510 $68,138 $59,961 MANAGER - BRANCH LIBRARY $46,334 $54,510 $68,138 $59,961 MANAGER - CODE ENFORCEMENT OPERATIONS $46,334 $54,510 $68,138 $59,961 MANAGER - MUSEUM $46,334 $54,510 $68,138 $59,961 MANAGER - TELEVISION OPERATIONS $46,334 $54,510 $68,138 $59,961 OPERATIONS ANALYST, SENIOR $46,334 $54,510 $68,138 $59,961 PROGRAMMER ANALYST $46,334 $54,510 $68,138 $59,961 PUBLIC AFFAIRS OFFICER $46,334 $54,510 $68,138 $59,961 REVIEW APPRAISER, SENIOR $46,334 $54,510 $68,138 $59,961 SUPERVISOR - BUILDING MAINTENANCE $46,334 $54,510 $68,138 $59,961 SUPERVISOR - CASE MANAGEMENT $46,334 $54,510 $68,138 $59,961 SUPERVISOR - FLEET OPERATIONS $46,334 $54,510 $68,138 $59,961 SUPERVISOR - GIS /CAD $46,334 $54,510 $68,138 $59,961 SUPERVISOR - LABORATORY $46,334 $54,510 $68,138 $59,961 SUPERVISOR - LIBRARY $46,334 $54,510 $68,138 $59,961 SUPERVISOR - RECREATION $46,334 $54,510 $68,138 $59,961 SUPERVISOR - VEGETATION MANAGEMENT $46,334 $54,510 $68,138 $59,961 URBAN DESIGN PLANNER $46,334 $54,510 $68,138 $59,961 22 Non Exempt - Hourly FIELD ENGINEERING INSPECTOR Exempt - Annual CHIEF BUILDING INSPECTOR DATABASE PROGRAMMER ENGINEER $23.3894 $27.5168 $34.3962 $30.2688 $48,650 $48,650 $48,650 Page 10 of 19 $57,235 $71,544 $62,959 $57,235 $71,544 $62,959 $57,235 $71,544 $62,959 GRADE TITLE 22 Exempt - Annual ( con't) GIS PROGRAMMER ANALYST, SENIOR GRANTS DEVELOPMENT & MGMT COORDINATOR LAND SURVEYOR LIBRARY AUTOMATION SPECIALIST MANAGEMENT /BUDGET ANALYST, SENIOR MANAGER - CAREER DEVELOPMENT & TRAINING MANAGER - EMPLOYMENT OPERATIONS MANAGER - ENVIRONMENTAL COMPLIANCE MANAGER - FED /STATE GRANTS ADMIN MANAGER - FED /STATE GRANTS OPERATIONS MANAGER - GROUP INSURANCE MANAGER - OCCUPATIONAL HEALTH & SAFETY MANAGER - PARK OPERATIONS MANAGER - PROPERTY ACQUISITION & SALES MANAGER - REGULATION /OPERATIONS - CDES MANAGER - REVENUE MANAGER - RISK MANAGER - SHELTER OPERATIONS MANAGER - SOLID WASTE OPERATIONS MANAGER - WASTE REDUCTION AND RECYCLING MANAGER - WASTEWATER RECYCLING MANAGER - WELLNESS PROGRAMS NETWORK ENGINEER PLANNER, PRINCIPAL PROJECT MANAGER SENIOR SUPERVISOR - LIBRARY SIGNAL SYSTEMS NETWORK ENGINEER SUPERVISOR - ACCOUNTING SUPERVISOR - RECLAIMED WATER 23 Non Exempt - Hourly None Exempt - Annual ASSISTANT TO THE COUNTY MANAGER EMERGENCY MANAGEMENT COORDINATOR EXECUTIVE MANAGER TO THE BCC Agenda Item No. 16E1 September 27, 2005 Page 17 of 25 MIN MKTPT MAX $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $48,650 $57,235 $71,544 $51,082 $60,097 $75,121 $51,082 $60,097 $75,121 $51,082 $60,097 $75,121 Page 11 of 19 LUMP SUM MERIT POINT $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $62,959 $66,107 $66,107 $66,107 MANAGER - CONTRACTS ADMINISTRATION $51,082 $60,097 $75,121 Page 12 of 19 Agenda Item No. 16E1 September 27, 2005 Page 18 of 25 $66,107 GRADE TITLE 23 Exempt.-Annual (con't) Agenda Item No. 16E1 September 27, 2005 Page 19 of 25 MIN MKTPT MAX LUMP SUM MERIT POINT MANAGER - PELICAN BAY SERVICES $51,082 $60,097 $75,121 $66,107 MANAGER - PUBLIC TRANSIT $51,082 $60,097 $75,121 $66,107 MANAGER - PURCHASING ACQUISITIONS $51,082 $60,097 $75,121 $66,107 MANAGER - PURCHASING OPERATIONS $51,082 $60,097 $75,121 $66,107 MANAGER - TELECOMMUNICATIONS $51,082 $60,097 $75,121 $66,107 NETWORK SECURITY ADMINISTRATOR $51,082 $60,097 $75,121 $66,107 SUPERVISOR - FIELD ENGINEERING INSPECTION! $51,082 $60,097 $75,121 $66,107 24 Non Exempt - Hourly None Exempt- Annual DATABASE ADMINISTRATOR $53,637 $63,102 $78,878 $69,412 ENGINEER, SENIOR $53,637 $63,102 $78,878 $69,412 MANAGER - AIRPORT $53,637 $63,102 $78,878 $69,412 MANAGER - COMPENSATION $53,637 $63,102 $78,878 $69,412 MANAGER - COMPUTER SUPPORT $53,637 $63,102 $78,878 $69,412 MANAGER - GRANTS AND HOUSING $53,637 $63,102 $78,878 $69,412 MANAGER - IMPACT FEES /ECONOMIC DEVEL. $53,637 $63,102 $78,878 $69,412 MANAGER - LABOR & EMPLOYEE RELATIONS $53,637 $63,102 $78,878 $69,412 MANAGER - MPO $53,637 $63,102 $78,878 $69,412 MANAGER - OPERATIONS SUPPORT - CDES $53,637 $63,102 $78,878 $69,412 MANAGER - PARK MAINTENANCE $53,637 $63,102 $78,878 $69,412 MANAGER - RECREATION $53,637 $63,102 $78,878 $69,412 REGIONAL MANAGER - PARKS & RECREATION $53,637 $63,102 $78,878 $69,412 SECURITY CHIEF $53,637 $63,102 $78,878 $69,412 SENIOR MANAGEMENT AND OPS CONSULTANT $53,637 $63,102 $78,878 $69,412 25 Non Exempt - Hourly None Exempt - Annual EMS ADMINISTRATIVE CAPTAIN $56,376 $66,325 $82,906 $72,958 MANAGER - BUSINESS APPLICATIONS $56,376 $66,325 $82,906 $72,958 MANAGER - GEOGRAPHICAL INFORMATION SYST $56,376 $66,325 $82,906 $72,958 MANAGER - LANDSCAPE OPERATIONS $56,376 $66,325 $82,906 $72,958 MANAGER - LIBRARY EXTENSION SERVICES $56,376 $66,325 $82,906 $72,958 Page 13 of 19 Agenda Item No. 16E1 September 27, 2005 Page 20 of 25 GRADE TITLE MIN MKTPT MAX LUMP ASSISTANT DIRECTOR - PARKS & RECREATION $59,135 $69,570 $86,963 SUM ASSISTANT FIRE CHIEF - ISLE OF CAPRI $59,135 $69,570 $86,963 MERIT 25 Exempt - Annual (con't) $59,135 $69,570 $86,963 POINT MANAGER - PARKS- BEACH/WATER $56,376 $66,325 $82,906 $72,958 MANAGER - PLANNING $56,376 $66,325 $82,906 $72,958 MANAGER - RIGHT OF WAY $56,376 $66,325 $82,906 $72,958 MANAGER - SCADA $56,376 $66,325 $82,906 $72,958 MANAGER - TRAFFIC OPERATIONS $56,376 $66,325 $82,906 $72,958 MANAGER - WASTEWATER COLLECTION $56,376 $66,325 $82,906 $72,958 MANAGER - WATER DISTRIBUTION $56,376 $66,325 $82,906 $72,958 PLANT MANAGER $56,376 $66,325 $82,906 $72,958 PROJECT MANAGER, SENIOR $56,376 $66,325 $82,906 $72,958 SUPERINTENDENT - ROADS & BRIDGES $56,376 $66,325 $82,906 $72,958 26 Non Exempt - Hourly None Exempt - Annual ASSISTANT DIRECTOR - LIBRARY $59,135 $69,570 $86,963 $76,527 ASSISTANT DIRECTOR - PARKS & RECREATION $59,135 $69,570 $86,963 $76,527 ASSISTANT FIRE CHIEF - ISLE OF CAPRI $59,135 $69,570 $86,963 $76,527 EMS BATTALION CHIEF $59,135 $69,570 $86,963 $76,527 EMS CAPTAIN $59,135 $69,570 $86,963 $76,527 MANAGER - ENGINEERING REVIEW SERVICES $59,135 $69,570 $86,963 $76,527 MANAGER - FACILITIES $59,135 $69,570 $86,963 $76,527 MANAGER - INFORMATION SYSTEMS DEVELOPME $59,135 $69,570 $86,963 $76,527 MANAGER - NETWORK OPERATIONS $59,135 $69,570 $86,963 $76,527 MANAGER - OPERATIONS - WATER / WASTEWATEF $59,135 $69,570 $86,963 $76,527 MANAGER - REVENUE SERVICES $59,135 $69,570 $86,963 $76,527 27 Non Exempt - Hourly None Exempt - Annual CHIEF PILOT $62,091 $73,048 $91,310 $80,353 ENGINEER - TRAFFIC OPERATIONS $62,091 $73,048 $91,310 $80,353 MANAGER - FLIGHT OPERATIONS TRAINING $62,091 $73,048 $91,310 $80,353 PROJECT MANAGER, PRINCIPAL $62,091 $73,048 $91,310 $80,353 28 Non Exempt - Hourly SUPERVISOR - AIRCRAFT MAINTENANCE $31.3442 $36.8755 $46.0942 $40.5630 Page 14 of 19 Agenda Item No. 16E1 September 27, 2005 Page 21 of 25 LUMP GRADE TITLE MIN MKTPT MAX SUM MERIT POINT 28 Exempt - Annual EMS DIVISION CHIEF $65,196 $76,701 $95,876 $84,371 MANAGER - PROPERTY ACQUISITION & CONST Mi $65,196 $76,701 $95,876 $84,371 SHELTER VETERINARIAN $65,196 $76,701 $95,876 $84,371 Page 15 of 19 Agenda Item No. 16E1 September 27, 2005 Page 22 of 25 LUMP GRADE TITLE MIN MKTPT MAX SUM MERIT POINT Red Plan 29 Non Exempt - Hourly None Exempt - Annual DIRECTOR - DOMESTIC ANIMAL SERVICES $69,150 $78,580 $98,225 $69,150 DIRECTOR - FLEET MANAGEMENT $69,150 $78,580 $98,225 $69,150 DIRECTOR - HUMAN SERVICES $69,150 $78,580 $98,225 $69,150 DIRECTOR - MUSEUM $69,150 $78,580 $98,225 $69,150 DIRECTOR - NATURAL RESOURCES $69,150 $78,580 $98,225 $69,150 DIRECTOR - TOURISM $69,150 $78,580 $98,225 $69,150 DIRECTOR - UNIVERSITY EXTENSION SVCS. $69,150 $78,580 $98,225 $69,150 DIRECTOR - VETERAN SERVICES $69,150 $78,580 $98,225 $69,150 FIRE CHIEF - $69,150 $78,580 $98,225 $69,150 30 Non Exempt - Hourly None Exempt - Annual DIRECTOR - ALT. TRANSPORTATION MODES $72,681 $82,592 $103,240 $72,681 DIRECTOR - CDES ENGINEERING SERVICES $72,681 $82,592 $103,240 $72,681 DIRECTOR - CDES FINANCIAL ADMIN & HOUSING $72,681 $82,592 $103,240 $72,681 DIRECTOR - CDES OPERATIONS $72,681 $82,592 $103,240 $72,681 DIRECTOR - CODE ENFORCEMENT $72,681 $82,592 $103,240 $72,681 DIRECTOR - COMMUNICATION & CUST. RELATION $72,681 $82,592 $103,240 $72,681 DIRECTOR - COMPREHENSIVE PLANNING $72,681 $82,592 $103,240 $72,681 DIRECTOR - EMS OPERATIONS $72,681 $82,592 $103,240 $72,681 DIRECTOR - POLLUTION CONTROL $72,681 $82,592 $103,240 $72,681 DIRECTOR - PURCHASING /GENERAL SERVICES $72,681 $82,592 $103,240 $72,681 DIRECTOR - RISK MANAGEMENT $72,681 $82,592 $103,240 $72,681 DIRECTOR - ROAD MAINTENANCE $72,681 $82,592 $103,240 $72,681 DIRECTOR - SOLID WASTE $72,681 $82,592 $103,240 $72,681 DIRECTOR - TRANSPORTATION PLANNING $72,681 $82,592 $103,240 $72,681 DIRECTOR - UTILITIES FINANCE OPERATIONS $72,681 $82,592 $103,240 $72,681 DIRECTOR - ZONING AND LAND DEVELOPMENT $72,681 $82,592 $103,240 $72,681 Page 16 of 19 GRADE TITLE 31 Non Exempt - Hourly None Exempt - Annual CHIEF - EMERGENCY MEDICAL SERVICES DIRECTOR - BUILDING REVIEW & PERMITTING DIRECTOR - FACILITIES MANAGEMENT DIRECTOR - HUMAN RESOURCES DIRECTOR - INFORMATION TECHNOLOGY DIRECTOR - LIBRARY DIRECTOR - MANAGEMENT AND BUDGET DIRECTOR - PARKS AND RECREATION DIRECTOR - PUBLIC UTILITIES ENGINEERING DIRECTOR - TRAFFIC OPERATIONS DIRECTOR -TRANSPORTATION ENGINEERING DIRECTOR - WASTEWATER DIRECTOR - WATER 32 Non Exempt - Hourly None Exempt - Annual DIRECTOR - BUREAU OF EMERGENCY SVCS 33 Non Exempt - Hourly None Exempt - Annual None MIN MKTPT MAX Agenda Item No. 16E1 September 27, 2005 Page 23 of 25 LUMP SUM MERIT POINT $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $76,314 $86,721 $108,401 $76,314 $80,131 $91,058 $113,823 $80,131 Page 17 of 19 GRADE TITLE 34 Non Exempt - Hourly None Exempt - Annual ADMINISTRATOR - ADMINISTRATIVE SERVICES ADMINISTRATOR - COMMUNITY DEVELOPMENT ADMINISTRATOR - EMERGENCY SERVICES ADMINISTRATOR - PUBLIC SERVICES ADMINISTRATOR - PUBLIC UTILITIES ADMINISTRATOR - TRANSPORTATION 35 Non Exempt - Hourly None Exempt - Annual ASSISTANT COUNTY MANAGER 36 Non Exempt - Hourly None Exempt - Annual DEPUTY COUNTY MANAGER Agenda Item No. 16E1 September 27, 2005 Page 24 of 25 LUMP MIN MKTPT MAX SUM MERIT POINT $88,343 $100,390 $125,488 $88,343 $88,343 $100,390 $125,488 $88,343 $88,343 $100,390 $125,488 $88,343 $88,343 $100,390 $125,488 $88,343 $88,343 $100,390 $125,488 $88,343 $88,343 $100,390 $125,488 $88,343 $92,761 $105,410 $131,763 $92,761 $97,399 $110,681 $138,351 $97,399 Page 18 of 19 GRADE TITLE MIN MKTPT MAX Agenda Item No. 16E1 September 27, 2005 Page 25 of 25 LUMP sum MERIT POINT Isle of Capri Fire Services (Non - Bargaining Unit) 301 Non Exempt - Hourly FIREFIGHTER $11.0853 $13.0415 $16.5492 $14.3455 Exempt None 306 Non Exempt - Hourly FIRE LIEUTENANT $14.1177 $16.6090 $20.6458 $18.2699 Exempt None Page 19 of 19 Agenda Item No. 16E2 September 27, 2005 Page 1 of 36 EXECUTIVE SUMMARY Recommendation to waive the Purchasing Policy as allowed under Section VII.G. of the policy and approve a retention agreement with the law firm of Langston, Hess, Bolton, Shepard, & Augustine PA and the law firm of Kelley Stiffler Thomas PLLC, to defend certain workers' compensation litigation cases on behalf of the County and the County's excess insurance carriers. OBJECTIVE: For the Board of County Commissioners to waive the Purchasing Policy as allowed under Section VII.G. of the Policy and approve the law firm of Langston, Hess, Bolton, Shepard, & Augustine PA and the law firm of Kelley Stiffler Thomas PLLC, to defend certain workers' compensation litigation cases on behalf of the County and the County's excess insurance carriers. CONSIDERATIONS: The Board of Commissioners, through the Risk Management Department, administers a partially self insured Workers' Compensation program pursuant to the requirements of Florida Statute Chapter 440. From time to time, it is necessary to retain outside counsel to defend litigated matters that arise under the program. The law firms of Langston, Hess, Bolton, Shepard, & Augustine PA and Kelley Stiffler Thomas PLLC have special expertise and resources in the defense of workers' compensation legal matters. Since the volume of workers' compensation litigation matters is relatively small in number, it would not be cost effective for the County Attorney's Office to hire a specialist in the defense of workers' compensation matters. Further, due to its specialized nature, there are a limited number of firms in Southwest Florida that specialize in the defense of workers' compensation cases. Therefore, pursuant to Section VII.G. of the Purchasing Policy of Collier County, it is the recommendation of the Risk Management Department and the County Attorney that the above legal services be exempted from formal competition by the Board since the proposed services are appropriate and cost effective to the County. FISCAL IMPACT: The hourly rate for the firm of Langston, Hess, Bolton, Shepard, & Augustine PA is $105.00. The hourly attorney rate for the firm of Kelley Stiffler Thomas PLLC is $135.00 and the hourly paralegal rate is $90.00. Funds are available in Fund 518, Workers' Compensation Insurance for this purpose. The average yearly fiscal impact is $30,000. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board waive the Purchasing Policy under Section VII.G. of the Purchasing Policy and approve the Retention Agreements with the above law firms. Prepared by: Jeff Walker, Director, Risk Management Agenda Item No. 16E2 September 27, 2005 Page 2 of 36 RETENTION AGREEMENT WITH LANGSTON HESS, BOLTON, SHEPARD, & AUGUSTINE This Retention Agreement is made by and between the Board of County Commissioners of Collier County, Florida (the "County "), and the law firm of Langston, Hess, Bolton, Shepard, & Augustine, 2400 First Street, Fort Myers, Florida ( "Langston and Hess "). Whereas, Langston and Hess has special expertise and resources in the defense of workers' compensation legal matters, and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Langston and Hess; Now, therefore, in consideration of the premises contained herein, the County hereby hires and retains Langston and Hess to provide legal services to the County in the defense of workers' compensation claims. ARTICLE 1 COMPENSATION: METHOD OF PAYMENT L I For professional services rendered, Langston and Hess shall be paid at the rate of $105 per hour plus associated costs of $.10 per page copy charge and postage fees incurred. Mileage is also charged to the County at the statutory rate of $.29 per mile for any travel outside Monroe, Collier and Lee Counties. Mileage and travel time within Monroe, Collier and Lee counties will not be charged to the County. Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. 1.2 The rates set forth in paragraph 1.1 shall remain in effect without change for a minimum of one (1) year from October 1, 2005. In each year thereafter, upon the request of Langston Page 1 of 18 Agenda Item No. 16E2 September 27, 2005 Page 3 of 36 and Hess, the Risk Management Director is authorized to negotiate to increase the hourly rate up to a maximum of ten (10) per cent without approval by the Board of County Commissioners. In the negotiation process, Langston and Hess must substantiate the reason the request is being made (i.e. market conditions, etc.). The parties recognize that Langston and Hess have a longstanding relationship between Collier County in the defense of Workers' Compensation claims. 13 Langston and Hess may submit invoices for hourly work assignments only after the services for which the invoices are submitted have been completed or expenses incurred. An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration of this Agreement. 1.4 To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed- by the County. Payment may be withheld for failure of Langston and Hess to comply with a term, condition, or requirement of this Agreement. 1.5 Payment shall be made within thirty (30) days of rendition of a proper invoice to Langston and Hess at: Langston, Hess, Bolton, Shepard, & Augustine 111 Maitland Avenue P.O. Box 945050 Maitland, Florida 32794 -5050 Page 2 of 18 Agenda Item No. 16E2 September 27, 2005 Page 4 of 36 ARTICLE 2 INSURANCE 2.1 Langston and Hess shall as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount and form not less than $1,000,000 per claim and in the aggregate on and after October 1, 2005 and remain at that level unless this Agreement is amended or until this Agreement expires. Langston and Hess shall also supply a coverage declaration/policy renewal sheet to the Risk Management Director for each policy year that this Agreement remains in effect. Such insurance shall also provide, in the event of cancellation or non - renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 2.2 Such policy or policies shall be issued by companies authorized to do business in the State of Florida. 2.3 Langston and Hess shall furnish to the Risk Management Director Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall be for a period of three years to begin October 1, 2005 and to end on October 1, 2008, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed Page 3 of 18 Agenda Item No. 16E2 September 27, 2005 Page 5 of 36 upon mutual consent of the parties for two (2) additional terms of one (1) year each. (In the event the term of this Agreement extends beyond a single fiscal year of the County, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes.) 3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities by this Agreement. 3.3 Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. ARTICLE 4 TERMINATION 4.1 This Agreement may be terminated by either party for cause upon ten (10) days notice or by the County for convenience upon no less than thirty (30) days advance written notice in accordance with the "NOTICES" section of this Agreement. 4.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 43 In the event this Agreement is terminated for convenience, Langston and Hess shall be paid for any services performed to the date the Agreement is terminated; however, upon Page 4 of 18 Agenda Item No. 16E2 September 27, 2005 Page 6 of 36 being notified of County's election to terminate, Langston and Hess shall refrain from performing further services or incurring additional expenses under the term of this Agreement except as may be necessary to protect the interests of the County in accordance with the Rules Regulating The Florida Bar. Langston and Hess acknowledges and agrees that Ten Dollars ($10) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Langston and Hess, is given as specific consideration to Langston and Hess for County's right to terminate this Agreement for convenience. Langston and Hess's obligations to the County as provided for hereunder shall cease upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee. Such transfer of responsibilities and files shall also be in accordance with all requirements of the Rules Regulating The Florida Bar. ARTICLE 5 RECORD AUDIT AND INSPECTION 5.1 County shall have the right to audit the books and records of Langston and Hess pertinent to the funding under this Agreement. Langston and Hess shall return documents to the Office of the County Attorney upon termination of any matter for which Langston and Hess has provided representation to the County. With regard to those materials which remain in the possession of Langston and Hess, Langston and Hess shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement or, if any audit has been Page 5 of 18 Agenda Item No. 16E2 September 27, 2005 Page 7 of 36 initiated and audit findings have not been resolved at the end of the three years, the books and records shall be retained until resolution of the audit findings. 5.2 If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be applicable to Langston and Hess's records, Langston and Hess shall comply with all requirements thereof, however, no confidentiality or non - disclosure requirement of either federal or state law shall be violated by Langston and Hess. ARTICLE 6 CONFLICT OF INTEREST 6.1 Langston and Hess states that it is familiar with and will comply with the terms and conditions of Chapter 112, Part II1, Florida Statutes (Code of Ethics). 6.2 It is very important that Langston and Hess be independent and impartial in order to properly provide services under this Agreement. Thus, Langston and Hess agrees that it will comply at all times with all of the Rules Regulating The Florida Bar, including without limitation Rules 4 -1.6, 4 -1.7, and 4-1.8 concerning confidentiality and the scrupulous avoidance of conflicts of interest. ARTICLE 7 INDEMNIFICATION 7.1 Langston and Hess acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Langston and Hess, is given as specific consideration to Langston and Hess so that Langston and Hess shall at all times hereafter indemnify, hold harmless and, at County's Page 6 of 18 Agenda Itern No. 16E2 September 27, 2005 Page 8 of 36 option, defend or pay for an attorney selected by County to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Langston and Hess, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due Langston and Hess under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by County. ARTICLE 8 OWNERSHIP OF DOCUMENTS 8.1 Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Langston and Hess, whether finished or unfinished, shall become the property of County and shall be delivered by Langston and Hess to the County within seven (7) days of termination of this Agreement by either party. Any compensation Page 7 of 18 Agenda Item No. 16E2 September 27, 2005 Page 9 of 36 due to Langston and Hess shall be withheld until all documents are received as provided herein. ARTICLE 9 INDEPENDENT CONTRACTOR 9.1 Langston and Hess is an independent contractor under this Agreement. Services provided by Langston and Hess shall be subject to the supervision of Langston and Hess, and such services shall not be provided by Langston and Hess as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. ARTICLE 10 NONDISCRIMINATION, EQUAL OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT 10.1 Langston and Hess shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 10.2 Langston and Hess's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, Page 8 of 18 Agenda Item No. 16E2 September 27, 2005 Page 10 of 36 sexual orientation national origin, martial status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. ARTICLE 11 NOTICE 11.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail, postage prepaid, return receipt requested, or by hand - delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COLLIER COUNTY: David C. Weigel, County Attorney Collier County Government Center 3301 Tamiami Trail East Naples, Florida 34112 FOR LANGSTON AND HESS: George W. Boring, Esq. Langston, Hess, Bolton, Shepard, & Augustine Bank of America Building, Suite 212 2400 First Street Fort Myers, Florida 33901 Page 9 of 18 Agenda Item No. 16E2 September 27, 2005 Page 11 of 36 ARTICLE 12 MISCELLANEOUS 12.1 WAIVER OF BREACH AND MATERIALITY Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.2 COMPLIANCE WITH LAWS Langston and Hess shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations as well as all Rules Regulating The Florida Bar in performing its duties, responsibilities, and obligations related to this Agreement. 12.3 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County and Langston and Hess elect to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 12.4 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Collier County, Florida. Page 10 of 18 Agenda Item No. 16E2 September 27, 2005 Page 12 of 36 12.5 PRIOR AGREEMENTS This document supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Article 3 above. 12.6 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. DATE: ATTEST: Dwight E. Brock, CLERK DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By FRED W. COYLE, CHAIRMAN Page 11 of 18 rV Approved as to form & legal suffic'ency OVWp,`F d(David C. Weigel, County Attorney DATE: ?— 3 0 — 2005' STATE OF FLORIDA Agenda Item No. 16E2 September 27, 2005 Page 13 of 36 LANGSTON AND HESS Its: The foregoing Retention Agreement was acknowledged before me this" day of - , 2005, by as Q S� � of Langston and Hess, a Florida Professional Association, on behalf of the professional association. j1e /she is personally known to me or produced �1� as identification. Asmhl k SWER Signature of Notary Public Im" Pok- fur d P&ft 080m+do,► # DOOM Name of Notary Public typed, printed or My Commission Expires: Page 12 of 185 Agenda Item No. 16E2 September 27, 2005 Page 14 of 36 Page 13 of 18 Agenda Item No. 16E2 September 27, 2005 Page 15 of 36 For professional services rendered, Langston and Hess's' fee shall be based on the hourly rate as George Boring $105 per hour Paralegal Rate $ per hour Langston and Hess' fee shall not exceed $100,000.00 per Purchase Order /Case without the approval of the Board of County Commissioners. (Where appropriate a "not to exceed" sum shall be agreed to when each assignment is made to Langston and Hess.) In the event that Langston and Hess is required or requested to perform any additional or extraordinary services not herein contemplated, Langston and Hess shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of County and no such additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance in writing by County in its sole discretion. Langston and Hess shall provide the annual response to County's auditors regarding pending or threatened litigation and may bill time expended thereon accordingly. The auditors typically request information regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any other information considered necessary to explain the case. Langston and Hess shall provide said response within 30 days of receipt of the request. If Langston and Hess should find it necessary to associate with any other law firm or attorneys in order to responsibly and professionally provide services on a given project or case, written pre - approval from the Office of the County Attorney and the Risk Management Director shall be required. In any such instance, the rates for the associating firm or attorneys shall not exceed those of comparable attorneys and staff of Langston and Hess. All billings of the associating firm or attorneys, including all backup and detail, e.g., hours and nature of work performed as invoiced, shall be included in the Langston and Hess billings. Whenever Langston and Hess believes in its professional judgment that a consultant or expert must be retained for purposes of a project or case, Langston and Hess shall retain such consultant or expert directly following receipt of written approval from the Risk Management Director or their designee. Fees and costs of such consultants or experts shall be billed to the County through Langston and Hess billings with appropriate backup documentation, e.g., hours and hourly rates as invoiced. If, for purposes of any services to be provided under this Agreement, Langston and Hess finds it to be prudent or necessary to employ extraordinary technology services or products to be Page 14 of 18 Agenda Item No. 16E2 September 27, 2005 Page 16 of 36 supplied by a third party, the cost of such services or technology will be paid by the County upon the County's prior approval. Such approved services /products shall be invoiced through Langston and Hess's billings. NOTES: Billings by Langston, Hess shall be submitted to the County's Risk Management Department and shall be paid by the County's third party claims administrator with such expenses being charged to the County's Workers' Compensation fund. Page 15 of 18 Agenda Item No. 16E2 September 27, 2005 Page 17 of 36 EXHIBIT B 1. In addition to the charges for professional fees set forth in Exhibit A, and the Schedules attached hereto, County shall reimburse Langston and Hess for out -of- pocket expenses reasonably incurred in the course of rendering such legal services, including costs of long distance calls, printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F. S. Langston and Hess shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. 2. Langston and Hess shall submit invoices on a monthly basis for the payment of out -of- pocket expenses. Each invoice shall include listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. REQUIREMENTS The following represents Collier County's payment requirements for legal costs ➢ Your federal employee identification number must be on all invoices submitted. ➢ No service, interest, or other charge of like nature is to be imposed with regard to any item, invoice, or request. All firms doing business with Collier County must have a current W -9 "Request for Taxpayer Identification Number and Certification" on file. ➢ Services rendered must be specifically and concisely identified, as well as the bond issue or financing transaction for which the services were rendered. ➢ Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Langston and Hess for retention and utilization of sub - consultants. ➢ Reimbursable expense must be verified by attached receipts or copies thereof. ➢ Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. (mileage $0.29 per mile; breakfast $3.00; lunch $6.00; dinner $12.00). Meals and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. ➢ Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge. Pagc 16 of 18 Agenda Item No. 16E2 September 27, 2005 Page 18 of 36 ➢ Car rentals required for travel should include compact or standard -size vehicles only. > Common carrier travel shall be reimbursable at tourist or coach class fares only. The Risk Management Department and its Third Party Administrator requires original receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition the Certificate contained in Exhibit D must accompany each invoice. > Faxes shall not be reimbursed ➢ Legal Research costs (Lexis- Nexis, Westlaw, etc.) shall not be reimbursed. Page 17 of 18 Agenda Item No. 16E2 September 27, 2005 Page 19 of 36 Page 18 of 18 Agenda Item No. 16E2 September 27, 2005 Page 20 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E2 Item Summary: Recommendation that the Board of Commissioners waive the Purchasing Policy as allowed Administrative Services Administrator under Section VII.G. of the policy and approve a retention agreement with the law firm of Administrative Services Langston, Hess, Bolton, & Shepard P.A. and the law firm of Kelley, Stiffler, & Thomas PLLC, 9/12/2005 4:37 PM to defend certain Workers Compensation litigation cases on behalf of the County and the Countys excess insurance carriers. Meeting Date: 912712005 9:00:00 AM Prepared By County Manager's Office Sheree Mediavilla Risk Manager Date Administrative Services Risk Management 8/15/2005 2:08:11 PM Approved By Michael Smykowski Jeffrey A. Walker, CPCU, Date ARM Risk Management Director Date Administrative Services Risk Management 9112/2005 10:24 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9/12/2005 4:37 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 7:34 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/13/2005 1:10 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/15/2005 10:30 AM Agenda Item No. 16E2 September 27, 2005 Page 21 of 36 RETENTION AGREEMENT WITH KELLEY STIFFLER THOMAS PLLC This Retention Agreement is made by and between the Board of County Commissioners of Collier County, Florida (the "County "), and the law firm of Kelley Stiffler Thomas PLLC. Whereas, Kelley Stiffler Thomas PLLC has special expertise and resources in the defense of workers' compensation legal matters; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Kelley Stiffler Thomas PLLC; Now, therefore, in consideration of the premises contained herein, the County hereby hires and retains Kelley Stiffler Thomas PLLC to provide legal services to the County in the defense of workers' compensation claims. ARTICLE 1 COMPENSATION; METHOD OF PAYMENT 1.1 For professional services rendered, Kelley Stiffler Thomas PLLC shall be paid at the attorney rate of $135 per hour and the paralegal rate of $90 per hour plus associated costs of $.10 per page copy charge and postage fees incurred. Mileage is also charged to the County at the statutory rate of $.29 per mile for any travel outside Monroe, Collier and Lee Counties. Mileage and travel time within Monroe, Collier and Lee counties will not be charged to the County. Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. Page 1 of 16 Agenda Item No. 16E2 September 27, 2005 Page 22 of 36 1.2 The rates set forth in paragraph 1.1 shall remain in effect without change for a minimum of one (1) year from October 1, 2005. In each year thereafter, upon the request of Kelley Stiffler Thomas PLLC, the Risk Management Director is authorized to negotiate to increase the hourly rate up to a maximum of ten (10) per cent without approval by the Board of County Commissioners. In the negotiation process, Kelley Stiffler Thomas PLLC must substantiate the reason the request is being made (i.e. market conditions, etc.). 1.3 Kelley Stiffler Thomas PLLC may submit invoices for hourly work assignments only after the services for which the invoices are submitted have been completed or expenses incurred. An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration of this Agreement. 1.4 To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by the County. Payment may be withheld for failure of Kelley Stiffler Thomas PLLC to comply with a term, condition, or requirement of this Agreement. 1.5 Payment shall be made within thirty (30) days of rendition of a proper invoice to Kelley Stiffler Thomas PLLC at: Kelley Stiffler Thomas PLLC P.O. Box 2485 Bonita Springs, Florida 34133 -2485 Page 2 of 16 Agenda Item No. 16E2 September 27, 2005 Page 23 of 36 ARTICLE 2 INSURANCE 2.1 Kelley Stiffler Thomas PLLC shall as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount and form not less than $1,000,000 per claim and in the aggregate on and after October 1, 2005 and remain at that level unless this Agreement is amended or until this Agreement expires. Kelley Stiffler Thomas PLLC shall also supply a coverage declaration/policy renewal sheet to the Risk Management Director for each policy year that this Agreement remains in effect. Such insurance shall also provide, in the event of cancellation or non - renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 2.2 Such policy or policies shall be issued by companies authorized to do business in the State of Florida. 2.3 Kelley Stiffler Thomas PLLC shall furnish to the Risk Management Director Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall be for a period of three years to begin October 1, 2005 and to end on October 1, 2008, unless terminated earlier in accordance with the Page 3 of 16 Agenda Item No. 16E2 September 27, 2005 Page 24 of 36 provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for two (2) additional terms of one (1) year each. (In the event the term of this Agreement extends beyond a single fiscal year of the County, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes.) 3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities by this Agreement. 3.3 Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. ARTICLE 4 TERNIINATION 4.1 This Agreement may be terminated by either party for cause upon ten (10) days notice or by the County for convenience upon no less than thirty (30) days advance written notice in accordance with the "NOTICES" section of this Agreement. 4.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. Page 4 of 16 Agenda Item No. 16E2 September 27, 2005 Page 25 of 36 4.3 In the event this Agreement is terminated for convenience, Kelley Stiffler Thomas PLLC shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of County's election to terminate, Kelley Stiffler Thomas PLLC shall refrain from performing further services or incurring additional expenses under the term of this Agreement except as may be necessary to protect the interests of the County in accordance with the Rules Regulating The Florida Bar. Kelley Stiffler Thomas PLLC acknowledges and agrees that Ten Dollars ($10) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Kelley Stiffler Thomas PLLC, is given as specific consideration to Kelley Stiffler Thomas PLLC for County's right to terminate this Agreement for convenience. Kelley Stiffler Thomas PLLC's obligations to the County as provided for hereunder shall cease upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee. Such transfer of responsibilities and files shall also be in accordance with all requirements of the Rules Regulating The Florida Bar. ARTICLE 5 FILE REVIEW AND INSPECTION 5.1 County shall have the right to inspect any and all case file materials related to any legal matter referred by the County to Kelley Stiffler Thomas, PLLC, including but not limited to all documents, correspondence, pleadings, invoices, receipts and supporting electronic data to include email correspondence and electronic file and case management notes. Page 5 of 16 Agenda Item No. 16E2 September 27, 2005 Page 26 of 36 With regard to those materials which remain in the possession of Kelley Stiffler Thomas PLLC, Kelley Stiffler Thomas PLLC shall preserve and make available at reasonable times for examination by County the above stated case files, supporting documents and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement, or if any file review has not been resolved at the end of the three years, file materials shall be retained until resolution. 5.2 If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be applicable to Kelley Stiffler Thomas PLLC's records, Kelley Stiffler Thomas PLLC shall comply with all requirements thereof; however, no confidentiality or non - disclosure requirement of either federal or state law shall be violated by Kelley Stiffler Thomas PLLC. ARTICLE 6 CONFLICT OF INTEREST 6.1 Kelley Stiffler Thomas PLLC states that it is familiar with and will comply with the terms and conditions of Chapter 112, Part III, Florida Statutes (Code of Ethics). 6.2 It is very important that Kelley Stiffler Thomas PLLC be independent and impartial in order to properly provide services under this Agreement. Thus, Kelley Stiffler Thomas PLLC agrees that it will comply at all times with all of the Rules Regulating The Florida Bar, including without limitation Rules 4 -1.6, 4 -1.7, and 4 -1.8 concerning confidentiality and the scrupulous avoidance of conflicts of interest. Page 6 of 16 Agenda Item No. 16E2 September 27, 2005 Page 27 of 36 ARTICLE 7 INDEMNIFICATION 7.1 Kelley Stiffler Thomas PLLC acknowledges and agrees that Ten Dollars ($10.00) of the compensation paid by County, the adequacy of which is hereby acknowledged by Kelley Stiffler Thomas PLLC, is given as specific consideration to Kelley Stiffler Thomas PLLC so that Kelley Stiffler Thomas PLLC shall at all time hereafter indemnify, hold harmless and at County's option defend or pay for an attorney selected by County its officers, agents, servants and employers against only those claims, losses, liabilities and expenditures of any kind, including courts costs and expenses, subject to the coverage terms and not to exceed the policy limits of coverage in Article 2 of the Agreement, caused by negligent act or omission of Kelley Stiffler Thomas PLLC, its employees, agents, servants, or officers, or accruing resulting from or related to the subject matter of this Agreement. The provisions of this section shall survive the expiration or earlier tennination of this Agreement. ARTICLE 8 OWNERSHIP OF DOCUMENTS 8.1 Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Kelley Stiffler Thomas PLLC, whether finished or unfinished, shall become the property of County and shall be delivered by Kelley Stiffler Thomas PLLC to the County within seven (7) days of termination of this Agreement by Page 7 of 16 Agenda Item No. 16E2 September 27, 2005 Page 28 of 36 either party. Any compensation due to Kelley Stiffler Thomas PLLC shall be withheld until all documents are received as provided herein. It is acknowledged by the County that Kelley Stiffler Thomas shall retain copies of all documents returned to the County in compliance with the dictates of the Rules Regulating The Florida Bar. ARTICLE 9 INDEPENDENT CONTRACTOR 9.1 Kelley Stiffler Thomas PLLC is an independent contractor under this Agreement. Services provided by Kelley Stiffler Thomas PLLC shall be subject to the supervision of Kelley Stiffler Thomas PLLC, and such services shall not be provided by Kelley Stiffler Thomas PLLC as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. ARTICLE 10 NONDISCRIMINATION, EQUAL OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT 10.1 Kelley Stiffler Thomas PLLC shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and H of the ADA (regarding Page 8 of 16 Agenda item No. 16E2 September 27, 2005 Page 29 of 36 nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 10.2 Kelley Stiffler Thomas PLLC's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation national origin, martial status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. ARTICLE 11 NOTICES 11.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail, postage prepaid, return receipt requested, or by hand- delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COLLIER COUNTY: David C. Weigel, County Attorney Collier County Government Center 3301 Tamiami Trail East Naples, Florida 34112 FOR KELLEY STIFFLER THOMAS PLLC: Randal H. Thomas, Esq. Kelley Stiffler Thomas PLLC P.O. Box 2485 Bonita Springs, Florida 34133 -2485 Page 9 of 16 Agenda Item No, 16E2 September 27, 2005 Page 30 of 36 ARTICLE 12 MISCELLANEOUS 12.1 WAIVER OF BREACH AND MATERIALITY Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.2 COMPLIANCE WITH LAWS Kelley Stiffler Thomas PLLC shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations as well as all Rules Regulating The Florida Bar in performing its duties, responsibilities, and obligations related to this Agreement. 12.3 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County and Kelley Stiffler Thomas PLLC elect to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 12.4 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Collier County, Florida. Page 10 of 16 Agenda Item No. 16E2 September 27, 2005 Page 31 of 36 12.5 PRIOR AGREEMENTS This document supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Article 3 above. 12.6 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. DATE: ATTEST: Dwight E. Brock, CLERK LN DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA : FRED W. COYLE, CHAIRMAN Page 11 of 16 F �ff) Approved as to form & legal s iciency cyt/ prDavid C. Weigel, County Attorney DATE: 9191,06- STATE OF FLORIDA COUNTY OF COLLIER Agenda Item No. 16E2 September 27, 2005 Page 32 of 36 KELLEY IFFLER THOMAS PLLC By:,l�c Its: The foregoing Retention Agreement was acknowledged before me this 9"day of , 2005, by. '� f Kelley Stiffler Thomas if PLLC, a Florida Professional Association, on behalf of the professional association. He/she is personally known to me or produced as identification. C- S. PEREIRA Notary Publics State of Florida Signature of Notary Pubiic My Comm. UP. May 6, 2009 Comm, No. DD 416967 Name of Notary Public typed, printed or My Commission Expires: Page 12 of 16 Agenda Item No. 16E2 September 27, 2005 Page 33 of 36 EXHIBIT A For professional services rendered, Kelley Stiffler Thomas PLLCY fee shall be based on the hourly rate as Randal H. Thomas $135 per hour Paralegal Rate $ 90 per hour Kelley Stiffler Thomas PLLC' fee shall not exceed $100,000.00 per Purchase Order /Case without the approval of the Board of County Commissioners. (Where appropriate a "not to exceed" sum shall be agreed to when each assignment is made to Kelley Stiffler Thomas PLLC) In the event that Kelley Stiffler Thomas PLLC is required or requested to perform any additional or extraordinary services not herein contemplated, Kelley Stiffler Thomas PLLC shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of County and no such additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance in writing by County in its sole discretion. Kelley Stiffler Thomas PLLC shall provide the annual response to County's auditors regarding pending or threatened litigation and may bill time expended thereon accordingly. The auditors typically request information regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any other information considered necessary to explain the case. Kelley Stiffler Thomas PLLC shall provide said response within 30 days of receipt of the request. If Kelley Stiffler Thomas PLLC should find it necessary to associate with any other law firm or attorneys in order to responsibly and professionally provide services on a given project or case, written pre- approval from the Office of the County Attorney and the Risk Management Director shall be required. In any such instance, the rates for the associating firm or attorneys shall not exceed those of comparable attorneys and staff of Kelley Stiffler Thomas PLLC. All billings of the associating firm or attorneys, including all backup and detail, e.g., hours and nature of work performed as invoiced, shall be included in the Kelley Stiffler Thomas PLLC billings. Whenever Kelley Stiffler Thomas PLLC believes in its professional judgment that a consultant or expert must be retained for purposes of a project or case, Kelley Stiffler Thomas PLLC shall retain such consultant or expert directly following receipt of written approval from the Risk Management Director or their designee. Fees and costs of such consultants or experts shall be billed to the County through Kelley Stiffler Thomas PLLC billings with appropriate backup documentation, e.g., hours and hourly rates as invoiced. Page 13 of 16 Agenda Item No. 16E2 September 27, 2005 Page 34 of 36 If, for purposes of any services to be provided under this Agreement, Kelley Stiffler Thomas PLLC finds it to be prudent or necessary to employ extraordinary technology services or products to be supplied by a third party, the cost of such services or technology will be paid by the County upon the County's prior approval. Such approved services /products shall be invoiced through Kelley Stiffler Thomas PLLC's billings. NOTES: Billings by Kelley Stiffler Thomas PLLC shall be submitted to the County's Risk Management Department and shall be paid by the County's third party claims administrator with such expenses being charged to the County's Workers' Compensation fund. EXHIBIT B 1. In addition to the charges for professional fees set forth in Exhibit A, and the Schedules attached hereto, County shall reimburse Kelley Stiffler Thomas PLLC for out -of- pocket expenses reasonably incurred in the course of rendering such legal services, including costs of long distance calls, printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F.S. Kelley Stiffler Thomas PLLC shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. 2. Kelley Stiffler Thomas PLLC shall submit invoices on a monthly basis for the payment of out -of- pocket expenses. Each invoice shall include listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. REQUIREMENTS The following represents Collier County's payment requirements for legal costs ➢ Your federal employee identification number must be on all invoices submitted. ➢ No service, interest, or other charge of like nature is to be imposed with regard to any item, invoice, or request. All firms doing business with Collier County must Page 14 of 16 Agenda Item No. 16E2 September 27, 2005 Page 35 of 36 have a current W -9 "Request for Taxpayer Identification Number and Certification' on file. ➢ Services rendered must be specifically and concisely identified, as well as the bond issue or financing transaction for which the services were rendered. ➢ Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Kelley Stiffler Thomas PLLC for retention and utilization of sub - consultants. ➢ Reimbursable expense must be verified by attached receipts or copies thereof. ➢ Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. (mileage $0.29 per mile; breakfast $3.00; lunch $6.00; dinner $12.00). Meals and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. ➢ Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge. ➢ Car rentals required for travel should include compact or standard -size vehicles only. ➢ Common carrier travel shall be reimbursable at tourist or coach class fares only. The Risk Management Department and its Third Party Administrator requires original receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition the Certificate contained in Exhibit D must accompany each invoice. ➢ Faxes shall not be reimbursed ➢ Legal Research costs ( Lexis- Nexis, Westlaw, etc.) shall not be reimbursed. Page 15 of 16 Agenda Item No. 16E2 September 27, 2005 Page 36 of 36 Page 16 of 16 Agenda Item No. 16E3 September 27, 2005 Page 1 of 13 EXECUTIVE SUMMARY Report and ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled and /or closed by the Risk Management Director pursuant to Resolution # 2004 -15 for the third quarter of FY 05. OBJECTIVE: To receive approval from the Board of Commissioners for Property, Casualty, Workers' Compensation and Subrogation claims settled under the authority of the Risk Management Director during the third quarter of FY 05. CONSIDERATIONS: Resolution 04 -15 grants limited authority to the Risk Management Director to settle certain damages claims against Collier County and to authorize the payment of investigation and adjustment expenses as presented to the County's Risk Management Program. Authority is delegated as follows: Claim Type Delegated Authority Bodily Injury Liability- Premises, Auto, Operations Non - litigated claims less than $50,000 Non - litigated claims less than $75,000. Property Damage Liability Claims- (Note- A $75,000 limit is sought due to high Premises, Auto, Operations valued vehicles and the potential for multiple vehicle accidents.) Errors, Omissions, Professional Liability, Employment Practices Liability Non - litigated claims less than $50,000 Property Losses to County Owned Property Full authority Full authority subject to the provisions of F.S. Workers' Compensation 440 and subject to approval by the Judge of Compensation as needed Employer's Liability Non - litigated claims less than $50,000 Subrogation- Bodily Injury and Property Full authority to pursue non - litigated subrogation Damage recoveries. Subrogation- Workers' Compensation Full authority to pursue non - litigated subrogation recoveries. Pursuant to the Resolution, claims are settled and paid pursuant to the loss verification procedures contained in the Resolution which include the completion of claim forms, documentation of evidence, valuation, and the determination of a finding of liability where applicable. A listing of claims closed during the third quarter of FY 05 is attached. A valid public purpose is served through the delegation of settlement authority to the Risk Management Director to settle routine, administrative and minor claims matters in order Agenda item No. 16E3 September 27, 2005 Page 2 of 13 to promote the efficient use of resources; to promote the efficient administration of the program; and to allow for a timely response to claimants and /or their representatives. FISCAL IMPACT: Funds are budgeted and available in Fund 516- 121650- 645920 (Property and Casualty Self Insurance Fund) and 518 - 121630- 645928 (Work Comp Claims) for the payment of covered claims and settlements. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners accept the attached Settlement Report and ratify the actions taken therein. PREPARED BY: Jeff Walker CPCU, ARM, Risk Manager Director, Risk Management Department. Agenda Item No. 16E3 September 27, 2005 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E3 Item Summary: Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004 -15 for the third quarter of FY 05, Meeting Date: 9/27/2005 9:00:00 AM Prepared By Sheree Mediavilla Risk Manager Date Administrative Services Risk Management 9/12/2005 10:05:02 AM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 9/12/2005 11:33 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9112/2005 4:32 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 7:42 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1312005 1:53 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/17/2005 2:40 PM Agenda Item No. 16E3 September 27; 2005 Page 4 of 13 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 and correct copy of: Resolution 2004 -15 WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of January, 2004. DWIGHT E. BROCK Clerk of Courts.-"' . Ex- officio to:'! ' �ari3t;1 County CommisQ }Y R y By: Linda Houtt' Deputy Clerk'''�� DATE RECEIVED JAN 2 0 2004 RISK M"GEMENT Agenda Item No. 16E3 September 27; 2005 Page 5 of 13 RESOLUTION NO. 04 --15_ RESOLUTION GRANTING LIMITED AUTHORITY TO THE RISK MANAGEMENT DIRECTOR TO SETTLE CERTAIN DAMAGES CLAIMS AGAINST COLLIER COUNTY AND TO AUTHORIZE THE PAYMENT OF INVESTIGATION AND ADJUSTMENT EXPENSES AS PRESENTED TO THE COUNTY'S RISK MANAGEMENT PROGRAM. WHEREAS, Collier County Government, through the Risk Management Department, operates a risk management program as permitted pursuant to Florida Statutes 768.28 for the purpose of financing, preventing and controlling various types of losses and the claims resulting from same; and WHEREAS, the management of these losses and resultant claims may involve the coordination of Workers' Compensation, Property, Liability, Automobile, Aviation and other lines of insurance and /or self - insurance programs; and WHEREAS, the Board of Commissioners approves annually in public session the retention of various portions of these losses in the form of self- insured retentions, large deductibles or maintenance deductibles, by whatever name called, all of which involve the expenditure of public funds; and WHEREAS, the Board has approved the creation of various Self- insurance Funds as part of its budgeting process; and WHEREAS, the Risk Management Director is responsible for the day -to -day management of these Funds; and WHEREAS, it is the Board's intention to delegate to the Risk Management Director the authority to settle claims matters in order to promote the efficient use of resources; to promote the efficient administration of the program; and to allow for a timely response to claimants and/or their representatives; and WHEREAS, the Board finds that the limited delegation of settlement authority to the Risk Management Director serves a valid public purpose; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Risk Management Director, or his designee, shall have the authority to investigate and settle claims made against the County and presented to the Risk Management Program as follows: Definitions: Action (Cause of Action) - An Action shall mean a written complaint filed in a court of law of Florida, any other state, or the United States. Adjuster - An individual representing the County, an insurance carrier and/or the insured and acting on their behalf to determine the applicability of coverage; the amount of a loss; and the liability of the County. Claim- A demand for benefits as a result of damages made by a Claimant and/or their representative and as may be provided by a policy of insurance or self- insurance program. A Claim may include a written notice of demand and intent to sue as defined by Florida Statutes 768.28 and as required precedent to the filing of any Action. Damages- The amount required to pay for a loss. Deposition- A sworn statement of a witness or other parry in a judicial proceeding. Agenda Item No. 16E3 September 27; 2005 Page 6 of 13 Excess (Insurance) Carrier (Policy)- An insurance carrier, either on an admitted or non - admitted basis, who underwrites coverage on the basis of an excess of a self- insured retention. Employer's Liability- Coverage against common law liability of an employer for accidents to employees, as distinguished from liability imposed by a Workers' Compensation law. First Party- The Collier County Board of Commissioners, its Divisions, Departments, employees, Boards, Authorities and all other parties who derive their authority to operate from the Board of Commissioners. First Party shall also include participating Constitutional Agencies and their operations. Loss Adjustment Expenses - Expenses incurred to investigate and settle losses. Mediation- An informal means of trying to promote settlement of a dispute. It involves a third -party mediator who meets the parties to the dispute and tries to get them to agree on a settlement. Plaintiff - The term "Plaintiff' as used herein may refer to a party who has asserted a Claim, also sometimes referred to as a "Claimant ". Policy - The written contract effecting insurance, or the certificate thereof, by whatever name called, and including all clause, riders, endorsements, and papers attached thereto and made a part thereof. Property Loss- Loss to the insured's property by reason of a covered peril. Purchasing Policy- The Collier County Purchasing Policy as approved by the Board of Commissioners. Risk Management (Program) — The management of the pure risks to which a company might be subject. It involves analyzing all exposures to the possibility of loss and determining how to handle these exposures through such practices as avoiding the risk, retaining the risk, reducing the risk, or transferring the risk, usually by insurance. Self- insured Retention- That portion of damages and loss adjustment expenses related to an occurrence which are paid by the insured under an excess insurance policy. Settle /Settlement- Agreement to dispose of a Claim between an alleged injured party and an alleged party at fault, typically to include the payment of consideration, and including the execution of any associated settlement agreements. Subrogation - The right to recover from a third party the amount paid under an insurance policy or retained loss. Errors and Omissions- Coverage for liability resulting from errors or omissions in the performance of professional duties and includes the acts of public officials. Workers' Compensation (Act)- Chapter 440 of the Florida Statutes which establishes the Florida Workers' Compensation Act and includes a system of wage replacement benefits for and medical treatment of compensable work - related injuries and occupational diseases, as well as the Administrative Procedures governing the administration of the Act. Claims Against Collier Countv 1) Bodily Injury Liability Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of Plaintiff's attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. 2) Property Damage Liability Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $75,000 inclusive of Plaintiffs attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. 2 Agenda Item No. 16E3 September 27; 2005 Page 7 of 13 3) Errors and Omissions, Professional, Public Officials Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. All settlements shall be subject to the Loss Verification and Expense Procedures contained herein. Property Losses includina Automobile Physical Damage (First Party) The Risk Management Director shall have the authority to authorize the payment of property Claims to County owned property pursuant to the terms of coverage and subject to the Loss Verification and Expense Provisions contained herein. Workers' Compensation Claims 1) Workers' Compensation (exclusive of Employer's Liability)- Due to the administrative nature of Workers' Compensation Claims, the Risk Management Director shall have the authority to settle Claims issues, including petition for benefits issues, medical, indemnity, and impairment benefit issues including medical and indemnity washouts pursuant to Florida Statutes Chapter 440, subject to the final approval of the Judge of Compensation Claims, if applicable. 2) Employer's Liability- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of plaintiffs attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a formal Cause of Action has been filed shall require settlement approval by the Board of Commissioners. Subrogation 1) Bodily Injury and Property Damage Claims - The Risk Management Director shall have the authority to pursue rights of subrogation on the County's behalf for damages incurred by the County and may enter into agreement to settle such Claims unless a Cause of Action is required to enforce the County's subrogation rights. If a Cause of Action is required, approval by the Board of Commissioners shall be required to bring such Action and the Board of Commissioners must approve settlement. 2) Workers' Compensation Claims- The Risk Management Director shall have the authority to pursue liens and/or rights of subrogation on the County's behalf for expenses incurred by the County which are caused by a third parry. The Risk Management Director may approve an agreement to settle such liens or Claims unless a Cause of Action is required to enforce a matter. If a Cause of Action is required, approval by the Board of Commissioners shall be required to bring such Action and the Board of Commissioners must approve settlement. Loss Adlustment Expenses The Risk Management Director shall have the authority to authorize the payment of Loss Adjustment Expenses necessary to investigate and settle Claims brought against the County. Such expenses shall include but not be limited to the cost to retain experts, pay records expenses, pay filing fees and costs, pay the costs of 3 Agenda Item No. 16E3 September 27; 2005 Page 8 of 13 depositions, procure private investigation services, perform records reviews and searches, procure bill review services, procure appraisals, and procure other expenses necessary to investigate, authenticate, or evaluate a Claim made against the County. The Board of Commissioners waives the Collier County Purchasing Policy as to these expenditures but such shall be subject to the Loss Verification and Expense Provisions contained herein. Loss Adjustment Expenses shall not include the hiring or retaining of outside counsel to represent the Board or individual employees named in a Cause of Action. The hiring of outside counsel shall be subject to the approval of the Office of the County Attorney and the Board of Commissioners. Loss Verification and Expense Provisions The Risk Management Director shall document each Claim file with the following documents and records to support the settlement of Claims and/or the finding of negligence on the part of the Board of Commissioners to support the settlement of claims as permitted pursuant to this Resolution. 1) The completion of a Claim Form. 2) The completion of an investigation form including witness statements, collection of evidence, pictures, diagrams, etc. 3) The collection of necessary documentation to approximate the value of the loss. 4) A written recommendation by the Risk Management staff member or the contracted Adjuster performing the investigation as to the issue of liability, Claim valuation, economy and efficiency, and or other reasons for the recommendation to settle within recommended amounts. 5) A written recommendation by legal counsel, in the case of proposed liability claims settlements in excess of $25,000.00, outlining the parameters for settlement. 6) A Closed File report will be presented to the Board on a quarterly basis as a Consent Agenda item to apprise the Board of settlements approved during the preceding quarter. The approval of Loss Adjustment Expenses shall be subject to the following provisions: 1) The Risk Management Director may approve the purchase of specialty services procured from vendors utilized by the Adjusting Company for their clients and when performed on the County's behalf to evaluate a Claim. The Adjusting Company shall disclose the estimated cost to provide the service prior to approval. The Risk Management Director may evaluate the cost/benefit of using same when evaluating the decision to settle a Claim. 2) If a service, document or thing is available from a single source, the payment of fees shall be permitted if such service, document or thing is necessary to authenticate the Claim. The Risk Management Director may evaluate the cost/benefit of this expenditure when evaluating the decision to settle a Claim. 3) The Risk Management Director may approve Loss Adjustment Expenses when the expertise or availability in a given area of expertise or service is determined by the Adjuster and the Risk Management Director to be narrow or limited or the availability of such service is limited due to geography and such expense is determined to be necessary to authenticate and evaluate the Claim. The Risk Management Director may evaluate the cost/benefit of this expenditure when evaluating the decision to settle a Claim. 4 Agenda Item No. 16E3 September 27; 2005 Page 9 of 13 4) If the County has exceeded its Self- insured Retention or has exceeded the notification requirements for an Excess Carrier as to the Self- insured Retention for a given Claim, the Risk Management Director, through the Adjusting Company shall coordinate the approval of expenditures with the Excess Carrier so as not to jeopardize the repayment of Reinsurance Funds. 5) The purchase of outside legal counsel services shall require the approval of the Office of the County Attorney and the Board of Commissioners. Settlement Documents The Risk Management Director, through the County's adjusting company and the Office of the County Attorney, shall prepare settlement and release documents for use in the settlement of non - litigated matters. Such documents shall be executed by the Risk Management Director upon settlement of the Claim in question, pursuant to the provisions of this Resolution. A copy of the standard form settlement document in blank is attached as Exhibit 1 and is approved as part of this Resolution. Delegation of Authority The Risk Management Director may, at his/her discretion, delegate this authority in part or in full on a temporary basis to a member of his/her staff or on a temporary, limited basis to the County's contracted adjusting company in the event of availability, schedule conflict, or other conflict. Such delegation may include attendance at mediation, arbitration, and/or trial. However, all settlement and release documents must be executed by the Risk Management Director. This Resolution adopted after motion, second and majority vote, favoring same. DATE: i-I 3 - 2004 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTE D By: ,CHAIRMAN By;Pt; APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Michael W. 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W >ai U r Z r NQ= NC W a J Z ZQ W Kq�q A K W W 0! aQ J J J K r J ¢ J Z Z r U 2 w t w o O K o m a g Q '019"' F - D W 0 0 0 i Agenda Item No. 16E4 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to award RFP #05 -3747R "Indoor Air Quality Service" to Pure Air Control Services for Indoor Air Quality (IAQ) testing, cleaning and remediation services. OBJECTIVE: That the Board of Collier County Commissioners award RFP #05- 3747R, "Indoor Air Quality Service ", to Pure Air Control Services, for indoor air quality testing, remediation and cleaning services. CONSIDERATION: The Department of Facilities Management maintains over 660 separate facilities that require continual inspection, repair and maintenance. As a preventative maintenance measure, testing and cleaning of air - conditioning systems and ducts must be performed to maintain clean indoor air environments. These measures include testing and sampling of air - conditioning filters, obtaining dust samples, and cleaning air ducts and air - conditioning coils. In addition, when needed, lab evaluations of samples are conducted and reports are generated to determine indoor air quality levels in various work environments. On April 27, 2005, a formal request for proposals was posted in the lobby of the Purchasing Department and distributed to 27 vendors with 13 vendors requesting full packages. On July 28, 2005, proposals from two firms were received and reviewed. A Selection Committee, by consensus, selected Pure Air Control Services as the best qualified vendor to provide IAQ services to the County. FISCAL IMPACT: Indoor Air Quality Service expenses average $100,000 annually. Funds are budgeted within the Facilities Management operating budget. GROWTH MANAGEMENT: There is no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners award RFP #05 -3747R "Indoor Air Quality Service" to Pure Air Control Services and authorize the Chairman to sign the agreement after review and approval by the County Attorney's Office. PREPARED BY: Damon Gonzales, Facilities Management Department of Facilities Management Agenda Item No. 16E4 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E4 Item Summary: Recommendation to Award RFP #05 -3747R "Indoor Air Quality Service" to Pure Air Control Services for Indoor Air Quality (IAQ) testing, cleaning and remediation services. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Damon Gonzales Interim Facilities Manager Date Administrative Services Facilities Management 8/29/2005 4:04:47 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 8129/2005 4:12 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 8/30/2005 8:16 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 813012005 11:17 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 91212005 10:09 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9/1212005 4:34 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 7:36 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/13/2005 11:16 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/16/2005 10:11 AM nda Item No. EXECUTIVE SUMMARY A September 27, 2005 Page 1 of 5 Recommendation to approve the purchase of Property, Casualty, Automobile, Workers' Compensation and ancillary insurance and related services for FY 2006. OBJECTIVE: To approve the purchase of Property, Casualty, Automobile, Workers' Compensation and ancillary insurance and related services for FY 2006. CONSIDERATIONS: Pursuant to Florida Statutes 768.28 and 440, the County operates two risk management funds (Fund 516 and Fund 518) to finance its Property, Casualty and Workers' Compensation insurance programs. The program consists of retained losses; first dollar and excess insurance premiums; claims administration costs: brokerage and actuarial fees; and other ancillary costs necessary to administer the program. The various lines of insurance covered under these programs include Property; Builders Risk; General and Public Officials Liability; Crime and Employee Dishonesty; Automobile Liability; Automobile Physical Damage; Boiler and Machinery; Aircraft; Airport Liability; Flood; Pollution Liability; Contingent Law Enforcement; Medical Malpractice; Statutory Accidental Death; and Excess Workers' Compensation. Other coverage may be purchased if the need arises. Every three years an extensive bidding effort is performed to assure that the County's insurance program is both comprehensive and competitive. This extensive bidding effort occurred in August 2003 for the FY 04 renewal. Competitive quotes were sought from at least three carriers, where available. Currently, the Board of Commissioners purchases an All Lines Aggregate insurance program to provide the primary layer of excess insurance coverage for the General Liability and Public Officials Liability, Automobile Liability, Automobile Physical Damage, Crime, and Excess Workers' Compensation portions of the program. Additional excess coverage is purchased if higher limits are necessary. For every claim presented, the County retains the first $100,000 per claimant/$200,000 per occurrence except for Workers' Compensation which is $350,000 per claim. The retained portion of each loss applies toward an aggregate loss fund. Aggregate losses are capped in total for the year. Thus, total maximum program costs are predictable at the inception of the program while at the same m� time the County has the ability to hold loss funds and enjoy the cash flow advantages of interest earnings. Property Insurance is purchased through a layered program and includes limited Flood coverage. The property insurance deductible is $100,000 for all perils other than wind and hail. The wind and hail deductible is 2% of building values subject to a minimum of $250,000 and a maximum of $2,500,000. Additional Flood coverage is purchased on properties in flood zones and those in vulnerable areas to comply with the provisions of the Stafford Act. Separate individual policies are purchased for Boiler and Machinery, Aircraft, Airport Liability, Federal Flood, Pollution Liability, Contingent Law Enforcement and Statutory Accidental Death. Claims are administered through John Eastern Company as an approved claims administration company for the ALA program. The significant highlights of the FY 06 renewal are as follows. ❑ Brokerage and Claims Administration- Overall brokerage and claims administration costs decreased by $55,053 or 20 %. ❑ All Lines Aggregate Program- The ALA provides the primary General Liability, Auto Liability, Public Officials Liability and Workers' Compensation coverage layers. Overall premiums increased by 4% or $34,128, primarily due to higher ratable exposures. ❑ Property Insurance- Covered property values are $935,767,537, an increase of 7.8 %. Staff is recommending that limits of $350,000,000 be purchased. The total annual premium for this coverage is $3,536,684 which represents a real rate decrease of 9% and an aggregate premium decrease of $67,715. Staff also received a quote for an 18 month property insurance rate guarantee for an additional premium of $1,700,601. This guarantee will secure these rates and terms through March, 2007. This option provides two major advantages to the county. First, the renewal date will no longer occur during the hurricane season. Second, it assures favorable pricing, terms and availability for an additional six months as the property insurance market is expected to deteriorate. Staff recommends the purchase of the 18 month property insurance rate guarantee. ❑ Excess Workers' Compensation Insurance- Estimated ratable Workers' Compensation payroll increased by 5.2 %. However, the premium rate decreased by 11% and thus, gross annual premiums decreased by 6% or $22,237. Agenda Item No. 16E5 ❑ Excess Liability Insurance- Excess liability rates increased by 55% or $68,210 due`l00bm WtaVy Ja85 higher ratable exposures such as net operating budget. Page 2 of 5 ❑ Aviation Insurance- Hull and Liability insurance on the EMS Med flight helicopter decreased by 35% or $62,025. ❑ Other Lines- Premiums for all other coverage lines remained level or experience increases of less than the rate of inflation. ❑ Self Insured Retentions- Self insured retentions for other major lines of coverage other than property are $100,000 per person and $200,000 per occurrence with the exception of Workers' Compensation, which is $350,000 and Crime, which is $100,000. The estimated maximum aggregate amount of retained losses in the ALA totals $2,997,500. The property insurance deductible remains at $100,000 for all perils other than wind and hail. The wind and hail deductible is 2% of building values subject to a minimum of $250,000 and a maximum of $2,500,000. ❑ Coverage for Sovereign Immunity /Diminution of Value- Staff sought coverage for inverse condemnation /diminution of value claims and received a proposal to add defense coverage to the current program subject to a $200,000 flat retention per occurrence. Underwriters will not agree to afford coverage for actual damages sought and coverage for defense is subject to a finding of no negligence by the court. The additional premium for a $1,000,000 annual aggregate defense limit is $5,000. A complete renewal exhibit by line is attached as part of this recommendation. FISCAL IMPACT: A summary of fiscal impact is as follows: Category FY 05 FY 06 Difference Percentage FY 06 Cost w /18 Month _ Cost Cost Inc /Dec Property Ins. Guarantee Total Brokerage and $278,064 $223,011 ($55,053) -19.8% $223,011 Claims Administration Cost otal Aggregate Premiums _ $2 _3 0. 9 ,11. 9 ($17,,627) — .33.% ,077 ,435 Maximum $2,850,000 $147500 +518% $2,997 500 Losses - Total Maximum Costs $8,454 8 10 $8,529 630 $74 820 +,88% $10,297,946 Staff recommends the purchase of the 18 month property insurance rate guarantee for an additional premium of $1,700,601 which will require a budget amendment of $1,600,000 from Fund 516 insurance reserves. Sufficient funds are available within Fund 516 reserves for this purpose. These reserves will be replenished at the inception of the FY 07 budget year. Total maximum program costs for this option are $10,297,946 as compared to $8,529,630 for the 12 month program option. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approve the following: 1) Approve the purchase of the All Lines Aggregate Property & Casualty Insurance Program and additional excess insurance coverage as outlined in the executive summary to be effective October 1, 2005. 2) Approve the purchase of Aircraft, Airport Liability, Boiler & Machinery, Crime, Pollution Liability, Statutory Accidental Death, and Contingent Law Enforcement Liability coverage as outlined in the Executive Summary effective October 1, 2005. 3) Authorize the chairman to sign an amendment to the claims adjusting contract with Johns Eastern Company to reflect renewal rates and terms pursuant to the approval for legal sufficiency by the County Attorney. 4) Approve the rejection of Uninsured Motorist Insurance with the exception of scheduled take home vehicles, authorizing the Risk Management Director to execute the necessary rejection forms. 5) Approve the purchase of the 18 month property insurance rate guarantee and authorize staff to prepare a budget amendment to Fund 516, Property Casualty Insurance in the amount of $1,600,000 to fund this purchase. 6) Approve the rejection of a Terrorism Endorsement to the Property insurance policy, authorizing the Risk Management Director to execute any necessary forms. 7) Authorize the Risk Management Director to complete those applications or other documents necessary to bind coverage and services effective October 1, 2005. Agenda Item No. 16E5 September 27, 2005 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E5 Item Summary: Recommendation to approve the purchase of Property, Casualty, Automobile, Workers Compensation and ancillary insurance and related services for FY 2006. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Jeffrey A. Walker, CPCU, Risk Management Director Date ARM Administrative Services Risk Management 9/12/2005 3:05:40 PM Approved By Jeffrey A. Walker, CPCU, Risk Management Director Date ARM Administrative Services Risk Management 9/1212005 4:49 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 911212005 5:05 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1312005 7:43 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/13/2005 1:55 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1712005 2:10 PM Agenda Item No. 16E5 September 27, 2005 FY 06 Property and Casualty Renewal Summary Page 4 of 5 Policy Type FY 05 Projected FY06 FY 06 Carrier(s) PremiumNalues /Limits PremiumNalues /Limits Deductibles /Retentions All Lines Aggregate Prom: $673,676 $707,804 $100,000 per Princeton Limits Purchased: $1,000,000 Property $1,000,000 Property person /$200,000 per Excess and $1,000,000 General Liability $1,000,000 General Liability occurrence for General Surplus $1,000,000 Public Officials $1,000,000 Public Officials Liability, Automobile Liability $600,000 Workers' Comp $600,000 Workers' Comp and Public Officials Liability; $1,000,000 Crime $1,000,000 Crime $350,000 for Work Comp; $1,000,000 Aggregate $1,000,000 Aggregate $100,000 for Crime Excess Liability Prom: $123,974 $192,184 $1,000,000 General Liability Princeton Limits Purchased: $1,000,000 General Liability $1,000,000 General Liability $1,000,000 Public Officials Excess and $1,000,000 Public Officials $1,000,000 Public Officials Surplus Excess Property Prom: $3,604,399 $5,305,000 (18 month term) $250,000 All Other Perils Various Insurable Values: $867,647,623 $935,767,537 $2 %/$250,000 Minimum Carriers - Limits Purchased: $250,000,000 $350,000,000 Named Storm Layered Rate per $1000: .4154 .3779 $500,000 Building Flood Structure Written with 9 Layers Written with 7 Layers $500,000 Contents Flood Flood Insurance Prem: $147,000 $147,000 $500 to $2,000 per National Flood Limits Purchased: Actual Cash Value or Actual Cash Value or Maximum occurrence Insurance Maximum Available Available Program Excess Crime (Employee $11,106 $14,500 $1,000,000 per occurrence St. Paul/ Dishonesty) Prom: Travelers Limits Purchased: $5,000,000 occurrence $5,000,000 occurrence Excess Workers' Comp Prom: $368,298 $346,061 $600,000 per claim Midwest Limits Purchased: $25,000,000 $25,000,000 Employers Reported Payrolls: $85,849,652 $90,331,274 Rate per $100 Payroll: .4290 .3831 Boiler & Machinery Prom: $31,111 $33,211 $25,000 per occurrence Hartford Limits Purchased: $25,000,000 occurrence $25,000,000 occurrence Steam Boiler Statutory Accidental Death $21,985 $21,985 None Hartford Prom: Insurance Builder's Risk Prom: $25,000 minimum and $50,000 minimum and deposit Wind /Hail- 2 %, $100,000 Landmark Limits Purchased deposit $35,000,000 per location; Minimum American $25,000,000 per location; $100,000,000 per occurrence Flood- $500,000 $75,000,000 per occurrence Pollution Liability Prom: $93,482 $95,000 $100,000 per occurrence Indian Harbor Limits Purchased: $2,000,000 occurrence $2,000,000 occurrence $4,000,000 aggregate $4,000,000 aggregate Aircraft Insurance $179,575 $117,550 $1,000 rotors not in motion Global (Helicopter) Prom: $3,500,000 Hull Value $3,500,000 Hull Value $87,500 rotors in motion Aerospace Limits Purchased: $10,000,000 Liability $10,000,000 Liability $500,000 Admitted Liab /Seat; $500,000 Admitted Liab /Seat; $3,000,000 Total $3,000.000 Total Aircraft Insurance (Cessna) $3,640 $3,640 $50 not in motion /$250 in Phoenix Prom: $80,000 Hull Value $80,000 Hull Value motion Aviation Limits Purchased: $2,000,000 Liability $2,000,000 Liability Managers $100,000 Admitted Liab /Seat; $100,000 Admitted Liab /Seat; $400,000 Total $400,000 Total Airport Liability Prom: $18,500 $18,500 None Phoenix Limits Purchased: $1,000,000 Premises Liab. $1,000,000 Premises Liab. Aviation $1,000,000 Han ar keepers $1,000,000 Hangar keepers Managers Contingent Law Prom: $25,000 $25,000 $25,000 per occurrence Florida Limits Purchased: $3,100,000 occurrence $3,100,000 occurrence Sheriffs Fund $3,300,000 aggregate $3,300,000 aggregate Total Fixed Premium Costs $5,326,746 $7,077,435 (includes 18 month _property insurance term Claims Adjusting Fee: $173,070 $118,017 NA Johns Eastern Claims Processed: 450 claims 300 Claims Brokerage Flat Fee (in lieu of $104,994 $104,994 NA IRMS commissions Total Brokerage and Claims $278,064 $223,011 NA NA Administration Cost Total Fixed Premiums and $5,604,810 $7,300,446 Administration Costs Maximum Aggregate Losses $2,850,000 $2,997,500 Total Maximum Costs $8,454,810 $10,297,946 Agenda Item No. 16E5 September 27, 2005 Page 5 of 5 Agenda item No. 16E6 September 27, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve an Agreement for the conveyance of GAC Trust Reserved Land to the Collier County Parks & Recreation Department, at a cost not to exceed $20. OBJECTIVE: To approve and execute an Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust (Trustee), and Collier County, a political subdivision of the State of Florida for and on behalf of the Parks & Recreation Department (County), which provides for the conveyance of a portion of Tract "A," Unit 22, Golden Gate Estates, consisting of 47.18+ acres (Land). The Land is located on Immokalee Road just north of its intersection with Randall Blvd. CONSIDERATIONS: On November 15, 1983, Avatar Properties Inc., and Collier County entered into an Agreement (1983 Agreement) that dedicated 1,061.5 acres of property in Golden Gate Estates to the County. The dedication came with the stipulation that the land itself or money derived from the sale of the land would be used by the Board for purposes directly beneficial to the residents of Golden Gate Estates, i.e., fire and police protection facilities and services, public schools, libraries, and recreational facilities. The 1983 Agreement also provided that all capital improvements must be physically located within the geographical boundaries of Golden Gate Estates. The Land, being a portion of the dedicated property, had been set aside on the Trustee Reserved List for Parks & Recreation's use as a park for the residents of Golden Gate Estates. However, because of its location, it is not as attractive as a full use community park with sports activities, but more so as a passive park. A terrific opportunity exists whereby approximately one -half of the Land can be exchanged with the School Board for 25 acres it owns east of the Orange Tree Development and south of a 90 -acre lake that will be dedicated to the County as part of the Orange Blossom Ranch PUD. These 25 acres combined with the lake and additional land to be acquired from the Water /Sewer District's (District) Northeast Water Treatment Plant and Water Reclamation Facility will provide a full- service park with sports and various water - related activities. In lieu of payment to the District, Parks & Recreation will exchange the balance of the Land to the District which would then sell that balance of the Land to the Collier County Transportation Department for proposed use as a road, bridge, and vehicle maintenance facility. The School Board proposes to use its portion of the Land as a bus barn and maintenance facility. On May 23, 2005, the Golden Gate Estates Land Trust Committee (Committee) unanimously recommended that Trustee approve removing the Land from the Reserved List and authorize its conveyance to the County. In addition, the Committee recommended that the conveyance be made free of compensation, that the County have the ability to exchange the Land for assembling other suitable properties within the Orange Tree area for a park facility, that the Land be developed in a design aesthetically suitable to the immediate surrounding area, and that the Committee has final review and approval of all development plans. The Land will revert back to the Trustee should its use fail to be in compliance with these restrictions. Agenda Item No. 16E6 September 27, 2005 Page 2 of 6 The attached Agreement has been reviewed and approved by the County Attorney's Office and a Reverter Discharge & Release has been received from Avatar Properties Inc., acknowledging the conveyance of Land. FISCAL IMPACT: Recording costs not to exceed Twenty Dollars ($20.00) will be paid from the appropriate 605 Operating Fund. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan, RECOMMENDATION: That the Board of County Commissioners, Acting as Trustee, approve and authorize Chairman Coyle to execute the attached Agreement; authorize Chairman Coyle to execute the Statutory Deed once it is approved by the County Attorney's Office; and authorize recording of the Statutory Deed in the Public Records of Collier County, Florida; and Acting as County, accept the Statutory Deed; approve the Agreement; and authorize Chairman Coyle to execute the Agreement. PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales, Real Estate Services / Facilities Management Department Agenda item No. 16E6 September 27, 2005 Page 3 of 6 COLLIER COUNTY .. BOARD OF COUNTY COMMISSIONERS Item Number: 16E6 Item Summary: Recommendation to approve an Agreement for the conveyance of GAC Trust Reserved Land to the Collier County Parks & Recreation Department, at a cost not to exceed $20. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 9/13/2005 11:19:59 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 9/1312005 1:47 PM Approved By Charles E. Carrington, Jr., SR /WA Real Estate Services Manager Date Administrative Services Facilities Management 9/13/2005 2:23 PM Approved By Marla Ramsey Public Services Administrator Date _.. Public Services Public Services Admin. 9/13/2005 4:16 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9/13/2005 5:03 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2005 8:15 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/15/2005 8:41 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1512005 3:43 PM Agenda Item No. 16E6 September 27, 2005 Page 4 of 6 AGREEMENT THIS AGREEMENT made this day of 2005 between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST (hereinafter referred to as the "Trustee') whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR AND ON BEHALF OF THE PARKS AND RECREATION DEPARTMENT OF COLLIER COUNTY, (hereinafter referred to as the "County") whose mailing address is 3300 Santa Barbara Boulevard, Naples, Florida 34116. WHEREAS, Trustee has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc. f/k/a/ GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the 1983 Agreement "); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the Trustee and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates "; and WHEREAS, the Trustee currently has lands set aside on a Reserved List in anticipation of greater future marketability potential or for future government needs; and WHEREAS, the Trustee has determined that the removal and conveyance of one (1) parcel from the Reserved List to the County is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by enabling the Parks & Recreation Department to provide a Park, which will provide added recreational services to the residents of the Golden Gate Estates area; and WHEREAS, Avatar Properties Inc. has provided a "Reverter Discharge & Release ", dated � approving the conveyance of one (1) parcel from the Reserved List to the County. NOW THEREFORE, in consideration of the above premises which are incorporated herein and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. Trustee hereby agrees to convey to the County, via Statutory Deed and for no monetary compensation, All of Tract A, Golden Gate Estates, Unit 22, to be utilized by the County for purposes hereinafter stated, (hereinafter referred to as the "Lands "), in accordance with the terms and conditions of this Agreement, provided said Lands are to be used solely for the purpose of providing a Park in Golden Gate Estates. 2. The Country agrees and warrants that the Lands shall be utilized solely by the County for the primary purpose of providing a Park in Golden Gate Estates and/or the Trustee agrees to, and acknowledges for, the County to use the conveyed Lands in a way deemed appropriate for exchanging these Lands for other like property or properties that, by the exchange of land, will allow the Parks & Recreation Department to assemble other properties that may be better suited and physically located for the development of a park facility within the Orange Tree area, (hereinafter referred to as "Assembled Property"). If exchanged, a portion of the Lands may be used as a road and bridge maintenance facility. 3. The Trustee requires, and the County agrees, that whomever acquires the property by the Parks & Recreation exchange of said Lands, that party, or parties, will be required to submit all plans to the Golden Gate Estates Land Trust Committee (hereinafter referred to as the "Committee ") on behalf of the Trustee for approval of the proposed development of the Lands so that Committee may ensure that the proposed development is complementary and esthetically pleasing to the immediate surrounding Orange Tree community. This provision will be recited in the Statutory Deed from County to the subsequent owner(s). 4. In the event that the Lands cease to be utilized by the County as described in Paragraph 2, or if the Lands cease to be used in accordance with the aforementioned restrictions and limitations, said Lands shall automatically revert back to the Trustee unless the Committee approves the release of the reverter on the Lands if the lands are transferred to a subsequent owner(s) as part of an exchange described in Paragraph 2. If the reverter ceases to exist on the Lands then the Assembled Property shall be utilized solely for a Park in Golden Gate Estates and if it ceases to be used for a Park, it shall automatically revert to Trustee. Agenda Item No, 16E6 September 27, 2005 Page 5 of 6 5. This Agreement is governed and construed in accordance with the laws of the State of Florida. 6. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE COUNTY: Collier County c/o Parks & Recreation Department 330 Santa Barbara Boulevard Naples, Florida 34116 IF TO THE TRUSTEE: Collier County c% Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 7. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. IN WITNESS WHEREOF, County and Trustee have caused this Agreement to be duly executed on the day and year first above written. AS TO TRUSTEE: COLLIER COUNTY, A POLITICAL SUBDIVISION DATED: OF THE STATE OF FLORIDA, BY ITS BOARD ATTEST: OF COUNTY COMMISSIONERS, ACTING IN DWIGHT E. BROCK, Clerk THEIR CAPACITY AS TRUTEE FO THE GAC LAND TRUST FRED W. COYLE, Chairman AS TO TRUSTEE: COLLIER COUNTY, A POLITICAL SUBDIVISION DATED: OF THE STATE OF FLORIDA, FOR AND ON ATTEST: BEHALF OF THE PARKS & RECREATION DWIGHT E. BROCK, Clerk DEPARTMENT OF COLLIER COUNTY By: FRED W. COYLE, Chairman Approved as to form and lega sufficien y: eidi K Ashton Assistant County Attorney Agenda Item No. 16E6 September 27, 2005 Page 6 of 6 REVERTER DISCHARGE & RELEASE KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc., a Florida corporation, f/k/a GAG Properties Inc., first party, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, or other valuable considerations, received from or on behalf of Collier County, a political subdivision of the State of Florida, second parry, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include all the parties to this instrument and their respective successors and assigns.) HEREBY remises, releases, acquits, satisfies, and forever discharges the (1) the restrictions on the use of proceeds under Paragraph 5; (2) the first parties reverter right under Paragraph 5; (3) the first party's right of first refusal contained in Paragraph 8; and (4) the appraisal requirements contained in Paragraph 7, all part of the Agreement dated November 15, 1983, as amended, between Avatar Properties Inc., f/k/a GAG Properties Inc., and Collier County, a political subdivision of the State of Florida, as recorded in Official Records Book 1340 at Page 0270 in the Public Records of Collier County, Florida, for the lands described as follows (the "Lands"): All of Tract "A ", Golden Gate Estates, Unit No. 22, according to the plat thereof, as recorded in Plat Book 7, at Pages 83 and 84 of the Public Records of Collier County, Florida. First Parry acknowledges that a portion of the Lands may be used as a road and bridge maintenance facility. IMI IN WITNESS WHEREOF, I have hereunto set my hand and seal this _ QN day of A AA a S+ , A.D., 2005. Signed, sealed and delivered STATE OF FLORIDA: COUNTY OF DADE: AVATAR PROPERTIES INC., a Florida Corporation BY: Dennis J. GetrMn Executive Vice President Avatar Properties Inc. 201 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) The foregoing Reverter Discharge & Release was acknowledged before me this day of , 2005, by Dennis J. Getman, Executive Vice President of Avatar Properties Ind., a Florida corporation, on behalf of the corporation. He is personally known to me or who has produced as identification. Ai7,'1r V as to fxev "" ie ^y3j Asslstan county Attvriej � ""!• p�v.rtoou t re of Not ry public /l V. � d 1' * rnco►ssssan +oo2 2s * ;R 1 g;p*W8,2W (Print Name of Notary) ' +rE; r W"J%6W AM5 "1" NOTARY PUBLIC Serial/Commission #: - 5(Pg2S My Commission Expires: Ai7,'1r V as to fxev "" ie ^y3j Asslstan county Attvriej Agenda Item No. 16E7 September 27, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a First Amendment to License Agreement with St. Matthew's House, Inc., for the continued use of parking spaces at the Government Center, at a term revenue of $50. OBJECTIVE: Approval of a First Amendment to License Agreement between Collier County (County) and St. Matthew's House, Inc. (Licensee), for the continued use of parking spaces so that their food program may continue to operate without being in violation of County Code concerning required parking. CONSIDERATION: Since 1989, the Licensee, a tax exempt charitable trust, has utilized twenty (20) parking spaces located in the north parking lot at the Government Complex after normal business hours. The utilization of these parking spaces is essential in order for the Licensee's food program to operate without violating County Code for required parking. Though the spaces are licensed to the Licensee, only a few are actually used during the food program's hours of operation. The program begins at five o'clock each evening and ends approximately seven o'clock p.m. The attached Amendment provides for an extended five (5) year term operating under the terms of the License Agreement currently in effect, dated August 2, 2000. No other terms contained within the existing License Agreement have been altered by this Amendment. FISCAL IMPACT: The total revenue for the first five years is Fifty Dollars and will be deposited into General Fund (001). GROWTH MANAGEMENT: There is no impact on the County's long -range planning effort. RECOMMENDATION: That the Board of County Commissioners approve the attached First Amendment to License Agreement and authorize its Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist Real Estate Services, Department of Facilities Management Agenda Item No. 16E7 September 27, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E7 Item Summary: Recommendation to approve a First Amendment to License Agreement with St. Matthews House, Inc., for the continued use of parking spaces at the Government Center, at a term revenue of $50. Meeting Date: 9127/2005 9:00:00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 9/12/2005 4:31:48 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 911312005 1:45 PM Approved By Charles E. Carrington, Jr., Real Estate Services Manager Date SRfWA Administrative Services Facilities Management 9/13/2005 2:25 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9/13/2005 5:04 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9115/2005 7:51 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1512005 8:43 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911512005 4:50 PM Commissioners Agenda Item No. 16E7 Septemb�r 2�7, 31 FIRST AMENDMENT TO LICENSE AGREEMENT THIS FIRST AMENDMENT TO LICENSE AGREEMENT entered into this day of , 2005 at Naples, Collier County, Florida by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR," and St. Matthew's House, Inc., a Florida not- for - profit corporation, formerly known as Task Force for the Homeless, a tax exempt charitable Trust, hereinafter referred to as and "LESSEE." WITNESSETH WHEREAS, Collier County and St. Matthew's House, Inc. have previously entered into a License Agreement dated August 1, 2000; WHEREAS, the LESSOR and LESSEE are desirous of amending the License Agreement; NOW THEREFORE, in consideration of the covenants and agreements provided within said License Agreement dated August 1, 2000, and Ten Dollars ($10.00) and other valuable consideration, said License Agreement is hereby amended as follows: The following provision shall be added to Article 2 of the License Agreement: This License is hereby extended until September 28, 2010, hereinafter referred to as "Extended License Term." 2. Except as expressly provided herein, the License Agreement between Collier County, a political subdivision of the State of Florida, and Saint Matthew's House, Inc. for the utilization of the Demised Premises described in said License Agreement dated August 1, 2000, 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. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to License Agreement the day and year first above written. AS TO THE LESSEE: ST. MATTHEW'S HOUSE, INC., Florida not - for - profit DATED: corporation Witness (Signature) (Print Name) Witness (Signature) (Print Name) AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk Approved as to form and legal sufficiency: —J— P Thomas C. Palmer, Assistant County Attorney BY: VANN R. ELLISON, Executive Director BOARD OF COUNTY COMI USSIONERS, COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman Agenda Item No. 16E8 September 27, 2005 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the attached Lease Agreement for office space on South Horseshoe Drive and associated expenses, including rental, common area maintenance, renovations, and relocation of Health, EMS and IT Departments' offices, at a first year's cost not to exceed $396,000. OBJECTIVE: Provide additional office space for the Health Department and Community Development and Environmental Services Division (CDES). CONSIDERATION: The Health Department currently occupies 2,212 square feet of office space within Community Development & Environmental Services Division's building on South Horseshoe Drive. CDES requires this space for expansion of its Building and Environmental Services departments. The Health Department is already using all of its allotted space in Building "H" on the government complex, and requires additional space for future growth. In this regard, the Facilities Management Department is proposing the following: • Lease a 9,569 square foot single -story building located at 2705 South Horseshoe Drive. Move the EMS Department and IT Department, occupying 6,700 and 2,012 square feet respectively, from Building "H" to the leased space. (Once the EOC is constructed, EMS will be relocated to that facility upon its completion. There is no final destination for the IT Department's relocation at this time.) Relocate all of the Health Department's operations from CDES into a portion of the space vacated by EMS and IT Departments. The remaining 6,500 square feet will allow Health Department offices currently located within building "H" to expand from cramped quarters and provide for future growth. The Lease is for three years with the County having the option to purchase the building after the third year. The first year's annual rent will be $126,789 and will increase annually thereafter by four percent. The Common Area Maintenance (CAM) for the first year will be $38,276 and will increase annually by an amount equal to the actual increase in operating expenses for the property. The County will be responsible for payment of electrical and telephone service. The landlord is responsible for all other utilities and services, such as the repair and replacement of the air- conditioning system, electrical and plumbing systems, landscaping, and maintenance of the building exterior and parking area. The purchase price is fixed at $2,372,864 for the first option to renew after the second year. If the County should elect to remain in the leased space for the third year as provided in the Lease, and then exercise its option to renew after the third year, the purchase price has been established at $2,538,964. These prices are in line with market prices for comparable property and will allow the County to purchase the building at today's value rather than 2008 prices. The costs associated with these moves, including phones and data lines, signage, carpeting replacement, and some minor construction, are estimated at $227,000. Improvements to the Agenda Item No. 16E8 September 27, 2005 Page 2 of 8 Development Services Building will be addressed once a space planner has programmed the area (CDES Permitting Funds — Fund 1.13). The attached Lease Agreement has been reviewed and approved by the Office of the County Attorney for content and legal sufficiency. FISCAL IMPACT: The total first year costs for the Lease, CAM, renovations, and office moves will be approximately $396,000 and will be paid from a portion of funding previously approved for renovations within the Health Department, (Fund 301 - 110434- 763100). GROWTH MANAGEMENT: There is no impact on the County's long -range planning effort. RECOMMENDATION: That the Board of County Commissioners approve the attached Lease Agreement; authorize Chairman Coyle to execute the Lease Agreement; and authorize the expenditures associated with the renovations and Department moves. PREPARED BY: Michael Dowling, Property Management Specialist Real Estate Services, Department of Facilities Management Agenda Item No. 16E8 September 27, 2005 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E8 Item Summary: Recommendation to approve the attached Lease Agreement for office space on South Horseshoe Drive and associated expenses, including rental, common area maintenance, renovations, and relocation of Health, EMS and IT Departments offices, at a first years cost not to exceed $396,000. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 8/25/2005 1 :36:30 PM Approved By Charles E. Carrington, Jr., Real Estate Services Manager Date SR /WA Administrative Services Facilities Management 9119/2005 2:46 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 912012005 11:06 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9/2112005 12:48 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 912112005 1:13 PM Commissioners Agenda Item No. 16E8 September 27, 2005 Lease #� n�� Q LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of , 2005, between Horseshoe Development, L.C., c/o Pelconcepts, Inc., whose mailing address is 650 15' Avenue South, Naples, Florida 34102, hereinafter referred to as "LESSOR ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE ". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as 2705 Horseshoe Square, Naples Florida, containing 9,568 square feet, hereinafter referred to as the "Demised Premises," for the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on September 15, 2005 and ending September 14, 2007, hereinafter referred to as the "Initial Term ". If LESSEE exercises its option to renew this Lease, as provided for within this Article 2, LESSEE shall be granted a three -month renewal term following the Initial Term at a rent to be the same as of the second year's rent. LESSOR agrees to waive payment of rent for the first month of the Initial Term which is granted by LESSOR to assist LESSEE in making improvements and its move into the Demised Premises. Rent shall commence on October 15, 2005. LESSEE reserves the right to terminate this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 12 of this Lease. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Following the Initial Term, LESSEE is granted the option to purchase the Demised Premises for and in consideration of the sum of Two Million Three Hundred Seventy -two Thousand Eight Hundred Sixty —four Dollars and No Cents ($2,372,864.00). LESSOR grants to LESSEE the exclusive right and option to purchase the Demised Premises following the Initial Term on the following terms and conditions: Said option shall be exercisable only following the Initial Term. The purchase shall conclude no later than one hundred twenty days from September 14, 2007. LESSEE shall provide LESSOR with at least sixty day written notice of its intent to exercise the Purchase option prior to the expiration of the Initial Term. No part of the rent paid during the Initial Term, or any extension thereto, shall be credited against said purchase price. On the exercise of said option, the parties shall enter into a contract containing the custom provisions for a sale of real estate in the County of Collier, State of Florida, in which, it is known by the LESSOR that LESSEE is a governmental entity, which will be required to follow certain Statutory regulations for purchasing the Demised Premises. The parties agree that no broker participated in the negotiations of the Lease or for the said purchase option, and that no brokerage commission shall be paid in case of a sale pursuant to said purchase option. If LESSEE should not exercise its option to purchase the Demised Premises following the Initial Lease Term, LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew this Lease for one (1) additional year following the Initial Lease Term (hereinafter referred to a Renewal Term), under the terms and conditions as provided herein, by providing LESSOR with sixty day written notice of its intention to renew this Lease. The annual rent shall be increased pursuant to the terms in Article 4 of this Lease. mw If LESSEE should elect not to exercise its option to purchase the Demised Premises following the Initial Lease term, LESSEE shall have the right to do so following the Renewal Term following the same conditions as stated above for the first option to purchase with a closing date to be September 14, 2008 at a price of Two Million Five Hundred Thirty -eight Thousand Nine Hundred Sixty —four Dollars and No Cents $2,538,964, and rent for that renewal period shall continue in the amount being paid for the current renewal term. Aaenda Item No. 16E8 vSeptember 27, 2005 Page 5 of 8 ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Hundred Twenty -six Thousand Seven Hundred Seventy Six Dollars ($126,776.00) per annum in equal monthly installments of Ten Thousand Five Hundred Sixty -four Dollars and Sixty -seven Cents ($10,564.67) each. LESSOR acknowledges that LESSEE shall not provide LESSOR with any security deposit. All rental payments shall be due payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1 /30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent Following the first full year of tenancy, the annual rental amount shall increase by four (4) percent for each ensuing year thereafter and any renewal terms thereof. ARTICLE 5. Other Expenses and Charges In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ( "CAM ") to be paid monthly in the amount of Three Thousand One Hundred Eighty -nine Dollars and Thirty -three Cents ($3,189.33) for the first year of the Lease term. This amount shall include, but is not limited to, real estate taxes, management fees (4 %), insurance, outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. It is agreed by both parties that CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall provide LESSEE with written notice of same thirty (30) days after the anniversary date of this Lease of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed accounting of all CAM expenses. LESSEE shall be responsible for the payment of all janitorial services and utility charges pertaining to the Demised Premises including, but not limited to, charges for electricity, light, heat, air condition, power and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. LESSOR shall be responsible for all costs associated with the operation and maintenance of the electrical and lighting systems, plumbing system, pest control and air conditioning system and air conditioning filters at the Demised Premises. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. Agenda Item No. 16E8 September 27, 2005 All alterations, improvements, and additions to said Demised Premises shall at once, wiwjtslada or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises to any entity other than a County agency, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. The LESSOR reserves the right to assign this Lease subject to the term of the Lease. ARTICLE 9. Insurance The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00 /100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to LESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. ARTICLE 10. Claims Arising from LESSEE'S Use of Premises To the extent permitted in Florida Statute, 768.28, LESSEE shall indemnify and hold LESSOR harmless against and from any and all claims arising from LESSEE'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR harmless against and from any and all claims arising from any act or negligence of LESSEE, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or about the Demised Premises. LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising from LESSOR'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSOR shall further indemnify and hold LESSEE harmless against and from any and all claims arising from any act or negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSEE by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE. Agenda Item No. 16E8 September 27, 2005 Page 7 of 8 ARTICLE 11. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 12. Default by Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at LESSOR'S option, terminate this Lease after Sixty (60) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). Subject to LESSEE'S good faith effort to correct such default. ARTICLE 13. Default by Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: LESSOR: Board of County Commissioners Horseshoe Square Development, L.C. c/o Real Property Mgmt. Dept. c/o Pelconcepts, Inc. 3301 Tamiami Trail East 650 15th Avenue South Administration Building Naples, Florida 34102 Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. Agenda Item No. 16E8 September 27, 2005 Page 8 of 8 ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk ` BY: Deputy Clerk AS TO THE LESSOR: DATED: ATTEST: , Secretary BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman HORSESHOE SQUARE DEVELOPMENT, L.C. By: Pelconcepts, Inc., its managing member BY: W.VINCE PELC, President Approved as to form and legal sufficiency: --"(a Thomas C. Palmer, Assistant County Attorney 19 Agenda Item No. 16F1 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommend approval of First Amendment to Contract No. 03 -3537 with Paradise Advertising and Marketing, Inc. for an increase in the monthly fee to $25,000.00 per month or $300,000.00 annually to cover all professional time, media and production up to $2,000,000.00 annually. OBJECTIVE: Board of County Commissioners to approve First Amendment to Contract # 03- 3537 with Paradise Advertising and Marketing, Inc. for an increase in their monthly fee to $25,000.00 per month, or $300,000.00 annually as consideration for all professional time devoted to all media research and buying and production cost up to $2,000,000.00 annually. CONSIDERATIONS: The Board of County Commissioners approved a change to County Ordinance No. 92 -60 (Tourist Development Tax) to increase the tax by 1 % to be used exclusively for Marketing, Advertising, Promotion, Research and Public Relations on July 26, 2005, effective October 1, 2005. The Executive Summary included a media and production plan on how the additional funds would be spent by Paradise Advertising, our contractor of record for marketing services. The current Paradise Advertising contract annual fee of $120,000 was based on the previous ordinance with $700,000 available for marketing and advertising expenditures. The new fee will increase to $300,000 based on a $2,000,000.00 advertising and marketing budget as approved by the Board of County Commissioners ADVISORY COMMITTEE RECOMMENDATIONS: The TDC recommended (7 -0) the tourist tax increase of I% which included the marketing plan of up to $2 million in advertising and marketing expenditures. FISCAL IMPACT: The funds will be provided from the additional 1% of Tourist Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: For the Board of County Commissioners to approve First Amendment to Contract #03 -3537 with Paradise Advertising and Marketing, Inc. with a monthly fee of $25,000.00 per month or $300,000.00 annually as consideration for all professional time devoted to all media and production cost up to $2,000,000.00 annually, and authorize the Chairman to execute Amendment #1 after review for legal sufficiency by County Attorney. PREPARED BY: Gail Hambrigbt Agenda Item No. 16F1 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F1 Item Summary: Recommend approval of First Amendment to Contract No. 03 -3537 with Paradise Advertising and Marketing. Inc. for an increase in the monthly fee to $25.000.00 per month or $300,000.00 annually to cover all professional time, media and production up to 52,000,000.00 annually. Meeting Date: 9/27/2005 9:00:00 AM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 9/14/2005 10:14 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 911512005 3:57 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/16/2005 8:45 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/16/2005 11:56 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/16/2005 5:04 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/16/2005 7:58 PM Commissioners Agenda Item No. 16F1 September 27, 2005 Page 3 of 4 Contract Amendment #1 to Contract # 03 -3537 "Tourism Development Council Marketing Services" This amendment, dated , 2005 to the referenced agreement shall be by and between the parties to the original Agreement, Paradise Advertising and Marketing, Inc. (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding Replace the language in paragraph one of Section 4, The Contract Sum, with the following language: The County agrees to pay the Contractor a fee of twenty five thousand dollars and 00 /000 cents ($25,000.00) per month based upon a total annual fee of three hundred thousand dollars and 00 /000 cents ($300,000.00) as consideration for all professional time devoted to account administration, strategic planning, media planning, media negotiation, media placement, traffic and billing. All media and production costs up to two milllion dollars and 00 /000 cents ($2,000,000.00) annually will be billed to the County at net, so that the County receives any available agency discount. Media or production billing over two million dollars and 00 /000 cents ($2,000,000.00) annually will have prior written County approval and will be billed at gross, reflecting a contractor commision of 15 %. Barter media will be billed at 15% of the cost of the bartered time. The Contractor Fee will be billed on the first day of each month beginning October, 2005, with a pro -rated amount back to the executed date of the contract. All other terms 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. ATTEST: Corporate Secretary/Witness By: _ Dated: CONSULTANT Paradise Advertising and Marketing, Inc. By: Title: Dated: Pagel of 2 ATTEST: Dwight E. Brock, Clerk Approved as to form and Legal sufficiency: Robert N. Zachary Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WE Fred W. Coyle, Chairman Page 2 of 2 Agenda Item No. 16F1 September 27, 2005 Page 4 of 4 Agenda Item No. 16172 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve First Amendment to the 2004/2005 Tourism Agreement Between Collier County and the Conservancy of Southwest Florida, Inc. OBJECTIVE: To approve First Amendment to the 2004 Tourism Agreement between Collier County and The Conservancy of Southwest Florida, Inc. extending Agreement to September 30, 2006. CONSIDERATIONS: On September 21, 2004 The Board of County Commissioners approved the 2004/2005 Tourism Agreement between Collier County and the Conservancy of Southwest Florida, Inc. in the amount of $100,000. This agreement is effective from October 1, 2004 to September 30, 2005. Per the terms of this Agreement The Conservancy of Southwest Florida has requested a 1 -year extension for the completion of the Category "C" grant for the exhibit called Everglades: A Work in Progress at the Conservancy Nature Center. FISCAL IMPACT: The funds to complete this project will be rolled over into the Tourism Department FY 06 Budget from Category "C -2" Museums Fund 193. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact from these projects. RECOMMENDATION: That the Board of County Commissioners approve First Amendment to the 2004/2005 Tourism Agreement between Collier County and The Conservancy of Southwest Florida extending the agreement to September 30, 2006 and authorize the Chairman to sign the Amendment after County Attorney review. PREPARED BY: Gail Hambright, Administrative Assistant, County Tourism Department Agenda Item No. 16F2 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F2 Item Summary: Recommendation to approve First Amendment to the 2004/2005 Tourism Agreement Between Collier County and the Conservancy of Southwest Florida, Inc. Meeting Date: 9/27/2005 9:00:00 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/1512005 2:02 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 9/15/2005 4:00 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/16/2005 8:45 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/19/2005 9:45 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 9:57 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9!2012005 6:33 PM Commissioners Agenda Item No. 16F2 September 27, 2005 Page 3 of 4 FIRST AMENDMENT TO 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. This First Amendment to the 2004/2005 Tourism Agreement, made this day of , 2005, (hereinafter referred to as "First Amendment ") is entered into by and between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as "COUNTY "), and the Conservancy of Southwest Florida, Inc., a Florida not - for - profit corporation (hereinafter referred to as "GRANTEE "). WITNESSETH: WHEREAS, the COUNTY and GRANTEE entered into a 2004/2005 Tourism Agreement dated September 21, 2004 (the "Agreement ") for the funding of a new exhibit called 'Everglades: A Work in Progress" at the Conservancy Nature Center, and WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Section 17 of said Agreement is hereby deleted in its entirety and the following paragraph is inserted in its place: TERM: This Agreement shall become effective on October 1, 2004 and shall remain effective until September 30, 2006. If the project is not completed within the term of the Agreement, all unreleased funds shall be retained by the COUNTY consistent with Paragraph 13 herein. Any extension of this Agreement 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. 2. Except as set forth in this First Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: , Deputy Clerk FRED W. COYLE, Chairman (1) signature Printed'Typed Name (2) Signature Printed %Typed Name Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney CP \TDC'Q004 -2005 Agreement�I "Amend- ConservancySWFL Agenda Item No. 161F2 September 27, 2005 Page 4 of 4 CONSERVANCY OF SOUTHWEST FLORIDA, INC. By: Signature Printed'Typed Name Printed ,Typed Title (corporate seal) Agenda Item No. 16F3 September 27, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommend approval of City of Naples Category "A" Grant Application Amendment for Doctors Pass Dredging Project 905501 in the amount of $125,000 OBJECTIVE: To amend the approved grant by an additional $125,000 to equal the bid price for the dredging of Doctors Pass. CONSIDERATIONS: The original estimated cost for dredging was $425,000, based on best estimate of mobilization cost and per unit cost for removing and placement of sand. The low bid and contract award was for $550,000 with a much higher mobilization cost than anticipated. Sand placement is along Lowdermilk Park, with a resultant decrease in sand quantity in that area from our beach renourishment project. ADVISORY COMMITTEE RECOMMENDATIONS: Coastal Advisory Committee: On August 11, 2005 the CAC recommended 8/0 approval of this item. Tourist Development Council: On August 22, 2005 the TDC recommended approval. COUNTY ATTORNEY FINDING: N/A FISCAL IMPACT: Funds are available in Fund 195, Project No. 90550. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: For the Board of County Commissioners to approve requested Category "A" Grant Application Amendment for Doctors Pass Dredging Project 905501 in the amount of $125,000. PREPARED BY: Gary McAlpin, Coastal Project Manager Agenda Item No, 16F3 September 27, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F3 Item Summary: City of Naples Category A Grant Application Amendment for Doctors Pass Dredging Project 905501 in the amount of $125,000. Meeting Date: 912712005 9:00:00 AM Approved By Gary McAlpin Costal Project Manager Date County Manager's Office Tourism 9/1512005 12:37 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/1512005 1:59 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 9/15/2005 4:01 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/16/2005 8:46 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9116/2005 11:43 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9119/2005 5:20 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 912012005 7:14 PM Commissioners 1. 2. 3. 4. COLLIER CA' Name and Ad City of Naples 735 Eighth Str Naples, Florida Contact Perse Name: Address: Organization' Tamela Wisem Agenda Item No. 16F3 September 27, 2005 Page 3 of 5 TOURIST DEVELOPMENT COUNCIL Y "A" GRANT APPLICATION Renourishment and Pass Maintenance TION FOR AMENDMENT TO AN EXISTING GRANT Doctors Pass Maintenance Dredging of Project Sponsor Organization: r.t South 34102 Titles and Phone Numbers: -.1 R. Bauer, Natural Resources Manager, 239 - 213 -7120 Lykins, Director of Community Services, 239 - 213 -7120 Riverside Circle les, FL 34102 Chief Official and Title: n, Vice -Mayor Project Descri lion [and location]: Doctors Pass connects the Moorings Bay waterway to the Gulf of Mexico and provides thou.% nds of pleasure boaters with access to the Gulf. The Pass shoals in at an annual to of approximately 40,000 cubic yards per year, resulting in ongoing main ce dredging on a fluee/four -year cycle. The Pass was last excavated in 2 01/2002. Currently, the Pass is filling with sand and shoals have built up; ingres and egress are beginning to be restricted. Initial funding or this project came from a grant awarded to the City of Naples from the Collie County Board of County Commissioners that included construction ph ase costs in the amount of $425,000. However, the low bid for this phase of th project was from Lake Michigan Contractors, Inc. and came in at $550,000. Thi was due, in part, to an increase in the quantity of material needing to be dredged m 40,000 cubic yards to 60,000 cubic yards as a result of increased shoal g. Further, the mobilization costs involved in performing the dredging were 'gher than anticipated. The Moorings Bay Taxing District Advisory Co .ttee recommended approval of this bid, and Naples City Council approved it on une 15, 2005. Agenda Item No. 16F3 September 27, 2005 Page 4 of 5 Collier County Tourist elopment Council Grant Application Page 2 This application for an amendment to the original grant is a request for $125,000, which is the dif Ference between the initial amount awarded for the construction phase of the p 'ect and the low bid. 5. Estimated pro ect start date: July 31, 2005. 6. Estimated pro t duration: 90 days. 7. Total request t. $125,000 8. If the full amount requested cannot be awarded, can the program/project be restructurol to accommodate a smaller award? Yes ( ) No (X) Doctors Pass Maintenance Dredgina PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 125,000 City/Taxing Di 'ct Share State of Florida Share Federal Share TOTAL $ 125,000 PROJECT E ENSES, (Engineering, obilization, Contractor, Monitoring etc) Lake Michigan Contractors, Inc. Channel Dredging $ 125,000 TOTAL I have read the Tour beach renourishmeni comply with all guide Signature of SpOnsox $ 125,000 t Development Category "A" Beach Funding Policy covering and pass maintenance and agree that my organization will nes and criteria. anriation's Chief Official Date M DOCTORS Southwind $3 Lake Michigan $3 Subaqueous $1 Agenda Item No. 16F3 September 27, 2005 TGS BAY SPECIAL TAXIING DISTRICT Page 5 of 5 ADVISORY COMMITTEE MAY 25, 2005 MAINTENANCE DREDGING BID PROPOSALS $7.04 $422,400 $29,400 $828,383 $2.50 $150,000 $10,000 $550,000 $27.00 $1,620,000 $30,000 $1,800,000 54" 4&W 0 dac... Sofdtec to o a(v a 6r ,w add... Gv ell ffw fm da. I- Agenda Item No. 16F4 September 27, 2005 Page 1 of 2 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of September 27, 2005 Teen Court (171) Budget Amendment #05 -581 Operating Expenses Regular Salaries $5,000 Reserves Reserve for Contingency ($5,000) Total -0- Explanation: Funding is needed to cover the cost of personal services through the end of the 2005 fiscal year. This cost center has only one employee. The current employee is paid a greater amount than the previous employee who was in the position when the budget was developed. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F4 Item Summary: Approval of budget amendments. Meeting Date: 9/2712005 9:00:00 AM Approved By OMB Coordinator Administrative Assistant Date Agenda Item No. 16F4 September 27, 2005 Page 2 of 2 County Manager's Office Office of Management & Budget 9/1612005 9:28 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/16/2005 12:02 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1612005 4:42 PM Agenda Item No. 1615 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommend Approval of a Resolution of the Collier County Board of County Commissioners requesting the Florida Department of Environmental Protection to include the funding for the City of Naples /Collier County Beach Renourishment Project and the Marco South /Caxambas Pass Beach Renourishment Project in the Fiscal Year 2005/06 Legislative budget request. Additionally, act as the local sponsor providing the local cost share that is required. OBJECTIVE: Support the City of Naples /Collier County Beach Renourishment and the Marco South/Caxambas Pass Renourishment Projects and request that the Florida Department of Environmental Protection to include the funding request for these projects in the department's fiscal year 2005/06 Fixed Capital Outlay, Legislative Budget Request. Additionally, have the Board of County Commissioners willing to act as the local sponsor for these projects providing the ability to provide the local cost share that is required. CONSIDERATIONS: The timely maintenance and restoration of the beaches is critical to preserve their value and viability, and to provide a boost to both the environment and the economy of Collier County. COUNTY ATTORNEY FINDING: The County Attorney's office reviewed the resolution for legal sufficiency. ADVISORY COMMITTEE RECOMMENDATIONS: None Required. FISCAL IMPACT: FDEP funding will offset the use of the Tourist Development Tax fund in accomplishing beach re- nourishments. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve this resolution to have the Florida Department of Environmental Protection include the funding for the City of Naples /Collier County Beach Renourishment project as well as the Marco South/Caxambas Pass Renourishment project in the fiscal year 2005/06 Legislative Budget Request. Additionally, have the Board of County Commissioners willing to act as the local sponsor for these projects and provide the local cost share for these projects as well. PREPARED BY: Gary Mcalpin, Coastal Project Manager Agenda Item No. 16F5 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F5 Item Summary: Resolution of the Collier County Board of County Commissioners requesting the Florida Department of Environmental Protection to include the funding for the City of Naples /Collier County Beach Renourishment Project in the Fiscal Year 2005/06 Legislative budget request. Meeting Date: 9127/2005 9:00:00 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 9/15/2005 4:03 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/16/2005 9:11 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/1912005 11:20 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9119/2005 5:08 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/19/2005 7:36 PM Agenda Item No. 16F5 September 27. 2005 Page 3 of 4 RESOLUTION NO. 2005- RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO INCLUDE THE FUNDING FOR THE CITY OF NAPLES /COLLIER COUNTY BEACH RENOURISHMENT PROJECT AND THE MARCO SOUTH /CASAMBAS PASS RENOURISHMENT PROJECT IN THE FISCAL YEAR 2005/06 LEGISLATIVE BUDGET REQUEST WHEREAS, the Board of County Commissioners of Collier County has submitted an application to the Bureau of Beaches and Coastal Systems, Florida Department of Environmental Protection pursuant to the July 18, 2005 call for local submissions; and WHEREAS, the timely maintenance and restoration of these high quality and readily accessible public recreational beaches is critical to preserve their value and viability, and to provide a boost to both the environment and the economy of Collier County tourism, including hotels, restaurants and related commercial activities; and WHEREAS, the role of the state government in maintaining and restoring beaches is appropriate and crucial, in that it recognizes the benefits accrued to the state government from the storm protection afforded by better beaches; and WHEREAS, the Board of County Commissioners of Collier County collects Tourist Taxes and designates portions of these taxes for beach maintenance; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Collier County, Florida supports the City of Naples /Collier County Beach w Renourishment Project and the Marco South /Caxambas Pass Renourishment Project and requests that the Florida Department -1- Agenda Item No. 16F5 September 27, 2005 Page 4 of 4 of Environmental Protection include the funding request for these Projects in the department's fiscal year 2005/06 Fixed Capital Outlay, Legislative Budget Request; and BE IT FURTHER RESOLVED, the Board of County Commissioners of Collier County is willing to act as the local sponsor for the City of Naples /Collier County Beach Renourishment Project and the Marco South /Caxambas Pass Renourishment Project and have the ability to provide the local cost share for these projects. This Resolution adopted this day of September, 2005 after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Heidi Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman -2- Agenda Item No. 16F6 September 27, 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommend approval of Coastal Planning and Engineering Time and Material, Not -To- Exceed Proposal for $35,000 to study and recommend the most effective approach to permit and re- nourish Clam Pass Beach Park Project 900281. OBJECTIVE: Approval of a study by Coastal Planning and Engineering (CP &E) to re- evaluate the Clam Pass Inlet Management Plan and existing monitoring data and recommend the most effective way to permit and re- nourish Clam Pass Park beaches. CONSIDERATIONS: Considerable controversy exists over the approach to re- nourish the beach at Clam Pass Park. This beach has eroded significantly and requires re- nourishment within the next year. CP &E has submitted a proposal to review all the existing technical data and monitoring reports, work with the Florida Department of Environmental Protection and recommend the best approach to permit and re- nourish this beach. COUNTY ATTORNEY FINDING: A finding by the County Attorney is not required for this item. ADVISORY COMMITTEE RECOMMENDATIONS: The Coastal Advisory Committee recommended approval of this item on August 11, 2005 by an 8/0 vote. The Tourist Development Council recommended approval of this item on August 22, 2005 by an 8/0 vote. FISCAL IMPACT: This study cost will not exceed $35,000 and will be funded from Category "A" Tourist Development Tax fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: For the Board of County Commissioners to approve expenditure of up to $35,000 for a study by Coastal Planning and Engineering (CP &E) to re- evaluate the Clam Pass Inlet Management Plan and existing monitoring data and recommend the most effective way to permit and re- nourish Clam Pass Park beaches and approve all necessary budget amendments. PREPARED BY: J. Gary McAlpin, Coastal Project Manager Agenda Item No, 16F6 September 27, 2005 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F6 Item Summary: Recommend Approval of Coastal Planning and Engineering Time and Material, Not -To- Exceed Proposal for $35,000 to study and recommend the most effective approach to permit and re- nourish Clam Pass Beach Park. Meeting Date: 9/27/2005 9:00:00 AM Approved By Gary McAlpin Costal Project Manager Date County Manager's Office Tourism 9/1512005 12:39 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 9115/2005 4:01 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/16/2005 6:51 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/19/2005 10:21 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9119/2005 5:34 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/20/2005 7:24 PM Agenda Item No. 16F6 September 27, 2005 Page 3of11 REEVALUATION OF THE CLAM PASS INLET MANAGEMENT PLAN SCOPE OF WORK INTRODUCTION This report will reexamine Clam Pass Inlet Management from Collier County's perspective as the coastal manager. The Clam Pass Restoration and Management Plan (July 1995) primary objective was the improvement of the interior estuarine environment, with secondary benefit provided to the coastal zone. Collier County's interests are in maintenance of the Gulf beaches through processes which include use of beneficial dredged material and inlet bypassing of sand. Maintenance dredging of the Clam Pass system provides beach quality sand, which the County supports financially. Recent proposals have been made for changing and/or improving the maintenance dredging of the pass and its interior channels. In addition, down drift inlet effects have caused erosion problems at a County park facility. The primary objective of this study is to review existing inlet management policies and procedures in order to recommend actions that the County could implement for an improved management of their beaches. The County supports improvements to estuarine environment, but may not desire to financially support improved management practices without a coastal benefit. The comprehensive plan should address both the concerns of water quality in the inner bay by maintaining an open pass and the downdrift erosion at the County Park by identifying the inlet's zone of impact. The analysis will examine proposals to improve inlet maintenance for their contribution to the coastal zone. This report is not intended to replace existing management plans, provide a comprehensive analysis of all historic data or provide a detailed course of action and analysis. The objective is to reexamine the inlet management plans and their support of the County's coastal management program. This study will utilize historic reports and existing data to the greatest extent possible. No new field work is proposed. The scope of work for development of the Clam Pass Inlet Management Opinion is divided into the following four (4) phases: I. Literature Review and Data Search II. Coastal Engineering Analysis and Process Summary III. Inlet Management Analysis and Recommended Actions IV. Report and Presentation SPECIFIC TASKS Phase I. Literature Review and Data Search Historic studies, monitoring reports, aerial photography, survey data and recent proposals to improve inlet management will be compiled, reviewed and summarized to identify the key Agenda Item No. 16F6 September 27, 2005 Page 4 of 11 management objectives, practices and historic coastal processes. The County will provide copies of past reports, aerial photography, recent proposals and other available data to assist in the review. Reports and survey data will be obtained from other public sources such as the Florida Department of Environmental Protection. In addition, the County will provide a copy of their latest policy on the types of projects supported with TDC funding. CPE will make a day trip to visit the County offices and other consultants to collect information. A summary of the inlet's recent history and practices will be compiled, along with the Clam Pass authority's proposal to modify the inlet plan. Phase II. Engineering Analysis and Coastal Process Summary Using the information and data compiled during Phase I, an engineering analysis of the local coastal processes around the inlet will be performed. The coastal process summary will focus on the last decade, updating the coastal process described in earlier reports with the latest survey, aerial and bathymetric data. The findings of this analysis will be compared to previous reports. The specific tasks of this phase are to quantify sediment transport (both natural and anthropogenic) through shoreline and volume changes, identify trends and cycles of inlet orientation from aerial photography, historic surveys and reports; and evaluate the effectiveness of past inlet management practices by developing a simple sediment budget from available data. The details and specific tasks of Phase H are as follows: 1. Shoreline and Volumetric Changes: Survey data will be compiled and compared to quantify changes during the recent decades. The MHW shoreline and volumetric changes at the FDEP monument locations will be compared in tables and figures, in a fashion similar to the beach monitoring reports. Only survey data collected in years that include the area near Clam Pass can be utilized. Data based on inlet surveys and monitoring reports will be summarized from those reports. The study area will extend at least one (1) mile either side of the inlet. This data will provide the basis for a sediment budget. 2. Inlet Characteristics and Changes: The recent history of the inlet will be reviewed and general characteristics identified. In particular, available aerial photography and reports of the inlet will be compared in sequential order to identify trends and cycles of inlet orientation and migration. This task will also include a mapping of the nearshore (gulf) bathymetry near the inlet with data collected from the recent airborne laser survey ( LIDAR). Other past data sets will be compared to the LIDAR data to examine the 3- dimensional bathymetric changes (delta chart) over a specific time interval. 3. Littoral Processes and Sediment Budget: Sediment transport (both natural and anthropogenic) will be quantified based on shoreline and volume changes (Task 1 above). The analysis will extend at least one (1) mile north and Agenda Item No. 16F6 September 27, 2005 Page 5 of 11 south of the inlet, as needed to ascertain the inlet's zone of influence. The sediment budget will cover the most recent time period, where data is sufficient to support this analysis. The sediment budget will be developed for the inlet and vicinity including approximations for ebb and flood tidal shoal growth, the updrift and downdrift beach volumetric changes, dredging and sand bypassing. Previously developed sediment budgets will be reviewed and updated, if they exist. From the analyses described above, the study shall estimate the amount of sand that is currently being transferred across the inlet. These determinations will be made based on the results of the coastal processes analyses identified above along with available tide and current data, hydraulic characteristics, and wind and wave climate in the area of the inlet influence. 4. Coastal Process Summary: The information discovered in Phases I and II will be incorporated into a coastal process summary. The intent of this summary is to identify the dominate processes and their impact on inlet management and the hot spot south of the inlet. Phase III. Management Analysis and Recommended Actions 1. Contribution of Inlet Management Practices to the County's Coastal Program: Based on the results in Phases I and Il, an analysis of inlet management objectives and practices will be made to determine their contribution to the coastal zone managed by the County. This will include an analysis of any new proposals for inlet management or maintenance. An engineering opinion on the suitability of the inlet maintenance practices for the County program will be provided. Recommended changes and continuation of current practices will be considered. 2. Erosion Hot Spot South of the Inlet: An analysis of the erosion hot spot south of the inlet will be based on coastal process information derived in Phase II. Solutions to this problem will be recommend, which can take one or more of the following forms: a. Support the existing or proposed inlet management practices. b. Modify existing inlet management practices. c. Stand alone solution separate from the Clam Pass management. 3. Engineering Opinion: An engineering opinion on the need for further studies or engineering analysis of Tasks 1 and 2 above will be made. The opinion will address the need for engineering analysis or modeling to support a change to inlet management practices and their suitability in supporting the County program. In particular, the opinion will consider whether changes to the dredging frequency and quantity, channel depth and orientation, as well as revised disposal locations should be studied further. Agenda Item No. 16F6 September 27, 2005 Page 6 of 11 4. Recommendations: The objective of this study is to examine if a revised inlet management plan will maintain the adjacent beaches in a more comprehensive manner. The identified comprehensive plan should address both the concerns of water quality in the inner bay by maintaining an open efficient pass and addressing the downdrift erosion at the County Park by identifying management solutions. The portion of the comprehensive plan supportable by the County program will be identified. Phase IV. Report and Presentation Upon completion of the study, a report will be prepared to summarize the information compiled and analyses performed. The report will include tables and graphics as needed to explain and support the recommendations. The project deliverables will include 2 copies of the report with an ACROBAT (pdf) version and a presentation to the County at a time and location of their choosing. Report figures will include shoreline and volume graphs, sediment budget; recent Lidar based contour map and recent inlet orientation figure. FACPE\_Proposals\Collier\2005 Proposals \Collier- Clam Pass SOW.doc Agenda Item No. 16F6 September 27, 2005 Page 7 of 11 REEVALUATION OF CLAM PASS INLET MANAGEMENT PLAN, COLLIER COUNTY, FL July 5, 2005 PREPARED BY: COASTAL PLANNING & ■NG /NEM 7/5/2005 F:\CPE\—ProposaIs\CoIIier\2005 Proposals \CC Clam Pass Fee Proposal.xls Agenda item No. 161`6 September 27. 2005 Page 8 of 11 REEVALUATION OF CLAM PASS INLET MANAGEMENT PLAN, COLLIER COUNTY, FL LABOR, EQUIPMENT & DIRECT COST RATES COASTAL PLANNING & ENGINEERING, INC. 2005 LABOR RATES (HOURLY) Principal Engineer $154.00 Senior Coastal Engineer PM $120.00 QC / QA Technical Reviewer $120.00 Senior Coastal Engineer $120.00 Senior Marine Biologist $115.00 Certified Inshore H dro ra her $115.00 Professional Surveyor & Mapper $115.00 Coastal Engineer $95.00 Marine Biologist $85.00 Geologist $85.00 Boat Operator $75.00 Senior CADD Operator $82.00 CADD Operator $75.00 GIS O erator $75.00 Technician $75.00 Clerical $41.00 EQUIPMENT RATES (DAILY) Survey Boat 24 ft. $575.00 Survey Vehicle $0.29 Differential GPS $400.00 Navigation System $250.00 Digital Land Camera $10.00 Underwater Camera 35 mm $25.00 Klein 590 Side Scan Sonar $780.00 SSS Expendables $88.00 Triton Elics Isis $220.00 SSS Operator $770.00 Triton Elics Isis Freight $165.00 Film 35 mm $6.25 Underwater Video Camera $100.00 GPS Integrated U/W Video Camera $400.00 Dive Equipment & Insurance $75.00 Dives $25.00 DIRECT COSTS Meals $21.00 Lodging $100.00 Misc. Expenses/ Expendables 1.00 Note: ` Lodging and Expenses will be billed at cost, although values are used in the spreadsheet to determine a contract value. 7/5/2005 F:\CPE\-Proposals\Collier\2005 ProposalslCC Clam Pass Fee Proposal.xls 3 ƒ/Q \y KM CM ( \n =E -0 CL \� < } a k § 2 k§ �) § S k � IL k r § � � a - § 2 o@a 5a 8 \k co CD 2 ®\ o =b Its a �,� � . 2\} of ƒ� . N _f$ k§ u)k!{ _ ~ .■m §§ 5)Jƒ£ §� R�£ ;R ;m@~ , eeaq e (8§ §j )/ N k£ \LU ;) Ci $ k ... .. . 22 a §)� 08 8 = 4 z ° § .( §§ § L ; g k e § ) 2 ( §2B 000z k� 5 w § ;2 UJa, }f'2 \§ k\ \ § © , ( n § 2 o(�• §� °« Z $= § § Q \2 222)\ Ec�°» ®i q» o22 &b2 2 wr. zz 23�k§ /§J $OX LU ��§ B) I ■w wwzo gou um §auto o� z < -o � o9oww§ -j u « " L) � - " ■ / _ El I I 1 1 12:1 BUDGET AMENDMENT REQUEST Fund Number Agenda Item No. 16F6 September 27, 2005 Page 10 of 11 For Budget/Finance Use Only BA# ............................... JE# .. ............................... BAR # .............................. A.P.H. Date ....................... Fund Description: Beach Renourishment Date Prepared: September 19, 2005 Attach Executive Summary Approved by BCC on: September 27, 2005 Item No.: Expense Budget Detail Fund Center Title: Clam Pass Beach Renourishment WBS Element Title: Clam Pass Beach Renourishment (Provide the Fund Center nr WRC A -m -nt inff —t;nn- it ;� n.,r --;—A ... «.—;A- 1-1, X Fd Ctr No.: WBS No.: 900281 Fund Center WBS Element Commit Item Commitment Item Description Increase (Decrease) Current Budget Revised Budget 919010 90028 631400 Engineering $35,000 0 $35,000 Net Change to Budget 1s-*),uuu Expense Budget Detail Fund Center Title: 195 Reserves WBS Element Title: (Provide the Fund Center or WRS element infnnnntinn • it i, "nt Fd Ctr No.: WBS No.: 991951 Fund Center WBS Element Commit Item Commitment Item Description Increase (Decrease) Current Budget Revised Budget 919010 991951 991000 Reserve for Contingency ($35,000) $1,598,959.04 $1,563,959.04 Net Change to Budget ($35,000) Expense Budget Detail Fund Center Title: WBS Element Title: (PrnviA- th- F,mA Cent- r \d7RC - 1- .,, - «t ; «f ...,., r:..« :♦ Fd Ctr No.: WBS No.: Fund Center WBS Element Commit I Item Commitment Item Description Increase (Decrease) Current Budget Revised Budget Net Change to Budget Agenda Item No. 16F6 September 27, 2005 Page 11 of 11 Revenue Budget Detail Fund Center Title: Fd Ctr No.: WBS Element Title: WBS No.: (Provide the Fund Center or WBS element information: it is not reauired to provide both.) Fund Center WBS Element Commit Item Commitment Item Increase (Decrease) Current Budget Revised Budget Agency Manager: Finance Department: -Description Clerk of Board Admin.: Input by: B.A. No.: Net Change to Budget EXPLANATION Why are funds needed? Creating new project that was approved by BCC on 9/27/05. Where are funds available? Money is available in reserves. REVIEW PROCESS Cost Center Director: DATE Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: Agenda Item No. 16G1 September 27, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase effective October 1, 2005 and a $5000 bonus to be paid on September 30, 2005 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook OBJECTIVE: That the Board of County Commissioners (the "Board ") approve a 3.9 percent ($3,490.50) cost of living increase effective October 1, 2005 and a $5000 bonus to be paid September 30, 2005 for the Collier County Airport Authority (the "Airport Authority ") Executive Director, Theresa M. Cook. CONSIDERATION: Based on the Authority's Executive Director's performance from December 15, 2004 through August 31, 2005 (performance appraisal attached), the Authority voted unanimously to recommend a $5000 bonus for the Executive Director, Theresa M. Cook, to be paid on September 30, 2005, and to increase her salary 3.9 percent ($3,490.50), consistent with the Collier County cost of living increase, effective October 1, 2005, increasing her annual salary from $89,500 to $92,990.50. FISCAL IMPACT: Funding is currently available in the Airport Authority Operating Fund (495). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with adoption of this Resolution by the Board. RECOMMENDATION: That the Board approve a 3.9 percent ($3,490.50) cost of living increase for the Airport Authority Executive Director, Theresa M. Cook, effective October 1, 2005, increasing her annual salary from $89,500.00 to $92,990.50, and a $5000 bonus to be paid on September 30, 2005. Prepared by Debi Mueller ,,..,.. Agenda Item No. 16G1 September 27, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G1 Item Summary: Recommendation to approve a 3.9 percent ($3.490.50) cost of living increase effective October 1; 2005 and a $5000 bonus to be paid on September 30, 2005 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. Meeting Date: 9127/2005 9:00:00 AM Prepared By Debi Mueller Account Technican Date County Manager's Office Airport Authority 9/13/2005 2:06:32 PM Approved By Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 9/13/2005 2:27 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2005 3:06 PM Approved By Randy Greenwald Management/BudgetAnalyst Date County Manager's Office Office of Management & Budget 9/1412005 9:42 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/16/2005 8:20 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/16/2005 4:44 PM COLLIER COUNTY AIRPORT AUTHORITY EXECUTIVE DIRECTOR PERFORMANCE APPRAISAL FORM BOARD EVALUATION Executive Director: Theresa Cook Hire Date: December 15, 2004 Evaluator's Name: Robert E. Doyle, Jr. Evaluation Period: From: 12/15/04 To: 08/31/05 Title: Chairman Rating Scale N/A = Not applicable or not observed. 1 = Performance is consistently below minimum standard. 2 = Performance is at minimum standard, but not consistently. 3 = Performance consistently meets expected standard, and may occasionally exceed the expected standard. 4 = Performance is consistently above the expected standard. 5 = Performance is at an exceptional level, far exceeding expectation, on a consistent basis. Please check the appropriate number on the scale that best describes your observations /experiences with this person. Additional comments or feedback should be recorded in the comments section following each performance factor. If a 1 or 5 is marked, supporting information /comments should be supplied in comments section. Leadership — Provides guidance, direction, and motivation to peers and others in order to accomplish the Authority's goals and objectives. NIA 1 2 3 4 5 • Motivates self and others to accomplish Authority objectives ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ • Leads by example (aware and informed about Authority policies and procedures and applies appropriately, is a positive influence) in ❑ ❑ ❑ ❑ ❑ • Consistently demonstrates the ability to be patiently persistent making well informed decisions in a timely manner and is supportive of the decisions made by others • Effectively functions in the Collier County environment with an ❑ ❑ ❑ ❑ ❑ understanding and respect for the organizational structure ❑ Q ❑ ❑ ❑ • Consistently demonstrates a willingness to identify and lead projects /activities; takes initiative • Collaborates /consults on new projects crossing functional areas prior ❑ ❑ ❑ ❑ ❑ to creating/implementing new policies or procedures ❑ ❑ ❑ ❑ ❑ JQ - • Shows respect for others • Works to overcome real and perceived barriers between departments ❑ ❑ ❑ ❑ ❑ Jiu and offices that will undermine the Authority's unity Page 2 QBMKE152268 t 3.3 a 21 ON'. � Y • Examples /Comments: Theresa first demonstrated her leadership by engaging in a reorganization of the Authority staff within weeks of taking her position. First, showing her willingness to study and learn, and attempting to improve the performance of the Authority's operations, she has led by example. At the same time, she has not been hesitant to exert her authority to demand performance from staff. In particular she has exerted leadership in demanding performance from the Authority's consultants in an attempt to assure that we receive the best service and professional advice possible. Communication — Demonstrates the ability to clearly and effectively communicate with others to accomplish the Authority's goals and objectives. N/A 1 2 3 4 5 • Consistently demonstrates effective oral communication ❑ ❑ ❑ ❑ ❑ skills (clear, concise) • Consistently demonstrates effective written skills (clear, ❑ ❑ ❑ ❑ ❑ concise) • Communicates honestly, constructively, and in a timely fashion using appropriate forms of communication (e -mail, voicemail, face to face) • Creates an atmosphere that encourages open dialogue and feedback • Actively listens and shows respect and understanding of other viewpoints • Resolves conflict and/or provides constructive criticism through appropriate channels rather than disparaging others • Accepts responsibility for dealing with interpersonal relationships in a collegial manner by being direct and honest when interacting with colleagues • Interacts with colleagues in a professional manner by assuming the best motivations Examples /Comments: Theresa has opened lines of communication with County management and staff and created an atmosphere of trust in her dealings with others. She has not been hesitant to criticize poor performance, but has done so in a manner that builds bridges rather than destroying them QBMKE15226813.3 Page 3 Client Service — Provides client service (internal and external) by understanding and implementing goals and objectives. N/A 1 2 3 4 • Responds to requests promptly, accurately, and professionally (fosters a "can do" attitude) • Consistently follows through with internal/external clients to ensure a successful outcome is achieved • Establishes and maintains effective relationships with internal and/or external clients and gains their trust and respect • Anticipates client needs to improve Authority processes • Open and responsive to client feedback • Consistently strives to exceed internal/external client expectations • Demonstrates the ability to resolve problems and identifies creative solutions ❑ ❑ ❑ ❑ ❑ 5 Iq ■ ■ ■ ■ ■ - ❑ ❑ ❑ ❑ ❑ �, ❑ ❑ ❑ ❑ ❑ A Examples /Comments: From the beginning of her tenure, Theresa has understood that she has multiple clients: the Authority Board, the County Commission, the taxpayers, the users of our airports, the communities surrounding the airports and the potential users of our industrial park. She has worked to forge relationships that will make her job of communicating with them easier and more productive. She has not lost sight of the fact that we need to be of service to these clients and has tried to focus her staff to have the same recognition. Work Product • Accurately completes job responsibilities in a timely fashion • Carefully analyzes work product for compliance and thoroughness • Possesses organizational skills necessary to complete job responsibilities (tune /information) • Effectively prioritizes multiple projects and communicates with clients regarding status N/A 1 2 3 4 5 ❑ ❑ ❑ ❑ Ar ❑ ■ ■ ■ ■ ■ li ■ ■ ■ ■ ■ M ■ ■ ■ 4 ■ Examples /Comments: Theresa's organization and prioritization have been excellent. Because of the competition for her attention by the many responsibilities she has been given, her timely response has not always been as good as desired. Additional delegation to subordinates may be necessary to enable her to get the job done nn time Page 4 QBMKE15226813.3 SGB � T 5 Significant Contributions /Accomplishments The reorganization of the Authority staff at the beginning of her tenure saved the Authority over $100,000 and established Theresa's authority in her new position. She has worked tirelessly to improve our performance in the permitting arena and has brought new resources to the Authority by introducing additional consultants to the problem - solving approach she has used. Areas for Growth /Improvement As the business of the Authority grows, it will be increasingly important for Theresa to delegate work to consultants and subordinates who are capable of carrying on the Authority's work in a timely professional manner. She should continue to seek out those staff members and consultants who have that ability and use their skills to accomplish the mission of the Authority. Evaluator Signature Date QBMKE\5226813.3 Page 5 Agenda Item No. 16G2 September 27, 2005 Page 1 of 4 --- EXECUTIVE SUMMARY To approve a Budget Amendment for Fund 187 Bayshore Gateway Triangle CRA to transfer $20,992 to Fund 112 to reimburse the County for the installation of a portion of a landscape and irrigation improvement project in the Davis Blvd medians at Brookside Drive OBJECTIVE: To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA to transfer $20,992 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a portion of a landscape and irrigation improvement project in the Davis Blvd medians at the Brookside Drive intersection. CONSIDERATIONS: At the February 1, 2005 CRA Advisory Board meeting, the Board agreed to a partnership with the County Transportation Department. The County would pay for the design of irrigation and landscape in the bare medians on Davis Blvd at the Brookside Drive intersection, and the CRA would pay for the installation. At the July 12, 2005 CRA Advisory Board meeting, the Board reviewed the bid/estimate in Collier County Bid #05 -3830 (Brookside Planting Addendum #3) of $19,083.20 plus 10% contingency, and accepted the proposal. On September 8, 2005 at the Advisory Board's recommendation, the CRA Board approved a CRA budget amendment to transfer $20,992 from Fund 187 to Fund 112 to cover the CRA's cost to install a portion of the BCC approved project (Bid #05 -3830 — Addendum 43). FISCAL IMPACT: The CRA determined that the TIF Trust Fund (Fund 187 - Reserves for Capital) has adequate reserves to reimburse $20,992 to the Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) for the construction and installation of a portion of the BCC approved landscape project (Bid #05 -3830 — Addendum #3). GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore /Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. RECOMMENDATION: BCC approve expenditure of CRA Trust Funds to install the landscape project under the BCC approved landscape Contract Bid #05 -3830, and approve a Fund 187 (Reserve for Capital) budget amendment to transfer $20,992 TIF Trust Funds to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County. Prepared by: David Jackson, Executive Director Bayshore Gateway Triangle CRA Attachments: (1) Alternative Transportation Executive Summary for Collier County Bid #05- 3830 — approved by BCC May 24, 2005, (2) Budget Amendment Form to transfer funds from Fund 187 to Fund 112. Agenda Item No. 16G2 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G2 Item Summary: To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA to transfer 820,992 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a portion of a landscape and irrigation improvement project in the Davis Blvd medians at the Brookside Drive intersection. Meeting Date: 9/27/2005 9:00:00 AM Prepared By David Jackson Executive Director Date Community Redevelopment Agency Bays hore- Gateway Redevelopment 9112/2005 5:04:32 PM Approved By Gloria Herrera Management /BudgetAnalyst Date Transportation Services Transportation Operations 9113/2005 9:04 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/13/2005 3:38 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 9/1312005 4:58 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2005 8:09 AM .Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9!15;2005 11:43 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/15/2005 1:57 PM Approved By Director of Alternative Transportation Diane B. Flagg Modes ATM Director Date Transportation Services Alternative Transportation Modes 9/15/2005 4:43 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9119/2005 4:46 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 5:30 PM Agenda Item No. 16G2 September 27, 2005 Page 3 of 4 Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9120/2005 10:12 PM Commissioners Agenda Item No. 16G2 September 27, 2005 EXECUTIVE SUMMARY Page 4 of 4 Recommendation to award Collier County Bid #05 -3830 Davis Boulevard Landscape and Irrigation Renovations to Vila & Son Landscaping Corporation with a base bid amount of $112,858.75 and the Brookside Planting Addendum #3 bid alternate of $19,083.20 plus a 10% contingency for a total of $145,136.14. OBJECTIVE: To provide landscape and irrigation renovations on Davis Boulevard (US41 East to Airport Pulling) as approved by the Streetscape Master Plan. CONSIDERATION: 1. On April 6, 2005, the Purchasing Department sent notices to 114 vendors for the landscaping and irrigation installation of Bid #05 -3830 Davis Boulevard Landscape and Irrigation Renovations." There were 12 packages requested for this bid. 2. On April 26, a non - mandatory pre -bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. 3. On May 6, 2005 bids were received and opened. Staff reviewed the unit pricing on the bid tab, and Vila & Son Landscaping Corporation submitted the lowest bid. Staff recommends awarding the base bid contract of $112,858.75 and the Brookside Planting Addendum #3 bid alternate of $19,083.20 plus a 10% contingency in the amount of $13,194.69 to Vila & Son Landscaping Corporation for a total of 145,136.14. The Bayshore CRA will provide funding for Addendum #3 bid alternate and reimburse Collier County Transportation (Fund 112, Project # 60098). The Bayshore CRA Advisory Board will be reviewing this item at their June 7, 2005 meeting and will advise Transportation at that time. If the Advisory Board does not approve Addendum #3, Transportation would have the option to change order and delete this item. FISCAL IMPACT: Total funds for the base bid, addendum #3 bid alternate, and contingency are $145,136.14, which is budgeted in project #60098. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board award Collier County Bid #05 -3830 Davis Boulevard Landscape and Irrigation Renovations to Vila & Son Landscaping Corporation in the amount of $145,136.14, approve any related change orders for Addendum #3 bid alternate, approve related County costs, and authorize the Chairman to execute the standard contract after review by the County Attorney's Office, Prepared By: Pamela Lulich, RLA, ASLA, Project Manager, Alternative Transportation Modes Attachments: Bid #05 -3830 Bid -Tab document Agenda Item No. 16G3 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY To approve a Budget Amendment for Fund 187 Bayshore Gateway Triangle CRA to transfer $12,000 to Fund 112 to reimburse the County for the installation of a portion of a landscape and irrigation improvement project at the US41 / Davis Blvd intersection OBJECTIVE: To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA (Reserve for Capital) to transfer $12,000 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a landscape and irrigation project at the US41 / Davis Blvd intersection. CONSIDERATIONS: At the February 1, 2005 CRA Advisory Board meeting, the Board agreed to a partnership with the County Transportation Department. The County would pay for the design of irrigation and landscape at the intersection of US41 and Davis Blvd, and the CRA would pay for the installation of the project. At the July 12, 2005 CRA Advisory Board meeting, the Board reviewed the bid/estimate of $10,833 received by the County, and accepted the proposal. On September 8, 2005 at the recommendation of the Advisory Board, the CRA Board approved the improvement project and a CRA budget amendment to transfer $12,000 from Fund 187 to Fund 112 to cover the cost to install a portion of the BCC approved Bid #05 -3830. FISCAL IMPACT: The CRA determined that the TIF Trust Fund (Fund 187 - Reserves for Capital) has adequate reserves to transfer $12,000 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for a portion of the construction and installation of the BCC approved landscape improvement project at the intersection of US41 and Davis Blvd (Bid #05- 3830). GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore /Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. RECOMMENDATION: BCC approve expenditure of CRA Trust Funds to install the US41 /Davis Blvd portion of the landscape improvement project under the BCC approved Collier County landscape Contract #05 -3830, and approve a Fund 187 (Reserve for Capital) budget amendment to transfer $12,000 (includes 10% contingency) TIF Trust Funds to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County. Prepared by: David Jackson, Executive Director Bayshore Gateway Triangle CRA Attachments: (1) Alternative Transportation Executive Summary for Collier County Bid #05- 3830 — approved by BCC May 24, 2005, (2) Budget Amendment Form to transfer funds from Fund 187 to Fund 112. Agenda Item No. 16G3 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G3 Item Summary: To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA (Reserve for Capital) to transfer 512,000 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a landscape and irrigation project at the US41 / Davis Blvd intersection. Meeting Date: 9/27/2005 9:00:00 AM Prepared By David Jackson Executive Director Date Community Redevelopment Agency Bays hore-Gateway Redevelopment 9/12/2005 5:11:18 PM Approved By Gloria Herrera Management /Budget Analyst Date Transportation Services Transportation Operations 9/13/2005 8:33 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/13/2005 1:18 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2005 8:00 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9/15/2005 11:44 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/15/2005 1:53 PM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 9/15/2005 4:44 PM Approved By Director of Alternative Transportation Diane B. Flagg Modes ATM Director Date Transportation Services Alternative Transportation Modes 9115/2005 4:47 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 9/1512005 4:57 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/19/2005 5:02 PM Agenda Item No. 16G3 September 27, 2005 Page 3 of 4 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 5:31 PM Approved By James V. Mudd County Manager Date Board of County 9/20/2005 9:11 PM County Manager's Office Commissioners Agenda Item No. 16G3 EXECUTIVE SUMMARY September Page of 4 Page 4 of 4 Recommendation to award Collier County Bid #05 -3830 Davis Boulevard Landscape and Irrigation Renovations to Vila & Son Landscaping Corporation with a base bid amount of $112,858.75 and the Brookside Planting Addendum #3 bid alternate of $19,083.20 plus a 10% contingency for a total of $145,136.14. OBJECTIVE: To provide landscape and irrigation renovations on Davis Boulevard (US41 East to Airport Pulling) as approved by the Streetscape Master Plan. CONSIDERATION: 1. On April 6, 2005, the Purchasing Department sent notices to 114 vendors for the landscaping and irrigation installation of Bid #05 -3830 Davis Boulevard Landscape and Irrigation Renovations." There were 12 packages requested for this bid. 2. On April 26, a non - mandatory pre -bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. 3. On May 6, 2005 bids were received and opened. Staff reviewed the unit pricing on the bid tab, and Vila & Son Landscaping Corporation submitted the lowest bid. Staff recommends awarding the base bid contract of $112,858.75 and the Brookside Planting Addendum #3 bid alternate of $19,083.20 plus a 10% contingency in the amount of $13,194.69 to Vila & Son Landscaping Corporation for a total of 145,136.14. The Bayshore CRA will provide funding for Addendum #3 bid alternate and reimburse Collier County Transportation (Fund 112, Project # 60098). The Bayshore CRA Advisory Board will be reviewing this item at their June 7, 2005 meeting and will advise Transportation at that time. If the Advisory Board does not approve Addendum #3, Transportation would have the option to change order and delete this item. FISCAL IMPACT: Total funds for the base bid, addendum #3 bid alternate, and contingency are $145,136.14, which is budgeted in project #60098. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board award Collier County Bid #05 -3830 Davis Boulevard Landscape and Irrigation Renovations to Vila & Son Landscaping Corporation in the amount of $145,136.14, approve any related change orders for Addendum #3 bid alternate, approve related County costs, and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared By: Pamela Lulich, RLA, ASLA, Project Manager, Alternative Transportation Modes Attachments: Bid #05 -3830 Bid -Tab document Agenda Item No. 16G4 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY To approve a Fund 187 Bayshore Gateway Triangle Budget Amendment of $3000 from reserves to acquire computer systems OBJECTIVE: To receive CRA approval for a FY2005 budget amendment and to purchase new computers (laptop and desktop). CONSIDERATIONS: When the FY2005 budget was written, a lone item (object code) was not funded for office computers. Current computers are 1999 hand -me -downs with 2000 Windows operating systems, and are no longer under warranty. The laptop screen has failed and must be connected to a desktop monitor in order to perform work or access its hard drive data. FISCAL IMPACT: The CRA Trust Fund has adequate reserves to cover the budget amendment. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore /Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. RECOMMENDATION: CRA Board approve a Fund 187 Budget Amendment of $3000 and approve Executive Director to purchase new computer systems through County IT. Prepared by: David Jackson, Executive Director Bayshore Gateway Triangle CRA Attachment: Budget Amendment Form to transfer funds from Reserves for Capital to Data Processing Equipment. September 8, 2005 Bayshore Gateway Triangle CRA Meeting Agenda Item No. 16G4 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G4 Item Summary: To approve a Fund 187 Bayshore Gateway Triangle Budget Amendment of $3,000 from reserves to acquire computer systems. Meeting Date: 9/2712005 9:00:00 AM Prepared By David Jackson Executive Director Date Community Redevelopment Agency Bays hore-Gateway Redevelopment 9112/2005 5:22:31 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2005 8:03 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9115/2005 4:21 PM Agenda item No. 161-11 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: 2005 NAACP Annual Freedom Fund Banquet PUBLIC PURPOSE: To represent Collier County as Commissioner of District 1 DATE OF FUNCTION/EVENT: October 15, 2005 FISCAL IMPACT: $55.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 27, 2005 Agenda Item No. 161-11 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161-11 Item Summary: Commissioner Fiala requests approval for reimbursement for attending a function serving a valid public purpose: to attend the 2005 NAACP Annual Freedom Fund Banquet on October 15, 2005 in the amount of $55.00, to be paid from Commissioner Fiala's travel budget. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Kathy Highbaugh Executive Aide to the BCC Date Board of County Commissioners BCC Office 917/2005 11:11:46 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 9/8/2005 9:38 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/10/2005 10:10 AM Agenda Item No. 161-11 ,f September 27, 2005 'f NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE Page 3 of 4 COLLIER COUNTY BRANCH ( #5117) ,4ttlE AD P.O. BOX 990727 NAPLES, FLORIDA 34116 (239) 455 -2886 FAX (239) 417 -2968 Email: pre :sident @naacpcolliercounty.com www.naacpcolliercounty.com ft P64 FROM CANVAS TO TRUNKS TO HIGHWAYS TO SUCCESS Lear Supporter: For ninety-six years the NAACP has been a champion for equal justice and continues to be committed to improving the quality of life for all people. In an effortt to continue this critical work the Collier County Branch is hosting its 23rd Annual Freedom Fund Banquet and Silent Auction. It will be held on Saturday, October 15, 2005 at die lovely Elks Lodge, 3950 Radio Road, Naples, Florida. There will be open seating, the social hour -,Ail] be at 5:00 p.m. and the program will start at 6:00 p.m. This year's dynannic guest speakers will be Flojida's; African- American artists, fire Xig1rwgpmen'who created idyllic, landscape images of Florida, and peddled some 100,000 of them from the trunks of their cars. You will be spell- bound by how they painted their way out of the despair awaiting them in the citrus groves and packing houses of 1950s Florida. The `Highwaymen' paintings fetch ever- escalating prices and you will'have an opportunity to examine and purchase these astonishing paintings! The annual banquet is the principal fund wising event of the year. Your much needed support will go a long way in helping the Branch continue to provide and expand the educational programs, youth works, health and other important social programs. This year we have designed several ways for you to make a contribution. - 1) SPONSORSHIPS: There are four levels of sponsorships available: the Diamond at $750; the Silver at $1000; the Gold at $1500, and the Platinum at $2000. PImise refer to the enclosed Banquet Reservation Form. 2) AD SOUVENIR BOOKLET: There are several AD sizes. The price of a ful l page is $200; a half page costs $125; a fourth page costs $75, and either an eighth page AD or a business card AD costs $50. We also offer family and single name options. Please refer to the enclosed .Banquet Reservation Form. 3) TICKET SALES: Banquet tickets are only $55 for adults 18 and over and $30 for people under 18 years of age. Please refer to the enclosed Banquet Reservation Form. 4) DONATIONS ONLY (not tickets and donations): Donations can be made to the Collier County's Back To School/Stay In School Program. However, in order to qualify as a 501 -C -3, the check must be written as follows, NAACP BTS ISIS Prohram. 5) AUCTIONS ITEMS that will be donated: mail to NAACP Banquet P.O. 990727 :Naples, FL 34116 or call forpick up 239 - 649 -4483 or 239- 455 =2886. Please review and complete the attached forms that detail your contribution method and mail your check and all forms to: NAACP Collier County Branch Attention: Banquet Chair, P. O, Box 990727, Naples, FL 34116. We must receive your Sponsorship Form and Souvenir Journal Fornu No Later Than August 31, 2005. Thank you for your support. Sincerely, President 3V/ NAACP BANQUET RESER VA TIONS October 95, 2005 SPONSORSHIPS Please check below for reservations. Agenda Item No. 16H1 September 27, 2005 Page 4 of 4 PLATINUM $2000 TOTAL Includes eight (8) tickets for the banquet, a full -page AD in the Souvenir Journal (the inside front and back covers and the outside back cover will be allotted to the first three Platinum Sponsors), and special recognition at the banquet. GOLD $1500 TOTAL Includes six (6) tickets, a half page AD in the Souvenir Journal and special recognition at the banquet. SILVER $1000 TOTAL Includes four (4) tickets, a half page AD in the Souvenir Journal and special recognition at the banquet.. DIAMOND $750 TOTAL Includes two (2) tickets, a quarter page AD in the Souvenir Journal and special recognition at the banquet. For AD sizes refer to Souvenir Journal form. INDIVIDUAL TICKETS 7 Tickets @ $55 each $_L' D'�Total Tickets @ $30 each$ Combined Total$ Tickets Sales. • Make check payable: NAACP Collier County ($55 1adult- $301under 18) Auction Items. Mail to NAACP Banquet P.O. Box 990727, Naples, FL 34916 or call 239-649-4483 or 239- 455 -2886. We will Not attend but will make a donation ,$ Donations On/VA! In order to qualify as a 501 -G3 Checks must be written as follows: NAACP BTS/SIS Programn!,!� _ Individual /Or anization /Contact Person hmm �SLi�it -�%` V_ IU-t Individual/Organization/Contact Pte. 4` 614'q.;_7 Address /City /State/Zip Code -J G(. olbq r i1 Telephone Number /Fax Number /Email Address /Date Tk1ANK YOU FOR YOUR GENEROUS SUPP6'RT! '2 Agenda Item No. 16H2 September 27, 2005 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONIEVENT: One by One Leadership Foundation of Southwest Florida Meeting / Luncheon ._ PUBLIC PURPOSE: To learn about a prisoner reentry /reintegration program under a contract of the Immokalee Weed and Seed DATE OF FUNCTION/EVENT: September 16, 2005 FISCAL IMPACT: $10.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 27, 2005 r.. Agenda Item No. 161-12 September 27, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H2 Item Summary: Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the One by One Leadership Foundation of Southwest Florida Meeting /Luncheon on September 16, 2005 and is requesting reimbursement in the amount of $10.00 to be paid from his travel budget. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County Commissioners BCC Office 9/1312005 4:11:39 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 9/14/2005 2:38 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/14/2005 6:56 PM Agenda Item No. 16H2 September 27, 2005 Page 3 of 3 y ( �.a Immokalee Weed and Seed has issued a contract to One by One Leadership Foundation of Southwest Florida to commence a prisoner reentry /reintegration program effective August 1, 2005. Rick Heers and John Lawson are pleased to announce that Calvin Lightfoot, a national consultant for Prisoner Reentry programs, will be returning to Immokalee to assist us in setting up our community's collaborative program. We are calling for all community, governmental, private and public service agencies and individuals to join Calvin, Rick, John Lawson and Steve Bellman for an important training/informational / planning meeting on Friday, September 16, 2005 from Noon -3:00 at the One Stop Center -750 5th Street South, Immokalee. Two items of information that may be of interest to you- First, the Leadership Foundation of Southwest Florida is now doing business as the One by One Leadership Foundation so as not to be confused with the Southwest Florida Chamber's Leadership Foundation. We are officially recognized by the state as doing business as One by One Leadership Foundation of Southwest Florida, though our corporate name remains unchanged. Secondly, we wanted you to know that we are currently in the process of submitting a grant to the Department of Labor in cooperation and collaboration with the Collier County Public Schools, Workforce of South Florida, the Sheriff's Department, Council for Adult and Experiential Learning (CAEL), and the Collier County Building Industry Association. The proposal will be forwarded to other funding agencies and if ultimately funded will provide teaching English through job skill training to migrants as well as prisoners. If obtained, it will enable our program to expand way beyond the present Weed and Seed boundaries. Those interested in participating in future applications should attend the upcoming training and contact Rick Heers. If you can attend, we need you to email Rick Heers (rkheers2u @aol.com), or fax a copy of this form to 239 -657- 3430, so that we can plan for the appropriate number of people. You may also call me at 239 - 229 -9970 for further details. If you know of other individuals or service providers who may not be on the Immokalee Inter - Agency Council mailing list, please invite them to attend with you or have them contact me with their questions. x Yes, I plan to attend the meeting. No, I will be unable to attend, but I am definitely interested in being part of this program. Commissioner Jim Coletta, Collier County Gov't District 5 Name Service agency represented Other comments Agenda Item No. 16N3 September 27, 2005 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Southwest Florida Workforce Development Board's Annual Retreat Awards Dinner PUBLIC PURPOSE: To participate in the awards ceremony and represent the County's District 5. DATE OF FUNCTION/EVENT: September 16, 2005 FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 27, 2005 Agenda Item No. 161-13 September 27, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161-13 Item Summary: Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Southwest Florida Workforce Development Board's Annual Retreat Awards Dinner on September 16, 2005 and is requesting reimbursement in the amount of $25.00 to be paid from his travel budget. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County Commissioners BCC Office 9/13/2005 4:29:13 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 911412005 2:56 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911512005 9:57 AM Commissioners Agenda Item No. 161-13 September 27, 2005 �rve �tRc C G I V G D 24311 Walden Cente Pui e 200 SOUTHWEST FLORIDA AUG 10 2005 Bonita Springs, Florida 34134 Phone: 239 - 992 -8000 Board of County Commisw e Fax: 239- 948 -3359 O R K F O R C E Toll Free: 1- 866 - 992 -8463 • EVELOPMENT BOARD, INC. Florida Relay 711 STEVE PERSONETTE, President JOE PAT'ERNO, Executive Director h Comm. Recd Copy To: C011i my p9ard of County Commissioners From: Joe P erno, Vg; utive Director Date: August 8, 2005 Re: 2005 Board Retreat Please mark your calendars for the Annual Board Retreat scheduled for Friday, September 16 and Saturday, September 17, 2005, Marco Island Hilton Beach Resort, 560 South Collier Boulevard, Marco Island, FL 34145, 239 - 394 -5000. The September Board meeting will be held Friday, September 16, 2005, 3:30 p.m., at the Marco Island Hilton Beach Resort. In addition, you and a guest are invited to join us for a dinner and awards ceremony on Friday evening, September 16, 2005. Agenda items for the Annual Retreat will be mailed at a later date. Please RSVP your attendance by COB Wednesday, August 31, 2005, to Benita Richards at 239 - 992 -8000 ext. 240 or brichardsasfwdb.org. Hotel accommodations will be provided and scheduled for Friday, September 16, 2005, only. Should you choose to extend your stay, you will be required to make those arrangements on your own and at your own expense. Please feel free to contact me should you have any questions. We look forward to seeing you in September. Thank you. SERVING CHARLOTTE, COLLIER, GLADES, HENDRY AND LEE COUNTIES Agenda Item No. 16H4 September 27, 2005 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Wake Up Naples Breakfast PUBLIC PURPOSE: To meet and support the Collier County's Chamber members and represent District 5 DATE OF FUNCTION/EVENT: September 21, 2005 FISCAL IMPACT: $17.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 27, 2005 Agenda Item No. 161-14 September 27, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161-14 Item Summary: Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the "Wake Up Naples Breakfast" sponsored by the Naples Chamber of Commerce, on September 21, 2005 and is requesting reimbursement in the amount of $17.00, to be paid from his travel budget. Meeting Date: 912712005 9:00:00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County Commissioners BCC Office 9/1312005 4:27:10 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 9/14/2005 2:55 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1412005 7:04 PM Agenda Item No. 16H4 September 27, 2005 f osiak n Page 3 of 3 Subject: Wake Up Naples! -paid on credit card- reimbursement on 9/27 BCC mtg agenda ($17.00) Location: The Naples Hilton Start: Wed 9/21/2005 7:30 AM End: Wed 9/21/2005 9:00 AM Recurrence: (none) Wake Up Naples! Wednesday, September 21 The Naples Hilton 5111 Tamiami Trail N 7:30 AM Our speaker will be Dr. Allen Weiss on "Your Health and NCH" Sponsored by NCH To register for Business After 5 please open this link! hft://www.gapleschamber.orz/downloads/ba509O5-Rd To register for Wake Up Naples please open this link! http:// www. napleschamber .orgZdownloads/WUN0905.ndf BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 27, 2005 FOR BOARD ACTION: Agenda Item No. 1611 September 27, 2005 Page 1 of 3 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. August 13, 2005_ August 19, 2005. 2. August 20, 2005 — August 26, 2005. August 27, 2005_ September 2, 2005. 4. September 3, 2005 — September 9, 2005. B. Districts: 1. Collier Soil & Water Conservation District: Proposed Budget for 2005 — 2006; Public Facilities Report; Schedule of Regular Meetings for 2005 — 2006; District Map FY05 — 06; Description of Outstanding Bonds; List of Current Board Members. 2. Cedar Hammock Community Development District: Agenda for May 9, 2005; Minutes of May 9, 2005; Proposed Budge Fiscal Year 2006; Memorandum of Voting Conflict for Frank Lorenzo Reynolds dated June 27, 2005; Memorandum of Voting Conflict for John Francis Stanley. C. Minutes: I. Collier County Planning Commission: Revised Agenda for August 18, 2005; Agenda for September 1, 2005; Minutes of July 21, 2005. 2. Collier County Hispanic Affairs Advisory Board: Minutes of March 24, 2005; Agenda for March 24, 2005; Minutes of April 23, 2005; Amended Notice of Meeting & Agenda for April 23, 2005; Minutes of May 26, 2005; Agenda for May 26, 2005. Productivity Committee: Minutes of June 15, 2005. 4. Vanderbilt Beach M.S.T.U.: Agenda for October 6, 2005; Minutes of August 16, 2005. 5. Caribbean Gardens Blue Ribbon Committee: Minutes of July 21, 2005. H:\DATA \Melanie \MELANIE \2005 MISCELLANEOUS CORRESPONDENCE \September 27, 2005 Misc. Crsp..doc Agenda Item No. 1611 September 27, 2005 Page 2 of 3 6. Parks and Recreation Advisory Board: Agenda for June 15, 2005; Minutes of June 15, 2005. 7. Collier County Airport Authority Minutes of August 8, 2005. 8. Collier County Domestic Animal Services Advisory Committee: Community Foundation of Collier County Presentation Summary. 9. Coastal Advisory Committee: Minutes of June 9, 2005. a) Inlet Management Sub - Committee: Minutes of June 3, 2005. 10. Conservation Collier Land Acquisition Advisory Committee: Minutes of June 13, 2005. 11. Environmental Advisory Council: Agenda for September 7, 2005; Minutes of August 3, 2005; Staff Reports of September 7, 2005. D. Other: 1) Memo from Commissioner Henning to Jim Mudd, County Manager, regarding Golden Gate Library dated September 19, 2005 with attachments. 2) Collier Park of Commerce Board of Directors Meeting Minutes of May 19, 2005. 3) 4H Foundation Meeting Agenda for August 16, 2005; Minutes of May 3, 2005. H:\DATA \Melanie \MELANIE\2005 MISCELLANEOUS CORRESPONDENCE \September 27, 2005 Misc. Crsp..doc Agenda Item No. 1611 September 27, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1611 Item Summary: Miscellaneous Correspondence to file for record with action as directed. Meeting Date: 9/27/2005 9:00:00 AM Prepared By Melanie Rodriguez Administrative Aide to the BCC Date Board of County BCC Office 9/20/2005 10:05:44 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 9/2012005 10:27 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/20/2005 2:10 PM Commissioners Agenda Item No. 16,11 September 27, 2005 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16J1 Item Summary: Recommendation to approve writing off Accounts Receivable in the amount of $514,328.80 to comply with Auditor recommendations included in the Management Letter of the Fiscal Year 2004 Collier County Annual Audit. Meeting Date: 9/27/2005 9:00:00 AM Approved By Michael Smykowski Management& Budget Director Date County Manager's Office Office of Management & Budget 9/2112005 12:04 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 912112005 12:52 PM Commissioners Agenda Item No. 16,11 EXECUTIVE SUMMARY September 27, 2005 of 2 Page 2 of 2 Recommendation to Approve Writing Off Accounts Receivable in the Amount of $514,328.80 to Comply with Auditor Recommendations Included in Management Letter of the Fiscal Year 2004 Collier County Annual Audit OBJECTIVE: Board approval of writing off accounts receivable to accurately portray the County's financial position in the financial statements. CONSIDERATIONS: The annual Comprehensive Annual Financial Report (CAFR) is prepared by the Clerk of Courts Finance and Accounting Department to present the County's financial position to taxpayers, government oversight agencies and bond rating agencies. Included in the annual CAFR presentation is a Management Letter from the auditors identifying actionable items that the County should address in the upcoming year. The Management Letter in the FY -04 CAFR recommended the write off of miscellaneous accounts receivable across multiple funds to more accurately present the financial position in various operating and capital project funds in Collier County. As part of the FY -05 audit, the auditors will review by what means the County addressed any issues raised in the FY -04 Management Letter. Therefore, it is important that the actionable items from the FY -04 Management Letter be addressed. The action of writing off the accounts receivable contained within this Executive Summary creates no barriers against pursuing the collection of these receivables. This Executive Summary simply addresses financial disclosure. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. LEGAL CONSIDERATIONS: There are no legal considerations. FISCAL IMPACT: Overall, the accounts receivable recommended to be written off amount to $514,328.80. Specifically, the amount by fund is as follows: Fund Title Fund Amount General Fd 001 Rd & Bridge 101 MSTU Gen Fd 111 Comm Devel 113 Pollution Ctr 114 Urban & Improve Gr 121 Transp Grants 126 800 MHz 188 Cap Proj Fd 301 Parks Capital 306 Transp Capital 313 48,995.88 240,974.65 6,661.75 21,804.42 10,783.86 14,665.00 14,775.31 7,646.82 51,469.36 5,220.00 35,027.44 Fund Title Fund Amount Stormwater Cap Parks Im Fee Parks Im Fee Mandatory Trash EMS Airport Prop & Causality Health & Life Worker's Comp Deposit Fund 325 18,000.00 346 20.00 368 400.00 473 115.02 490 125.00 495 142.40 516 31,618.00 517 5,679.69 518 200.00 670 4.20 RECOMMENDATION: That the Board of County Commissioners authorize the Finance and Accounting Department to write off $514,328.80 of accounts receivable in order to comply with the FY- 04 Management Letter recommending such action. Prepared by: Derek M. Johnsen, General Accounting Manager Clerk of Courts Finance and Accounting Department Agenda Item No. 16K1 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve Agreed Order Awarding Engineering Expert Fees and Costs in the amount of $9,250.00 for Parcel Nos. 141, 841, and 143 in the lawsuit styled Collier County v Primera Iglesia Crisdana Manantial De Vida, Inc., et al., Case No. 03- 2372 -CA (Golden Gate Parkway Project 60027). (Fiscal Impact $9,250.00) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Engineering Expert Fees and Costs as to Parcel Nos. 141, 841 and 143 in the lawsuit styled Collier County v. Primera Igesia Cristiana Manantial De Vida, Inc., et al., Case No. 03- 2372 -CA (Golden Gate Parkway Project 60027). CONSIDERATIONS: The parties reached a mediated settlement and a Stipulated Final Judgment was entered on June 16, 2005, by Judge Brousseau. Pursuant to §73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding. The property owner submitted invoices for engineering fees and costs totaling $12,000.00. Through negotiation, the parties have agreed to $9,250.00. If the settlement is approved, the County is responsible for the following costs: • Engineering Expert Fees & Costs: $9,250.00 TOTAL COST: $9,250.00 See attached Agreed Order Awarding Engineering Expert Fees and Costs. FISCAL IMPACT: Funds in the amount of $9,250.00 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 adopted budget. Source of funds are Impact Fees and Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve the Agreed Order Awarding Engineering Expert Fees and Costs; 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Agenda Item No. 16K1 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 Recommendation to approve Agreed Order Awarding Engineering Expert Fees & Costs of Item Summary: $9,250 for P. 141; 841, & 143 in the case CC v. Primera Iglesia Cristiana Manantial De Vida, Case No. 03- 2372 -CA (Golden Gate Pkwy Project 60027).(Fiscal Impact $9,250) Meeting Date: 9/27/2005 9:00:00 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 919/2005 5:29 PM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and 9112/2005 7:10 AM Transportations Services Construction Management Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9112/2005 8:43 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 911212005 12:55 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Engineering and Transportation Services Construction 911212005 12:57 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Services Transportation Administration 9/12/2005 3:05 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 911512005 9:48 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9115/2005 10:22 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911512005 11:27 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911512005 4:44 PM Commissioners Agenda Item No. 16K1 September 27, 2005 Page 3 of 4 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, V. Case No. 03- 2372 -CA PRIMERA IGLESIA CRISTIANA Parcel Nos.: 141, 841, 143 MANANTIAL DE VIDA, INC., et al., Respondent. AGREED ORDER AWARDING ENGINEERING EXPERT FEES AND COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, and Respondent, PRIMERA IGLESIA CRISTIANA MANANTIAL DE VIDA, INC., for entry of an Agreed Order Awarding Engineering Expert Fees and Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent, PRIMERA IGLESIA CRISTIANA MANANTIAL DE VIDA, INC., have and recover from Petitioner, COLLIER COUNTY, the sum of Nine Thousand Two Hundred Fifty Dollars and No /100 ($9,250.00) for engineering services with respect to Parcel Nos. 141, 841 and 143; and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of this Order, pay the sum of Nine Thousand Two Hundred Fifty Dollars and No /100 ($9,250.00) for engineering fees and costs to Paul A. Blucher, P.A. Trust Account, c/o Law Offices of Paul A. Blucher, P.A, 434 South Washington Boulevard, 2nd Floor, Sarasota, Florida 34236, for proper disbursement of expert fees and costs. 1 Agenda Item No. 16K1 September 27, 2005 Page 4 of 4 ORDERED AND ADJUDGED that the Court continues to retain jurisdiction to determine the Respondent's remaining experts' fees and costs and supplemental attorney's fees and costs, if any, to be assessed against Petitioner in this matter, pursuant to Sections 73.091 and 73.092(2), Florida Statutes. DONE AND ORDERED in Chambers, at Naples, Collier County, Florida this day of 32005. JUDGE TED BROUSSEAU CIRCUIT COURT JUDGE Conformed copies to: Ellen T. Chadwell, Esquire Paul A. Blucher, Esquire Terrell R. Raburn, R.A. Brian R. Brattebo, Esquire Bookkeeping JOINT MOTION FOR AGREED ORDER AWARDING ENGINEERING EXPERT FEES AND COSTS The Parties hereby respectfully request this Court to enter the foregoing Agreed Order Awarding Engineering Expert Fees and Costs as to Parcel Nos. 141, 841. and 143. PAUL A. BLUCHER, ESQUIRE Florida Bar No: 860409 Law Offices of Paul A. Blucher, P.A. 434 South Washington Blvd., 2nd Floor Sarasota, Florida 34236 (941) 955 -4019; fax (941) 955 -4889 Attorney for Respondent Primera Iglesia Cristiana Manantial De Vida, Inc. ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400; fax (239) 774 -0225 Attorney for Petitioner Dated: Dated: 2 Agenda Item No. 16K2 September 27, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve Agreed Order Awarding Engineering Expert Fees and Costs in the amount of $3,650.00 for Parcel Nos. 142, 742A, 742B, and 942 in the lawsuit styled Collier County v. Parkway Community Church of God, et al., Case No. 03- 2374 -CA (Golden Gate Parkway Project 60027). (Fiscal Impact $3,650.00) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Engineering Expert Fees and Costs as to Parcel Nos. 142, 742A, 742B, and 942 in the lawsuit styled Collier County v. Parkway Community Church of God, et al., Case No. 03- 2374 -CA (Golden Gate Parkway Project 60027). CONSIDERATIONS: The parties reached a mediated settlement and a Stipulated Final Judgment was entered on June 16, 2005, by Judge Monaco. Pursuant to §73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding. The property owner submitted invoices for engineering fees and costs totaling $4,025.50. Through negotiation, the parties have agreed to settlement for $3,650.00. If the settlement is approved, the County is responsible for the following costs: • Engineering Expert Fees & Costs: $3,650.00 TOTAL COST: $3,650.00 See attached Agreed Order Awarding Engineering Expert Fees and Costs. FISCAL IMPACT: Funds in the amount of $3,650.00 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 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 Agreed Order Awarding Engineering Expert Fees and Costs; 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Agenda Item No. 16K2 September 27, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K2 Item Summary: Recommendation to approve Agreed Order Awarding Engineering Expert Fees & Costs for $3,650 for Parcels 142 742A, 74213, & 942 in Collier County v. Parkway Community Church of God, Case No. 03- 2374CA (Golden Gate Pkwy Project 60027).(Fiscal Impact 53,650) Meeting Date: 9127/2005 9:00:00 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9/912005 5:33 PM Approved By Eugene Calvert Principal Project Manager Date County Manager's Office Transportation Engineering and 9/1512005 11:29 AM Transportations Services Construction Management 9/1212005 7:08 AM Approved By County Manager Date Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 911212005 8:37 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 9/12/2005 12:55 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Engineering and Transportation Services Construction 9/1212005 12:56 PM Approved By Lisa Taylor Management/BudgetAnalyst Date Transportation Services Transportation Administration 9112/2005 3:04 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 9/15/2005 9:50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9115/2005 10:21 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1512005 11:29 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9116/2005 8:07 PM Agenda Item No. 16K2 September 27, 2005 Page 3 of 4 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, vs. PARKWAY COMMUNITY CHURCH OF GOD, et al., Respondent. Case No.: 03- 2374 -CA Parcel Nos.: 142, 742A, 74213, 942 AGREED ORDER AWARDING ENGINEERING EXPERT FEES AND COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, and Respondents, PARKWAY COMMUNITY CHURCH OF GOD and HAROLD COUTTS, STANLEY DYKES and LARRY WISDOM, as Successor Trustees, for entry of an Agreed Order Awarding Engineering Expert Fees and Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, PARKWAY COMMUNITY CHURCH OF GOD and HAROLD COUTTS, STANLEY DYKES and LARRY WISDOM, as Successor Trustees, have and recover from Petitioner, COLLIER COUNTY, the sum of Three Thousand Six Hundred Fifty Dollars and No /100 ($3,650.00) for engineering services with respect to Parcels 142, 742A, 742B and 942; and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of this Order, pay the sum of Three Thousand Six Hundred Fifty Dollars and No /100 ($3,650.00) for engineering fees and costs to Paul A. Blucher, P.A. Trust 1 Agenda Item No. 16K2 September 27, 2005 Page 4 of 4 Account, c/o Law Offices of Paul A. Blucher, P.A, 434 South Washington Boulevard, 2nd Floor, Sarasota, Florida 34236, for proper disbursement of expert fees and costs. ORDERED AND ADJUDGED that the Court continues to retain jurisdiction to determine the Respondents' remaining experts' fees and costs and supplemental attorney's fees and costs, if any, to be assessed against Petitioner in this matter, pursuant to Sections 73.091 and 73.092(2), Florida Statutes. DONE AND ORDERED in Chambers, at Naples, Collier County, Florida this of , 2005. DANIEL R. MONACO CIRCUIT COURT JUDGE Conformed copies to: Ellen T. Chadwell, Esq. Paul Arthur Blucher, Esq. Bookkeeping JOINT MOTION FOR AGREED ORDER AWARDING ENGINEERING EXPERT FEES AND COSTS day The Parties hereby respectfully request this Court to enter the foregoing Agreed Order Awarding Engineering Expert Fees and Costs as to Parcels 142, 742A, 742B and 942. PAUL A. BLUCHER, ESQUIRE Florida Bar No: 860409 Law Offices of Paul A. Blucher, P.A. 434 South Washington Blvd., 2nd Floor Sarasota, Florida 34236 (941) 955 -4019; fax (941) 955 -4889 Attorney for Respondents Parkway Community Church of God, Harold Coutts, Stanley Dykes and Larry Wisdom, as Successor Trustees ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400; fax (239) 774 -0225 Attorney for Petitioner Dated: Dated: 2 Agenda Item No. 16K3 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Consider Proposed Settlement Agreement in reference to Florida State Underground, Inc. v. Collier County, Case No. 03- 4177 -CA, now pending in the Twentieth Judicial Circuit, Collier County, Florida and give direction to County Attorney regarding the litigation. OBJECTIVE: Consider litigation strategy and advise the Board of County Commissioners of the settlement agreement in reference to Florida State Underground, Inc. v. Collier County, Case No.03- 4177 -CA, now pending in the Twentieth Judicial Circuit, Collier County, Florida. The Board to give direction to County Attorney regarding the litigation. CONSIDERATIONS: On or about October 8, 2003, Florida State Underground, Inc., (hereinafter "FSU "), filed suit against Collier County regarding its contract with the County on the Golden Gate Wellfield Reliability Project. Collier County filed a Motion to Dismiss or Abate on October 23, 2003 and a hearing in this matter was set. The Court denied the Motion to Dismiss and the County filed its Answer, Affirmative Defenses and Counterclaim on December 11, 2003. On May 20, 2005 Collier County filed a motion for Summary Judgment on the issue of damages claimed by FSU. The County's motion was granted by the Court and approximately $108,000.00 of Plaintiffs claim was dismissed. On July 14, 2005, FSU and counsel for the County met in a mediation requested by the Plaintiff. ,.- After many hours of negotiation, a settlement offer was tentatively agreed upon as follows: 1. The County shall release a retainage (in monies withheld from payment) in the amount of $113,877.14 to FSU without interest. 2. FSU will bear all responsibility for the payment of any claims of non - payment by any sub - contractor hired by FSU on the Golden Gate Wellfield Reliability Project. 3. FSU will dismiss its lawsuit against the County. 4. The County will dismiss its counterclaim against FSU. FISCAL IMPACT: If the proposed settlement is approved, the funds will be paid out of the Public Utilities retainage account No. 412- 273511- 763100 - 700661 & 701241. This money was budgeted for and available as funds for the Golden Gate Wellfield Reliability Project. No costs beyond the budgeted amount will be spent. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Collier County Board of County Commissioners consider the settlement offer and give the Office of the County Attorney direction in the litigation. PREPARED BY: Jacqueline Williams Hubbard, Assistant County Attorney .� 03.0197/1130 Agenda Item No. 16K3 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K3 Item Summary: Consider Proposed Settlement Agreement in reference to Florida State Underground, Inc. v. Collier County, Case No. 03- 4177 -CA, now pending in the Twentieth Judicial Circuit. Collier County, Florida and give direction to County Attorney regarding the litigation. Meeting Date: 9127/2005 9:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 9115/2005 10:08 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9115/2005 11:06 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1612005 9:03 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1612005 12:12 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9!1612005 4:46 PM Commissioners r^ Agenda Item No. 16K4 September 27, 2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel Nos. 118 and 718 in the lawsuit styled Collier County v. Rafael Liy, et al., Case No. 05- 752 -CA (Collier County Boulevard 951 Project 65061). (Fiscal Impact $54,397.50) OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment for payment of full compensation, expert fees and costs, for the taking of Parcel Nos. 118 and 718 in the lawsuit styled Collier County v. Rafael Liy, et al., Case No. 05- 752 -CA (Collier County Boulevard 951 Project 65061). CONSIDERATIONS: The County acquired the subject property by entry of a Stipulated Order of Taking and by depositing the sum of $71,800.00. At mediation, the County and Respondents, Garth Butterfield, Susan Butterfield and Collier Commercial Cleaning, Inc., negotiated the proposed settlement of $100,000.00 as full compensation for the taking of Parcel Nos. 118 and 718. In addition the mediated settlement provides for payment of attorney's fees in the amount $12,589.50 and $13,608.00 for all expert fees and costs in this case. If approved, the County will have the following costs: • Additional Compensation: $ 28,200.00 • Expert Witness Fees: $ 13,608.00 • Statutory Attorney's Fees *: $ 12,589.50 TOTAL: $ 54,397.50 * 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 ($100,000 - $61,850). Attached is the Mediated Settlement Agreement and Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $54,397.50 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 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 Mediated Settlement Agreement and Stipulated Final Judgment as to Parcel Nos. 118 and 718; 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Agenda Item No. 16K4 September 27, 2005 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K4 Item Summary: Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 118 and 718 in the lawsuit styled Collier County v. Rafael Liy, et al., Case No. 05- 752 -CA (Collier Blvd 951 Project 65061).(Fiscal Impact $54,397.50) Meeting Date: 9127/2005 9:00:00 AM Approved By Sharon Newman g Supervisor Accountin Su p Date Transportation Services Transportation Administration 9112!2005 1:54 PM Approved By Approved By Lisa Taylor Management/Budg'et Analyst Date Transportation Services Transportation Administration 9/1212005 2:59 PM Approved By 9!13/200512:01 PM Eugene Calvert Project Manager Principal Pro p 1 Date Transportation Engineering and 911212005 3 :22 PM Transportations Services Construction Management Attorney Office County Approved By Way Right Of Kevin Hendricks 9 Y Manager Date Transportation Engineering and 9/1212005 5:54 PM Transportation Services Construction Approved By Norm E. Feder, AICP Transportation Division Administrator p Date Transportation Services Transportation Services Admin. 911312005 10:42 AM Approved By Ellen T. Chadwell Assistant Count y Attorney Date County Attorney Count Attorney Y Y Office 9!13/200512:01 PM Approved By David C. Weigel Count Attorney Y Y Date County Attorney Attorney Office County 9/15/2005 10:38 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management &Budget 9/1612005 8:52 AM Approved By Michael Smykowski Management & Budget Director 9 Date County Manager's Office Office of Management &Budget 9/16/2005 9:07 AM Approved By James V. Mudd Y Manager Count Mana g Date Board of County County Manager's Office 911612005 10:19 AM Commissioners Agenda Item,No. 16K4 September 27, 2005 Page 3 of 10 IN THE CIRCUIT COURT OF TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA C1VIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, V. RAFAEL LIY, et al., Petitioner, Respondents. CASE NO.: 05- 752 -CA -TB PARCEL NOS.: 118, 718 (Butterfield) MEDIATED S TTLEMENT AGREEMENT At a Mediation Conference held on August 29, 2005, the parties reached the following Settlement Agreement: 1. PetitioQer will pay Respondent(s), a Id Suyan $cf}�r�olr� the sum of .ff 100, oW . !!la o in full settlement o an d claims f or com �s�tion from Petitioner whatsoever, including statutory interest, . M H RQ,�c #OUcFs,Yk� ZIAC- r marQ sr� OF �d,5�9 sj✓ ,«, dull ,v�r�f��arr� �a�s;w�J+Co asses c�a' eta- �i�o,;a�sut �f' �r3,6o8. /ioo �A �!I s��oF��a•�dc�Jlc�ri�s rare�p�'� %� � �m�, 2. Petitioner is entitled to a credit in the amount of Q " which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel forPetitionerand Respondent(s) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. R�� ttri wt -a jW-*. -0 eaf�� ate' s.. w/lA ry ` a,+� On�w.' J,s7 7�+eo rear ��r, %S. 4. Petitioner will pay Respondent(s) the balance due of �1j' 6- j I47 within thirty (30) days of the entry of the Stipulated Final Judgment by the Court. _Aga Item No. 16K4 -- ep €ember 27, 200 Page 4 of 10 .r This agreme� is subject �proval by the Board of County Commissioners of c} 3 r � Collier County, Florida h +►� f �b' ` 1 D (0, Y. Attached hereto is an Addendum to the Agreement.. Yes v wo -7.8. This Agreement and the attached addendum, if any, contain(s) all of the nareements of the parties. Attorney for Petitioner lr... 2 Attorney for Respondents � • a ar T T- .r This agreme� is subject �proval by the Board of County Commissioners of c} 3 r � Collier County, Florida h +►� f �b' ` 1 D (0, Y. Attached hereto is an Addendum to the Agreement.. Yes v wo -7.8. This Agreement and the attached addendum, if any, contain(s) all of the nareements of the parties. Attorney for Petitioner lr... 2 Attorney for Respondents Agenda Item No. 16K4 September 27, 2005 Page 5 of 10 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. RAFAEL LIY, et al., Respondents. Case No. 05- 752 -CA -TB Parcel Nos.: 118,718 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel and Respondents, GARTH BUTTERFIELD, SUSAN BUTTERFIELD and COLLIER COMMERCIAL CLEANING, INC., (hereinafter "Respondents ") by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 118 and 718, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, GARTH BUTTERFIELD and SUSAN BUTTERFIELD, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Hundred Thousand and 00 /100 Dollars ($100,000.00), which includes the good faith estimate of value of $71,800 deposited by Petitioner for Parcel Nos. 118 and 718, 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. 16K4 September 27, 2005 Page 6 of 10 ORDERED that Respondents, shall receive pursuant to Florida Statutes §73.092(l), as a reasonable attorney's fee, the sum of Twelve Thousand Five Hundred Eighty Nine and 50/100 Dollars ($12,589.50), based on a benefit to the property owners of $38,150. Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above - styled cause of action as it relates to Parcel Nos. 118 and 718; it is further ORDERED that Respondents, shall receive as full settlement of any and all claims for expert fees and costs the sum of Thirteen Thousand Six Hundred Eight and No /100 Dollars ($13,608.00); it is further ORDERED that no business damages shall be awarded in this cause; it is further ORDERED that within thirty (30) days of entry of this order, Petitioner shall pay Respondents, GARTH BUTTERFIELD, SUSAN BUTTERFIELD, the total amount of Fifty Four Thousand Three Hundred Ninety Seven and 50 /100 Dollars ($54,397.50) made payable to Fowler White Boggs Banker, P.A. Trust Account, c/o Fred S. Werdine, Esq., 501 E. Kennedy Blvd., Suite 1700, Tampa, FL 33602, for proper disbursement in accordance with this Order; it is further ORDERED that the Clerk of this Court shall disburse the good faith deposit in sum,of Seventy One Thousand Eight Hundred and 00/100 Dollars ($71,800.00) to Fowler White Boggs Banker, P.A. Trust Account, c/o Fred S. Werdine, Esq., 501 E. Kennedy Blvd., Suite 1700, Tampa, FL 33602, for proper disbursement; it is further ORDERED that disbursement to Respondents, is subject to any apportionment claims of Respondents, Bank of Naples a Florida corporation, and Mortgage Electronic Registration System, Inc.; it is further ORDERED that title to Parcel Nos. 118 and 718, a fee simple and temporary construction easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested 2 Agenda Item No. 16K4 September 27, 2005 Page 7 of 10 in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September 7, 2005, 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 3790, Page 2512 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 14 8 and 718; it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the sum of $ , interest earned on the funds on deposit, 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; it is further ORDERED that the terms of Mediated Settlement Agreement entered into by the parties on August 29, 2005, are incorporated herein and made a part hereof; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of 2005. Conformed copies to: Ellen T. Chadwell, Esquire Fred S. Werdine, Esq. Mortgage Electronic Registration System, Inc. Bank of Naples, a Florida corporation E. Glenn Tucker, Esquire Bookkeeping TED BROUSSEAU CIRCUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT 3 Agenda Item No. 16K4 September 27, 2005 Page 8 of 10 The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel Nos. 118 and 718. Dated: FRED S. WERDINE Florida Bar No. 0614483 FOWLER WHITE BOGGS BANKER, P.A. 501 E. Kennedy Blvd., Suite 1700 Tampa, FL 33602 (813) 222 -3302 - Telephone (813) 229 -8313 - Facsimile ATTORNEY FOR RESPONDENTS, GARTH & SUSAN BUTTERFIELD, PETITIONER COLLIER COMMERCIAL CLEANING, INC. El Dated: ELLEN T. CHADWELL Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building, 8t" Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile ATTORNEY FOR EXHIBIT 1 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 5TH AVE. N.W. L LINE TABLE LINE LENGTH BEARING L63 55.00 S89'31'28 "W L64 55.00 N89'31'28 "E LEGAL DESCRIPTION A portion of the North 180 feet of Tract I I 1 Golden Gate Estates Unit No. 2, Plot Book 4, Pages 75 -76, Collier County, Florida, being more Particularly described as follows: Beginning at the Northeast corner of Tract 111; thence S.00'28'32 "E. along the East line of Tract 111, a distance Of 180.00 feet to its intersection with the South line of the North 1/2 of Tract 111; thence 5.89'31'28 "W. along said South line, a distance of 55.00 feet; thence N.00- 28'32 "W., a distance of 180.00 feet to its intersection with the North line of Tract 111; thence N.89'31'28 "E. along the North line of Tract 111, a distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,900.00 square feet or 0.2273 acres, more or less. DAVID J. HYf 1T, P.S.M. (FOR THE FIRM) FLORIDA LIC. NO. 5834 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 N0.: '65061 PARCEL N0.: 18 t�Vil ft,mllei " J i.era ' Kobyrb ' aww"M - Lmdc,,w MaNrcr • tires cream avNartr WhwAeer, ha L"ah oo• xqR " � -MM •&Rblw -Top AAMIEW •n n zseoraa -FV 9640,"- rr trft nubmeeme 2D03 — 13:30:32 MLAMUREIX: \suR \uM1lt�ow.�w,rv. ...._ I PEF44, I I re, • L63 Benda 4 Ite a. F� Septe r 2fli� Page of 10 3 1= I I � I >r LO Ul NOTES: 1. This is not a survey. I rn 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right —of —Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement_ 10. U.E. represents Utility Easement. FEE Slklf't INTEREST �r I em 0 25 so 100 200 GRAPHIC SCALE 'ER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION N6015 -005 -000 L -812 60' RIGHT -OF -WAY EASEMENT 5TH AVE. N.W. L13 30' - L133 EXHIBIT Jq ARCEL �- n CD ------ TRACT ------------------------- -- ---- EL— -- Ll 35 111 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT 112 LEGAL DESCRIPTION A portion of the north 1 BO feet of Tract 1 1 1 Golden Gate Estates Unit No. 2, Plat Book 4, pages 75 -76, of the Public Records of Collier County, Florida, being more particularly Jescribed as follows: Commencing at the Northeast corner of Tract 111; thence S.00'28'32 "E. along the East line )f Tract 111 a distance of 30.00 feet to its ntersection with the South line of the 5TH AVE. N.W. right —of —way easement; thence 3.89'31'28 "W. along said South line, a distance >f 55.00 feet to the POINT OF BEGINNING; hence S.00'28'32 "E., a distance of 150.00 eet to its intersection with the South line of he North 180 feet of Tract 111; thence 89'31'28 "W. along said South line, a distance If 5.00 feet; thence N.00'28'32 "W., a distance d 150.00 feet to its intersection with the �outh line of the 5TH AVE. N.W. right —of —way asement; thence N.89'31'28 "E. along said outh line, a distance of 5.00 feet to the DINT OF BEGINNING. ontaining 750.00 square feet or 0.0172 Gres, more or less. o ' . Page 10 of 10 U I c fW M i I � I I i :� rn ua U U I �I �I I NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right —of —Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E, represents Landscape Buffer Easement. 10. U.E. represents Utility Easement, CONSTRUC'110H EASEMEN'r (DURATION: 3 YEARS FROM / Jf . COMMENCEMENT OF CONSTRUCTIlON) ::;T / G J-DJJ 4VID JJ.;�-IY.S.M. (FOR THE FIRM) _ORIDA LIC. NO. 5834 -0) (DATE SIGNED) �DT VALID WITHOUT THE SIGNATURE AND THE 2GINAL RAISED SEAL OF A FLORIDA LICENSED JRVEYOR AND MAPPER. _RTIFICATE OF AUTHORIZATION LB #43 NO.: 65037 I PMCa. N0.: 718 1 rwMI" M1WIAORo W • gkvk'" . F I A I • e,,,,f,n • I M W1 M%fi r; tNw =1021 *� • a.sMe • i'.w L" aftim •NF% •Ra+ a940-aa • w M"000. 9bQb w�ia�drmr 2003 — 11:36:66 MLAMUREI %: \SUR \Neo10 \951edloo.dnq COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIP77ON _._ PROJECT NO.: ..�_.__.._ 09/2003 N6015- 005 -000 ;fe ov xxx I 2L -81 Agenda Item No. 16K5 September 27, 2005 Page 1 of 5 Executive Summary Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $124,670.00 for the Acquisition of Parcels 108 and 708 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05- 0620 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $58,987.38) OBJECTIVE: That the Board 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 compensation to be paid for the acquisition of Parcels 108 and 708 in the lawsuit styled Collier County v. Louis Cerminara, et al., Case No. 05- 0620 -CA (County Road Project No. 65061). CONSIDERATIONS: The County will acquire the subject property by entry of an Order of Taking on September 27, 2005. The amount to be deposited in the court registry will be $81,000.00 for Parcels 108 and 708. The County and Respondents have negotiated a settlement of $124,670.00 for full compensation. If the settlement is approved, the County is responsible for the following costs: • Additional Deposit/Disbursement Amount: $ 43,670.00 • Expert Fees: To be determined %'� • Attorney's Fees: $ 15,317.38 TOTAL: $ 58,987.38 Attached is the Mediated Settlement Agreement. FISCAL IMPACT: Funds in the amount of $58,987.38 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Mediated Settlement Agreement; 2. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; 3. approve the expenditure of funds as stated; and 4. direct staff to make disbursement of the funds. 110 PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attomey Agenda Item No. 16K5 September 27, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K5 Item Summary: Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $124,670.00 for the Acquisition of Parcels 108 and 708 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05- 0620 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $58,987.38) Meeting Date: 9/27/2005 9:00:00 AM Prepared By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 9/12/2005 8:27:34 AM Approved By Norm E. Feder, AIGP Transportation Division Administrator Date Transportation Services Transportation Services Admin. P 9/12/2005 8:45 AM Approved By Eugene Calvert Principal Project Manager p 1 Date Transportation Engineering and 9/1212005 12:29 PM Transportations Services Construction Management Approved By m Kevin Hendricks 9 Y Manager Way Right Of q Date Transportation Engineering and 9/12/2005 12:56 PM Transportation Services Construction Approved By Lisa Taylor Manage ment/BudgetAnalyst Date Transportation Services Transportation Administration 9/12/2005 2:47 PM Approved By Sharon Newman g Supervisor Accountin Su Date Transportation Services Transportation Administration 9/12/2005 3:18 PM Approved By David C. Weigel Count Attorney Y Y Date County Attorney Count Attorney Y Y Office 9/15/2005 11:10 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 8 Budget 9/16/2005 8:43 AM Approved By Michael Smykowski Management &Budget Director Date County Manager's Office Office of Management &Budget 9/16/2005 12:07 PM Approved By James V. Mudd Count Mana er Y g Date Agenda Item No. 16K5 September 27, 2005 Page 3 of 5 Board of County Commissioners County Manager's Office 9/1612005 3:43 PM r Agenda Item No. 16K5 September 27, 2005 Page 4 of 5 IN THE CIRCUIT COURT OF TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. LOUIS E. CERM NARA, et al., CASE NO.: 05- 0620 -CA PARCEL NOS.: 108 & 708 (Ramirez) Respondents. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on August 29, 2005, the parties reached the following Settlement Agreement: J 1. Petitioner will pay Respondent(s), mart �` LG�''� 1 �M°� a -- ri1 Q,rlrr the sum f .# /ash �Q• �Jea _ in frill settlement of any and all claims for campensati�s from Petitioner whatsoever, including statutory interest, Qd *� excluding u /� 31 3��D Al and costs. k4'rh *za WIN pay R s � m A// 1C#'`(�f 0f an y o d allCA);;4s � �" . 2. Petitioner is entitled to a credit in the amount of —0— which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondent(s) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. R• Oa�davES t a�Ao� do a wc�ib Q J ¢'+ w-A fPif� for ��,� W Ab1 D fAA of jf in f�tr9 /kQ7�7�1: ' r 4_ Petitioner will pay Respondent(s) the balance due of /.�7 /in within thirty (30) days of the entry of the Stipulated Final Judgment by the Court_ Agend6ltem No. 16K5 September 27, 2005 Page 5 of 5 5. The Court will retain jurisdiction herein as to the matter of Respondent's y23 s experts' fees, and costs. 6. This agreement is subject to approval by the Board of County Commissioners of County, Florida. 7. Attached hereto is an Addendum to the Agreement. Yes V/ No 8. This Agreement and the attached addendum, if agreements of the parties. / 4efitior `�/k�++dv gnh4tTss[S /Respondent Attorney far Petitioner { {Et t� t F. A-S kn ry Respondent 2 , contaia(s) all of the 45�� k - Iao — Attorney for Respondents Agenda Item No. 16K6 September 27, 2005 Page 1 of 7 Executive Summary Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $221,300.00 for the Acquisition of Parcels 107 and 707 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05- 0620 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $73,300.26) OBJECTIVE: That the Board 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 compensation to be paid for the acquisition of Parcels 107 and 707 in the lawsuit styled Collier County v. Louis Cerminara, et al., Case No. 05- 0620 -CA (County Road Project No. 65061). CONSIDERATIONS: The County will acquire the subject property by entry of an Order of Taking on September 27, 2005. The amount to be deposited in the court registry will be $170,900.00 for Parcels 107 and 707. The County and Respondents have negotiated a settlement of $221,300.00 for full compensation. If the settlement is approved, the County is responsible for the following costs: • Additional Deposit /Disbursement Amount: $ 50,400.00 • Expert Fees: To be determined ''— • Attorney's Fees: S22,900.26 TOTAL: $ 73,300.26 Attached is the Mediated Settlement Agreement. The following condition is also part of the settlement: County agrees to construct a 20 -foot wide driveway connection to Respondents' remainder property. Respondents' engineer shall provide Petitioner with the specific centerline location for said driveway which shall be incorporated into the Stipulated Final Judgment. Respondents agree that this driveway shall be the only driveway connection to Respondents' remainder property that will be constructed by Petitioner. FISCAL IMPACT: Funds in the amount of $73,300.26 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the Mediated Settlement Agreement; Agenda Item No. 16K6 September 27, 2005 Page 2of7 2. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; 3. approve the expenditure of funds as stated; and 4. direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney i^.. Agenda Item No. 16K6 September 27, 2005 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K6 Item Summary: Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $221,300.00 for the Acquisition of Parcels 107 and 707 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05- 0620 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $73,30016) Meeting Date: 9/27/2005 9:00:00 AM Prepared By Heidi F. Ashton Assistant County Attorney Date Y County Attorney Count Attorney Office 9/12/2005 1:19:41 PM Approved By Lisa Taylor Mana ement/BudgetAnalyst g Date Transportation Services Transportation Administration 9112/2005 2:48 PM Approved By Sharon Newman g Supervisor Accounting Date Transportation Services Transportation Administration 9/12/2005 3:07 PM Approved By Eugene Calvert Project Manager Principal Pro p j Date Transportation Engineering and 9/12/2005 3:21 PM Transportations Services Construction Management Approved By Kevin Hendricks 9 Y Manager Way Right Of q Date Transportation Engineering and 911212005 5:47 PM Transportation Services Construction Approved By Norm E. Feder, AICP Transportation Division Administrator P Date Transportation Services Transportation Services Admin. 9/1312005 10:40 AM Approved By David C. Weigel Count Attorney Y Y Date County Attorney County Attorney Office 9115/2005 11:12 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management &Budget 9/16!2005 8:43 AM Approved By Michael Smykowski Management &Budget Director Date °— County Manager's Office Office of Management &Budget 9/1612005 12:07 PM Approved By James V. Mudd Count Mana er Y 9 Date Agenda Item No. 16K6 September 27, 2005 Board of County Page 4 of 7 Commissioners County Manager's Office 9(1612005 4:37 PM Agenda It6m Nq'. A6K6 September 27, 2005 Page 5 of 7 IN THE CIRCUIT COURT OF TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL AMON COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. LOUIS E. CERA IINARA, et al Respondents. CASE NO.: 05- 0620 -CA PARCEL NOS.: 107 & 707 (Rodrigues) MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on August 30, 2005, the parties reached the following Settlement Agreement: 1. Petitioner will pay Respondent(s)> Wal#r Rodr �ru and r' the sum of in full settlement of any and all claims f or compensation . from Petitioner whatsoever, including statutory interest, but excluding at� expel' fees in Sul r . la oFa�i o fd � s ►� �` 40, I*- d � o GO P�+i f rower It cy ea ia/u �, i and costs c4w-4 dr r '+ j' � in 7 �5 .0 - • t 2. Petitioner is entitled to a credit in the amount of C.7-'" which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for petitioner and Respondent(s) will joirttly submit to the Court fors' a mutuall yr roved form of Stipulated Final lodgment of this matter as soon as practical hereafter. Re po+� � -Fu�fh�r e -fv e r#�zr info a Sf-r'pK k�i k/i�lsr f fi'a�e� �r � 0 P an OMt &-oC Tn �`li�s *air: 4. Petitioner will pay Respondent(s) the balance due of �ay`>r, �• within thirty (30) days of the entry of the Stipulated Final Judgment by the Court. � i1F ! 7 l Agenda Item No. 16K6 September 27, 2005 Page 6 of 7 5_ - The Count will retain jurisdiction herein as to the matter of Respondent's Mar cYz&fees. experts' fees, and costs. 6. This agreement is subject to approval by the Board of County Commissioners of Collier County, Florida. 7. Attached hereto is an Addendum to the Agreement. V Yes No 8. This Agreement and the attached addendum, if any, contain(s) all of the agreements of the_parties. oPetitionidr K�.N ff+- cetd -..uL ,,.�s�.c�evr a1- Respondent - - R. k 1- 0P W&V A-t b"'i IA I.c Attorney far Petitioner i , Respondent +-d ctcc; AsH� 2 h A J�� Attorney for Respondents I u t � _M_ l -V.1 It sl.a_ i_Il 11:j This settlement is made subject to the following additional conditions: A. / Af-O ov- a9'/ ri COftSfuc Lt 7`W 'P �9L i ccy Petitioner • rn` 'r yrs... � W, /AM�-- ' - pond r r r r '-.rrnd.n Agenda Item No. 16K7 September 27, 2005 Page 1 of 7 Executive Summary Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $129,500.00 for the Acquisition of Parcels 106 and 706 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05- 0620 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $63,186.22) OBJECTIVE: That the Board 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 compensation to be paid for the acquisition of Parcels 106 and 706 in the lawsuit styled Collier County v. Louis Cerminara, et al., Case No. 05- 0620 -CA (County Road Project No. 65061). CONSIDERATIONS: The County will acquire the subject property by entry of an Order of Taking on September 27, 2005. The amount to be deposited in the court registry will be $83,900.00 for Parcels 106 and 706. The County and Respondents have negotiated a settlement of $129,500.00 for full compensation. If the settlement is approved, the County is responsible for the following costs: Additional Deposit/Disbursement Amount: $ 45,600.00 • Expert Fees: To be determined ' . Attorney's Fees: $ 17.586.22 TOTAL: $ 63,186.22 Attached is the Mediated Settlement Agreement. The following conditions are also part of the settlement: County agrees to request Florida Power & Light Company to relocate its utility pole for transmission lines, located adjacent to Respondents' property, to the east side of County Road 951 and to assist in obtaining the approval of South Florida Water Management District for said utility pole relocation. County agrees to construct a 20 -foot wide driveway connection to Respondents' remainder property. Respondents' engineer shall provide Petitioner with the specific centerline location for said driveway which shall be incorporated into the Stipulated Final Judgment. Respondents agree that this driveway shall be the only driveway connection to Respondents' remainder property that will be constructed by Petitioner. FISCAL IMPACT: Funds in the amount of $63,186.22 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 adopted. budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. . -., Agenda Item No. 16K7 September 27, 2005 Page 2 of 7 RECOMMENDATION: That the Board of County Commissioners: 1. approve the Mediated Settlement Agreement; 2. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; I approve the expenditure of funds as stated; and 4. direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Agenda Item No. 16K7 September 27, 2005 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K7 Item Summary: Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $129.500.00 for the Acquisition of Parcels 106 and 706 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05- 0620 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $63,186.22) Meeting Date: 9/27/2005 9:00.00 AM Prepared By Heidi F. Ashton Assistant County Attorney Date Y Count Attorney County Attorney Y Office 9/1212005 1:18:46 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Services Transportation Administration 9/1212005 2:49 PM Approved By g Supervisor Date Accountin Su Sharon Newman p Transportation Services Transportation Administration 9/12/2005 3:03 PM Approved By Eugene Calvert Principal Project Manager —°- Transportation Engineering and 9/1212005 3:21 PM Transportations Services Construction Management Approved By Kevin Hendricks Way Ac 9 Y uisition Manager Right Of q Date Transportation Engineering and 911212005 5:52 PM Transportation Services Construction Approved By Norm E. Feder, AICP Transportation Division Administrator P Date Transportation Services Transportation Services Admin. 9/13/2005 10:41 AM Approved By David C. Weigel Count Attorney Y Y Date County Attorney Count Attorney Y Y Office 9115/2005 11:14 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management &Budget 9116/2005 8:44 AM Approved By Michael Smykowski Management & Budget Director 9 Date --° County Manager's Office Office of Management &Budget 9/16/2005 12:07 PM Approved By James V. Mudd Count Mana er Y g Date Agenda Item No. 16K7 September 27, 2005 Board of County Page 4 of 7 Commissioners County Manager's Office 9/16/2005 8:16 PM Agenda Item No. 16K7 September 27, 2005 Page 5 of 7 IN THE CIRCUIT COURT OFTWENTIETH NT'Y, KCAL CIRCUIT IN AND FOR COLLIER CIVIL, ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. LOUIS E. CERMINARA, et al., Respondents. CASE NO.: 05- 0620 -CA PARCEL NOS.: 106 & 706 (Cerminara) MEDIATED SETTLEMENT�MENT At a Mediation Conference held on August 30, 2005, the parties reached the following Settlement Agreement: will pay Respondent(s), Louis �2.�iw�rrarrz 4H0'� .full -2Xn 1 - I in full settlement of any and all claims for compensation tutoryry interest, but excluding aera ' experts' fees ni ci�'iowcQ 5u �86. °�iiov in l e l2i�cs r po -'Tvc-s 7H ?Lti s ear�z - 2. Petitioner is entitled to a credit in the amount of — Q — which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondents) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. �y Kespomd 4-3 aq f4W, fa 42n4 rx' i,1+0 a 537pack7�0:4 w11A kh790 W {a� - 4rc W an Order a1c"?Rkir b" A;5 ow/hr. due • f -Al as within 4. Petitioner will pay Respondent(s) the balance thirty (30) days of the entry of the Stipulated Final Judgment by the Court. Agenda Item No. 16K7 September 27, 2005 Page 6 of 7 {� 5. The Court will retain jurisdiction herein as to the matter of Respondent's rftey's fees, experts' fees, and costs. 6. This agreement is subject to approval by the Board of County Commissioners of Collier County, Florida. 7. Attached hereto is an Addendum to the Agreement. S/ ed Yes No 8. This Agreement and the attached addendum, if any, contain(s) all of the agreements of the parties. I -1 E ( D l ')is nfo 2 r ndent M- P `?� 5 `5 _- fMtt6Gej for Re spondents Agenda Item No. 16K7 September 27, 2005 Page 7 of 7 ADDENDUM TO MED D S TTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: F/ardo Rain o 1 Aron. Dd/01�� rPd/ �n 71�1� r, Atto ey 4--- o r Petitioner diator 3 Atio-mey for .•n. Agenda Item No. 16K8 September 27, 2005 Executive Summary Page 1 of 5 Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $156,500.00 for the Acquisition of Parcels 109 and 709 in the Lawsuit Styled Collier County v Susan C. Hallock, et al. Case No. 05- 0646 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $70,777.04) OBJECTIVE: That the Board 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 compensation to be paid for the acquisition of Parcels 109 and 709 in the lawsuit styled Collier County v. Susan C. Hallock, et al., Case No. 05- 0646 -CA (County Road Project No. 65061). CONSIDERATIONS: The County will acquire the subject property by entry of an Order of Taking on September 27, 2005. The amount to be deposited in the court registry will be $105,000.00 for Parcels 109 and 709. The County and Respondents have negotiated a settlement of $156,500.00 for full compensation. If the settlement is approved, the County is responsible for the following costs: • Additional Deposit/Disbursement Amount: $ 51,500.00 • Expert Fees: To be determined • Attorney's Fees: $ 19,277.04 TOTAL: $ 70,777.04 Attached is the Mediated Settlement Agreement. FISCAL IMPACT: Funds in the amount of $70,777.04 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Mediated Settlement Agreement; 2. approve the Stipulated. Final Judgment which incorporates the teens and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; 3. approve the expenditure of funds as stated; and 4. direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Agenda Item No. 161<8 September 27, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16KB to Approve a Mediated Settlement Agreement and a Stipulated Final Item Summary: Recommendation Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated $156,500.00 for the Acquisition of Parcels 109 and Settlement Agreement in the Amount of 709 in the Lawsuit Styled Collier County v. Susan C. Hallock, et al. Case No. 05- 0646 -CA (County Road 951 Project No. 65061). (Fiscal Impact: $70,777.04) Meeting Date: 9/27/2005 9:00:00 AM Prepared By Heidi F. Ashton Assistant County Attorney Date Count Attorney Office Y 91912005 2:28:06 PM County Attorney Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 91912005 5:32 PM Approved By Norm E. Feder, AICP Transportation Division Administrator P Date Transportation Services Transportation Services Admin. P 9112/2005 8:36 AM Approved By Eugene Calvert Project Manager Principal Pro P 1 Date Transportation Engineering and 911212005 12:30 PM Transportations Services Construction Management Approved By Kevin Hendricks 9 y Acquisition Manager Right Of Wa Date Transportation Engineering and 911212005 12:56 PM Transportation Services Construction Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 911212005 2:50 PM Approved By David C. Weigel Count Y Attorney Date Count Attorney Office Y 9/1512005 11:16 AM County Attorney Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management &Budget 9/1612005 8:44 AM Approved By Michael Smykowski Mana ement & Budget Director g Date County Manager's Office Office of Management &Budget 9/16/2005 12:08 PM Approved By James V. Mudd Count Mana er y g Date Agenda Item No. 16K8 September 27, 2005 Board of County Page 3 of 5 Commissioners County Manager's office 9117/2005 1:55 PM Agenda Item No. 16K8 September 27, 2005 Page 4 of 5 IN THE CIRCUIT COURT OF TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. SUSAN C. HALLOCK, et al., Respondents. CASE NO.: 05- 0646 -CA PARCEL NOS.: 109 & 709 (Beal) MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on August 30, 2005, the parties reached the following Settlement Agreement: 1. Petitioner will pay Respondent(s), the sum of oo in full settlement of any and all claims for compensation statuto interest, but excluding atex�► experts' fees from Petitioner whatsoever, including i s r f�Q at W190 a 77 0 i' p and costs. P t�70r+¢r gill aW 0`t✓/�ys 523 iris in mil/ *N� 07C 2. Petitioner is entitled to a credit in the amount of — C9 " which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondent(s) will jointly submit to the Court for signature a mutually ap roved form of Stipulated Final Judgment of this matter as soon as practical hereafter. ¢ RespaK -Fu rfH.ar ay rze,- * � );i* a �, jou la h a� wl5k enj'rY crF are order a•F ?�4nq ih 7"l+ is O yV g within 4. Petitioner will pay Respondent(s) the balance due of /7S 7�• thirty (30) days of the entry of the Stipulated Final Judgment by the Court. Agenda Item No. 16K8 September 27, 2005 Page 5 of 5 A,e 5. The Court will retain jurisdiction herein as to the matter of Respondent's a#@R ° experts' fees, and costs. 6. This agreement is subject to approval by the Board of County Commissioners of Collier County, Florida 7. Attached hereto is an Addendum to the Agreement. Yes ✓ No 8. This Agreement and the attached addendum, if any, contain(s) all of the agreements of the parties. wt-4; • 2 1 I - 4 7&F • Respondent n Attorney for Respondents Agenda Item No. 16K9 September 27, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit after October 1, 2005 compelling JC Drainfield Repair, Inc., its principals, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance 03 -18, codified as Chapter 134, Article IX of the Collier County Code of Laws and Ordinances, including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under Chapter 134, Article IX and as otherwise provided by law. OBJECTIVE: To obtain Board of County Commissioner (Board) direction to authorize the County Attorney to file a lawsuit after October 1, 2005 compelling JC Drainfield Repair, Inc., its principals, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance 03 -18, codified as Chapter 134, Article IX of the Code of Laws and Ordinances (Industrial Pretreatment Ordinance or Ordinance), including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under the Ordinance and as otherwise provided by law. CONSIDERATIONS: Staff and County Attorney's Office are simply seeking to bring JC Drainfield Repair, Inc. (JC Drainfield) into compliance with the Industrial Pretreatment Ordinance. Wastewater from industrial manufacturing processes, trades, or businesses is being discharged from the JC Building which is occupied by JC Drainfield and is located at 768 Commercial Boulevard (property). Consequently, under the Ordinance JC Drainfield is required to obtain a discharge permit and pay the County for all costs incurred to treat the high strength wastes. On at least two occasions, wastewater system lines were blocked by non - compliant wastewater discharge which was identified as being discharged by JC Drainfield. The County incurred costs to remove the blockages and repair the lines. In an effort to amicably achieve compliance and to obtain monies owed, on July 27, 2005, Public Utilities staff met with representatives of JC Drainfield and the County Attorney Office. The parties agreed that each would take certain actions to fully ensure that the samples taken by the County were representative of the wastewater discharged from the property. Such samples would be monitored as required by the Ordinance until October 1, 2005. JC Drainfield continues to assert that it solely discharges domestic wastewater and that a discharge permit is not required. Although JC Drainfield has been generally cooperative since July 27, 2005, it will not provide the County with detailed hauling records as previously agreed to on July 27, 2005. Detailed considerations are on page 2 of this Executive Summary. FISCAL IMPACT: The approximate cost of filing a lawsuit in Circuit Court is approximately $255. If the County pursues a lawsuit and prevails it may be reimbursed for all excess strength fees, repair fees and other monies allowed by law. Presently $76,379.19 is owed for excess strength fees and $4,625.00 is owed for repair fees. These amounts may increase if industrial strength wastewater continues to be detected and additional blockages are caused by JC Drainfield. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board authorize the County Attorney to file a lawsuit after October 1, 2005, if the Public Utilities Division Administrator and the County Attorney determine that such action is necessary to compel JC Drainfield, its principals, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance 03 -18, codified as Chapter 134, Article IX of the Collier County Code of Laws and Ordinances (Industrial Pretreatment Ordinance), including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under the Ordinance and as otherwise provided by law. PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney Pagel of 2 Agenda Item No. 16K9 September 27, 2005 Page 2 of 3 DETAILED CONSIDERATIONS �^^ In 2003, the Industrial Pretreatment Ordinance was enacted to prevent the introduction of any pollutants into the Collier County Water -Sewer District's wastewater system which would interfere with the operation of the wastewater system or otherwise be incompatible with the wastewater system. The Ordinance classifies wastewater discharge as either industrial or domestic. Industrial wastewater is discharged from industrial manufacturing processes, trades, or businesses that have the characteristics exceeding domestic wastewater. Domestic wastewater is defined by the Ordinance as wastewater that contains no more than a specified amount or strength of biochemical oxygen demand, chemical oxygen demand, total phosphorus or total 4eldhl nitrogen. Under the Ordinance it is unlawful for any user of the wastewater system to discharge industrial wastes without receiving a discharge permit from the Water -Sewer District. Further, the Ordinance authorizes the County to seek reimbursement of costs incurred for treatment of the high strength wastes contained in industrial wastewater from the user of the wastewater system. The Industrial Pretreatment Ordinance allows duly authorized employees of the County to inspect, measure, sample and test wastewater discharge into the sewer by all users of the wastewater system. JC Building is occupied by JC Drainfield Repair, Inc. (JC Drainfield) and is located at 768 Commercial Boulevard (property) is believed to be discharging industrial wastes. Over the past two years, the vast majority of approximately fifty samples taken from the sampler located on the property exceeded the limit of one or more of the above mentioned substances. Consequently, the Industrial Pretreatment Ordinance requires that an industrial discharge permit be obtained and that $76,379.19 be paid to Collier County for costs presently incurred by County Public Utilities Customers to treat the high strength wastes. These costs will increase if industrial wastewater continues to be detected. Additionally, on at least two occasions, wastewater system lines were blocked by non - compliant wastewater discharge which was identified as being discharged by JC Drainfield. JC Drainfield paid for one blockage and approximately $4,625.00 is still owed to the County. These costs will increase if additional blockages occur which are caused by JC Drainfield. During the past two years, JC Drainfield was provided two notices of violation and detailed invoices of costs. In an effort to amicably achieve compliance and to obtain monies owed, on July 27, 2005, Public Utilities staff met with representatives of JC Drainfield and the County Attorney Office. At the meeting, JC Drainfield agreed to install a flow meter on the property, provide the County vehicle hauling records, and allow the County on site to observe its operations. Terms of a sixty day agn'eernent, are consistent with the Ordinance and are incrementally to occur by October 1, 2005. As agreed, on September 14, 2005, Public Utility staff, and County Attorney Office staff met at the property and a representative of JC Drainfield provided a detailed tour of its operations. The location for a second sampler and the flow meter were agreed upon by all. A close monitoring of the samples until October 1, 2005 of two samplers on the property will determine whether the wastewater is industrial which requires a discharge permit. JC Drainfield continues to assert that it solely discharges domestic wastewater and that a discharge permit is not required. JC Drainfield will also not provide the County with detailed hauling records as previously agreed. Although Public Utility staff and the County Attorney office is hopeful that JC Drainfield will comply with all terms of the agreement and that compliance with the Industrial Pretreatment Ordinance will be achieved, Board authorization to file a lawsuit is being sought in the event that it comes necessary. If all terms of the agreement are met and that compliance with the Ordinance is achieved by October 1, 2005, the County Attorney and staff will negotiate a Compliance Agreement with the representatives of JC Drainfield which may include a recommendation that outstanding fees and costs due and owing to the County be partially or completely reduced. This Compliance Agreement would be scheduled for consideration by the Board at a regularly scheduled meeting. If additional time is necessary to determine if the Ordinance is being complied with, the October 1, 2005 deadline may be extended by staff and County Attorney Office. Page 2 of 2 Agenda Item No. 16K9 September 27, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K9 Recommendation to authorize the County Attorney to file a lawsuit after October 1, 2005 Item Summary: compelling JC Drainfield Repair, Inc., its principles, affiliate entities or persons, or any thereof, to comply with Collier County Ordinance No. 03 -18, codified as Chapter combination 134, Article IX of the Collier County Code of Laws and Ordinances, including but not limited OMB Coordinator to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under Date Chapter 134, Article IX and as otherwise provided by law. Meeting Date: 9/27/2005 9:00:00 AM Approved By David C. Weigel Count Attorney Date Y Y County Attorney County y office 911512005 1:59 PM Coun Attorney Management &Budget Director Date Approved By Office of Management &Budget Ray Smith Director Date Public Utilities Pollution Control & Prevention 9115/2005 5:07 PM Approved By G. George Yilmaz Interim Wastewater Director Date Date 911612005 11:19 AM Public Utilities WasteWater Commissioners Approved By James W.DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 911612005 2:07 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management &Budget 9/19/2005 8:51 AM Approved By Michael Smykowski Management &Budget Director Date County Manager's Office Office of Management &Budget 9119/2005 10:04 AM Approved By James V. Mudd Count Manager Y g Date Board of County County Manager's Office 911912005 5:26 PM Commissioners Agenda Item No. 16K10 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to Approve a Budget Amendment Appropriating Carryforward Revenue and Available Reserve Funds within Legal Aid Society Fund (652) in Support of Legal Aid Society Operations OBJECTIVE: To provide necessary budget appropriations to support operating costs of the Legal Aid Society. CONSIDERATIONS: Article V legislation provided for the imposition of $65 in additional court costs for persons found guilty or pleading no contest to felony, misdemeanor, or criminal traffic offenses, with 25% of this revenue available to fund legal aid programs. The Legal Aid Society program exists to provide legal services to indigent clients within Collier County. There is $81,607 in carryforward revenue available from prior year activity when additional filing fees funded Legal Aid Society operations. These funds must be spent solely on Legal Aid Society operations. In addition, there are reserve funds of $72,000 available in the FY 05 budget that need to be appropriated to fund operations through the end of the fiscal year. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. - FISCAL IMPACT: Appropriates $81,607 in carryforward revenue and $72,000 from reserves to r--� fund Legal Aid Society operations through the end of FY 2005. This increase is required as a large portion of FY 04 Legal Aid Society expenses were actually paid in the current fiscal year. Administrative changes were subsequently implemented to ensure the timely preparation and processing of bills in the fiscal year in which they were incurred. RECOMMENDATION: That the Board of County Commissioners: 1. Approve a budget amendment the attached budget amendment for Legal Aid Society operations. Prepared by: David Weigel, County Attorney r^ Agenda Item No. 16K10 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K10 Item Summary: Recommendation to Approve a Budget Amendment in the Amount of $118,567.35 to Transfer the Balance of the Funds from Fund 652 Reserves to Its Operating Budget and to Transfer the Total Amount Collected in Excess of $108,309.66 (the Statutorily Mandated Amount that the Board of County Commissioners Must Fund the Legal Aid Society). Meeting Date: 9/27/2005 9:00:00 AM Approved By David C. Weigel Count Attorney Y Y Date County Attorney Count Attorney Y Y Office 9/15/2005 3:16 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management &Budget 9/16/2005 9:13 AM Approved By Michael Smykowski Mana ement & Budget Director 9 Date County Manager's Office Office of Management &Budget 9/2112005 9:14 AM Approved By James V. Mudd Y Manager Count Mana 9 Date Board of County ff County Manager's Office 9121/2005 9:38 AM Commissioners Agenda Item No. 16K11 September 27, 2005 Page 1 of 3 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A RESOLUTION APPROVING THE 2006 FISCAL YEAR PAY AND CLASSIFICATION PLAN, A GENERAL WAGE ADJUSTMENT (COLA) AND MERIT INCREASE FOR THE OFFICE OF THE COUNTY ATTORNEY. OBJECTIVE: To approve a Resolution approving the 2006 Fiscal Year Pay and Classification Plan, a general wage adjustment (COLA) and merit increase for the Office of the County Attorney. CONSIDERATIONS: Annually the Board of County Commissioners will be asked to approve the Pay and Classification Plan for the Office of the County Attorney as it does for the County Manager. During the budget process, the Board adopted the FY 2006 budget for the Office of the County Attorney. Included in that budget were all personnel related expenses associated with the Pay and Classification Plan. The Classification and Pay Plan is part of the Resolution and is identified as "Exhibit 1" thereto. The County Attorney has once again opted to go with broadband pay grades ,— for most of his employees instead of grade steps (i.e. Assistant County Attorney I, Assistant County Attorney II, etc.). It should be noted that this plan utilizes the pay grades that are used by the County Manager's agency; however, the County Attorney has incorporated several grades into one to create the broadband effect. During the budget workshops earlier this year, the Board approved 5.65% of the total salary expense for'the County Manager employees and the Office of the County Attorney to be allocated for merit, pay plan maintenance, and Cost of Living Adjustment (COLA). Of that 5.65 %, it has been recommended that 3.9% be allocated to COLA leaving 1.75% to be allocated to merit and pay plan maintenance. Following the County Manager's lead, it is recommended that the merit funds be allocated as a percentage of the market point identified on the Pay and Classification Plan for the individual positions. It is recommended by the County Attorney that all employees be treated uniformly and that merit funds be allocated to the base salary of the employee. This system represents a fair approach based on performance and position in grade, and by allocating the percentage based on the market point, it slows down movement through the grade as the employee approaches the upper salary range for the position. FISCAL IMPACT: The Board has previously approved the Fiscal year 2006 budget for the Office of the County Attorney that included the personnel- related expenses associated with the pay and classification plan. There is no additional fiscal impact. 1 Agenda Item No. 16K11 September 27, 2005 Page 2 of 3 �-- GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners adopt a Resolution approving the attached FY 2006 Pay and Classification Plan, a general wage adjustment, pay plan maintenance and merit increase for the Office of the County Attorney and direct the County Attorney to implement and administer the Plan appropriately. Prepared by: David C. Weigel, County Attorney Agenda Item No. 16K11 September 27, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K11 Item Summary: Recommendation that the Board of County Commissioners Approve a Resolution Approving the 2006 Fiscal Year Pay and Classification Plan, a General Wage Adjustment (COLA) and Merit Increase for the Office of the County Attorney. Meeting Date: 9/27/2005 9:00:00 AM Approved By David C. Weigel Count Attorney Y Y Date County Attorney Count Attorney Y Y Office 9/1512005 3:20 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management &Budget 9116/2005 9:15 AM Approved By Michael Smykowski Management &Budget Director Date County Manager's Office Office of Management 8 Budget 9/16/2005 5:07 PM Approved By - James V. Mudd fY Manager Coun Mana 9 Date Board of County County Manager's Office 9/16/2005 7:40 PM Commissioners Agenda Item No. 16K12 September 27, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to Approve Settlement Pre - Litigation and Prior to Mediation Pursuant to the Alternative Dispute Resolution Procedures in Countywide Paved Shoulders and Sidewalk Improvements Contract 03 -3528 With Better Roads, Inc. for Full and Final Settlement of All Outstanding Liquidated Damages Claims in the Amount of $10,000.00 to be Paid to Better Roads, Inc. OBJECTIVE: Board of County Commissioners' approval of the settlement prior to litigation and prior to contractual alternative dispute resolution mediation by which the County would pay Better Roads, Inc. $10,000.00 in full and final settlement of all outstanding liquidated damages claims. CONSIDERATIONS: On July 29, 2003, the Board entered into Contract 03 -3528 — Countywide Paved Shoulders and Sidewalk Improvements with Better Roads, Inc. Subsequent to the March 6, 2004 substantial completion date, the County withheld liquidated damages of $14,597.28 which represented twelve (12) days' damages at $1,216.44 per day. Pursuant to the alternative dispute resolution procedures which were part of the contract, Better Roads, Inc. sought mediation. Prior to the mediation, Better Roads and the County agreed to settle all liquidated damages claims by payment of $10,000.00 to Better Roads-by the County. The dispute between the parties arose as to the date the contractor actually commenced work after the County's notice to proceed which in turn determined the last date the contractor had for substantial completion. Neither the County nor Better Roads disputed that substantial completion occurred on March 6, 2004. The problem was when the actual work commenced. The County took the position it occurred on one date and Better Roads took the position it occurred at a later date. Both parties' positions were based upon a contractual interpretation as what constituted commencement, and, upon review of all the available evidence, County staff considers the $10,000.00 (the County is retaining $4,597.28) settlement is reasonable under all the circumstances. This is especially significant since mediation of this matter would have cost the County approximately $3,000.00 which would be an unreimbursable expense even if the County were to prevail in the lawsuit. Therefore, the County Attorney, the Engineering and Construction Management Department of the Collier County Transportation. Division and the Purchasing Department opine that the settlement in the sum of $10,000.00 is reasonable and recommended under all the circumstances. FISCAL IMPACT: The money is available as part of the Countywide Paved Project Fund. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approves this settlement arrived at pre - litigation and prior to mediation in the amount of $10,000.00 and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. '� PREPARED BY: William E. Mountford, Assistant County Attorney Agenda Item No. 16K12 September 27, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K12 Item Summary: Recommendation to Approve Settlement Pre - Litigation and Prior to Mediation Pursuant to the Alternative Dispute Resolution Procedures in Countywide Paved Shoulders and Sidewalk Improvements Contract 03 -3528 With Better Roads, Inc. for Full and Final Settlement of All Outstanding Liquidated Damages Claims in the Amount of $10,000.00 to be Paid to Better Roads, Inc. Meeting Date: 9/2712005 9:00:00 AM Prepared By William Mountford County Attorney Assistant Coun Date County Attorney County Attorney Office 9115/2005 12:27:18 PM Michael Smykowski Management & Budget Director Approved By County Manager's Office Office of Management & Budget Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 9/15/2005 12:39 PM James V. Mudd County Manager Approved By Board of County County Manager's Office Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/15/2005 1:51 PM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and 911512005 3:46 PM Transportations Services Construction Management Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 9115/2005 3:57 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget Date 9116/2005 9:10 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 10:08 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9119/2005 12:49 PM Commissioners Agenda Item No. 16K13 September 27, 2005 Page 1 of 3 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE SETTLEMENT PRIOR TO ARBITRATION -- MEDIATION IN THE LAWSUIT ENTITLED: CPOC REALTY, LLC v. THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, IN THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO.: 04- 5636 -CA FOR $20,000.00 OBJECTIVE: Board of County Commissioners' approval of the settlement prior to arbitration and prior to trial, whereupon the County would pay Plaintiff $20,000.00 in full and final settlement of the lawsuit and all claims against the County would be dismissed with prejudice. CONSIDERATIONS: Plaintiff brought suit against the County alleging various breaches of contract regarding leases between Plaintiff and Collier County for certain portions of 3050 N. Horseshoe Drive, Units 275, 140, 144 and 146 dating back for approximately ten years for several differing County departments as shown in the attached schedule. The alleged breaches by the County dealt with early termination, failure to pay the total rent due, failure to pay common area maintenance charges in accordance with the various leases along with a claim for counsel fees and costs as provided for in the leases. Prior to documentation by the Plaintiff of the actual sums due and owing, the Plaintiffs claim was disputed by the County due to accounting errors by both parties. Before the arbitration in this matter, Plaintiff and Defendant were able to determine that the County had not paid the full amount that was due and owing of approximately $20,000.00. Thus, a settlement prior to mediation and trial in the amount of $20,000.00 is considered reasonable. Furthermore, if this case were to proceed to arbitration and then trial, if necessary, it is estimated that the award would be in the $20,000.00 range since there are monies due and owing Plaintiff by the County. Moreover, the cost to the County of trial in this matter, including expert testimony, would probably range between $5,000.00 to $8,000.00. Therefore, the County Attorney, the Real Property Management Department and the Community Development and Environmental Services Division (CDES) opine that settlement in the sum of $20,000.00 is reasonable and recommended under all of the circumstances. CDES no longer rents property and has not rented property since the spring of 2004. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. FISCAL IMPACT: There is sufficient budget allowance available within CDES to pay for this settlement in the current fiscal year. RECOMMENDATIONS: That the Board of County Commissioners approve settlement arrived at prior to arbitration — mediation in the amount of $20,000.00 and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. PREPARED BY: William E. Mountford, Assistant County Attorney Agenda Item No. 16K13 September 27, 2005 Page 2 of 3 Leases with CPOC Realty, Inc. Activity from July 1991 to Present Start End Approximate Lease # Department Date Date Paid Rent Status 752 Utiitlies Division 07/01/91 06/30/94 $93,675 $36,000 Expired Expired 840 Temporary Parking 09/01/98 06/23/05 08/31/03 $162,000 Expired 842 Elections Storage 09/01/98 11/01/98 10 /31 /01 $53,889 Currently leasing 845 Utility Regulation 01/01199 12/31/02 $59,976 Expired 850 851 Housing Sheriffs Office 01/01/99 03/31/01 $148,714 Expired 864 Library Warehouse 02/15/00 02/14/02 $21,000 Expired Expired 881 Housing (2nd space) 11/01/02 10/31/04 $92,845 $71,500 Early Termination 895 CDES /Planning 01/01/03 O1 /01 /03 06/04/05 06/04/05 $51,122 Early Termination 896 Attorneys for CDES 06/01/03 05/31/06 $70,043 Currently leasing 897 885 Tourism Natural Resources 03/01 /02 02/28/04 $145,800 Expired TOTAL: $1,006,564 Agenda Item No. 16K13 September 27, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K13 Item Summary: Recommendation to Approve Settlement Prior to Arbitration -- Mediation in the Lawsuit Entitled: CPOC REALTY v. THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, IN THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO.: 04- 5636 -CA FOR 520,000.00. Meeting Date: 9/27/2005 9:00:00 AM Prepared By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 9/15/2005 2:44:54 PM Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Environmental Services Financial Admin. & Housing 9/15/2005 3:48 PM Approved By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 9/15/2005 3:49 PM Approved By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 9/1512005 4:20 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 9116/2005 11:49 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/16/2005 11:50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/19/2005 8:49 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 10:36 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/19/2005 5:30 PM Agenda Item No. 17A September 27, 2005 Page 1 of 51 EXECUTIVE SUMMARY CU- 2004 -AR -6700, Kelly Michele Smith, Project Planner for Davidson Engineering, Inc., representing Eden Institute Foundation, Inc., requests a Conditional Use, as identified in Section 2.04.03 of the Collier County Land Development Code of the Estates Zoning District to permit a private school and a Category I Group Care Facility. The property to be considered for the Conditional Use is located at 2101 County Barn Road, in Section 08, Township 50 South, Range 26 East, Collier County Florida. This property consists of 9.63 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's consistency with the Growth Management Plan (GMP) and with the Land Development Code (LDC). CONSIDERATIONS: The petitioner seeks a Conditional Use, as identified in Section 2.04.03 of the Collier County Land Development Code of the Estates Zoning District for the purpose of permitting a private school and a Category I Group Care Facility. FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the project 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 before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50 %) of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Executive Summary/CU- 2004 -AR -6700 Page 1 of 4 Agenda Item No. 17A September 27, 2005 Page 2 of 51 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: 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. ENVIRONMENTAL ISSUES: The environmental staff's analysis indicates that the proposed petition will not have a significant environmental impact on the subject site. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council did not review this petition based upon the fact that the area of this property is less than ten acres in area, and that the Conditional Use will not impact the subject property any further than what had been previously approved. /.I-- COLLIER COUNTY PLANNING COMMISSION (CCPCI RECOMMENDATION: This petition was heard at the September 1, 2005 CCPC meeting. The CCPC recommended approval of CU- 2004 -AR -6700, with the following conditions, by a vote of 9 -0: The Department of 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 approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04 -41. 2. A fifty -foot wide roadway easement, for the length of the property frontage along County Barn Road, shall be provided at no cost to Collier County for roadway and stormwater improvements within four months of the approval of this Conditional Use. The proposed easement is located on the east side of an existing 100 -foot wide roadway easement for County Barn Road. 3. The Conditional Use approval is to allow a private school with a maximum of 50 students. The use is limited to what is depicted on the site plan identified as "Eden Florida Campus ", prepared by Davidson Engineering, Inc., dated October 2004, stamped .^ "Received 7/1/05 ". Executive Summary/CU- 2004 -AR -6700 Page 2 of 4 Agenda Item No. 17A September 27, 2005 Page 3 of 51 4. A six -foot chain link fence shall be installed around the perimeter of the property prior to the start of the construction of the private school. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the Collier County Planning Commission's evaluation of the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents that have been 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 of the Future Land Use Element and the other 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 Transportation 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 BZA approve petition CU- 2004 -AR -6700 with the following conditions: 1. The Department of 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 approval or major changes to the approved plan, shall require the submittal of a new conditional use application and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04 -41. 2. A fifty -foot wide roadway easement, for the length of the property frontage along County Barn Road, shall be provided at no cost to Collier County for roadway and stormwater improvements within four months of the approval of this Conditional Use. The proposed easement is located on the east side of an existing 100 -foot wide roadway easement for County Barn Road. Executive Summaty/CU- 2004 -AR -6700 Page 3 of 4 Agenda Item No. 17A September 27, 2005 Page 4 of 51 3. The Conditional Use approval is to allow a private school with a maximum of 50 students. The use is limited to what is depicted on the site plan identified as "Eden Florida Campus ", prepared by Davidson Engineering, Inc., dated October 2004, stamped "Received 7/1/05 ". 4. A six -foot chain link fence shall be installed around the perimeter of the property prior to the start of the construction of the private school. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department Of Zoning And Land Development Review Executive Stun nary/CU- 2004 -AR -6700 Page 4 of 4 Agenda Item No. 17A September 27, 2005 Page 5 of 51 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17A Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members, CU -04 -AR -6700 A Resolution of the Board of Zoning Appeals providing for the establishment of two Conditional Uses in the "E" Estates zoning district for a group home, and private school to serve the residents of the group home and program participants per Table 2, Subsection 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 South, Range 26 East, Collier County, Florida. Meeting Date: 9/27/2005 9:00:00 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 917!2005 3:15 PM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 917!2005 3:20 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date x Transportation Services Transportation Services Admin. 9/12/2005 8:39 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 812/2005 2:31 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 9/14/2005 5:28 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/1412005 8:59 PM Approved By Marjorie M. Student Assistant County Attorney Date County Attorney County Attorney Office 9115/2005 1:13 PM Approved By OMB Coordinator Administrative Assistant Date - County Manager's Office Office of Management & Budget 9116/2005 8:42 AM Approved By Mark Isackson Budget Analyst Date Agenda Item No. 17A September 27, 2005 Page 6 of 51 County Manager's Office Office of Management & Budget 9/20/2005 12:40 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/20/2005 8:13 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9121/2005 12:01 PM Commissioners Collier County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: HEARING DATE: SUBJECT: Agenda Item No. 17A September 27, 2005 Page 7of51 DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION SEPTEMBER 1, 2005 PETITION CU- 2004 -AR -6700 PROPERTY OWNER/AGENT: OWNER: AGENT REOUESTED ACTION: Eden Institute Foundation, Inc. 13631 Learning Court Ft. Myers, FL 33919 Kelly Smith Davidson Engineering, Inc. 2154 Trade Center way #3 Naples, FL 34117 Kelly Smith, Planning Coordinator for Davidson Engineering, Inc. representing Eden Institute Foundation, Inc., requests approval of two Conditional Uses of the Estates Zoning District for a private school and a Category I Group Care Facility as specified per Table 2 of Section 2.04.03 of the Collier County Land Development Code. GEOGRAPHIC LOCATION: The subject 9.63± acre parcel is located at 2101 County Barn Road. It is located on the east side of County Barn road and approximately '/ of a mile south of Davis Boulevard (S.R. 84), in Section 08, Township 50 South, Range 26 East, Collier County, Florida. (See illustration on the following page) CU- 2004 -AR -6700 Page 1 of 9 CCPC Meeting — September 1, 2005 Staff Report Agenda Item No. 17A September 27, 2005 Page 8 of 51 PURPOSE /DESCRIPTION OF PROJECT: On March 9, 1999, the Board of County Commissioners approved Resolution 99 -167 for a Conditional Use that authorizes Senior Independent Assisted Care Living Facility on the subject property. A maximum of 157 units are approved with that action. On September 24, 2002, the Board of County Commissioners approved Resolution 02 -409, which authorized a one -year extension for Resolution 99 -167. The development of the approved Senior Independent Assisted Care Living Facility has not occurred and Resolution 99 -167 and subsequent Resolution 02 -409 have expired. The petitioner seeks two Conditional Uses: one for a private school that would serve up to 50 students with autism and related disabilities from ages 3 to 21; and, another for a Category I Group Care Facility to serve up to 12 clients on an as- needed basis on the subject property. The subject property consists of approximately 9.63 acres. Presently, two single - family structures are located on the property. The western -most structure is being utilized as a "Family Care Facility" for six residents in the Eden Institution Foundation, Inc. The existing family care facility is a permitted use in the Estates zoning district. This building and use is proposed to continue within the planned development of the subject property and is identified as the "Respite House" on the Conceptual Site Plan. Accessory to the proposed school are the proposed administration/treatment and support facility, recreational area and playground, and recreational facility. A 2.03 -acre "Preserve Area" is proposed between County Barn Road and the school and Group Care Facility. There are no other "Group Care Facilities" within 500 feet of the subject property. Access to the subject property is via County Barn Road (100 foot right -of -way). County Barn Road is an existing two -lane collector road that is scheduled to be widened to four -lanes with improvements to the existing stormwater ditches on both sides of the road in 2006. The property owners have agreed to allow the County to place a 50- foot -wide County drainage and utility easement over the land that parallels the existing County Barn Road for a County Drainage and Utility Easement. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL SURROUNDING: North: East: South: West: two existing single - family residential units, zoned Estates (E) vacant woodlands (future site for Seacrest High School), zoned Estates (E) developed church facility (Unity Church of Naples), zoned Estates (E) developed single - family residence, zoned Estates (E) County Barn Road then developed multiple - family units (Florida Club Condominiums), zoned Residential Multiple - Family -Six Units Per Acre Limited to Four Units Per Acre RMF -6(4) CU- 2004 -AR -6700 Page 2 of 9 CCPC Meeting - September 1, 2005 Staff Report Agenda Item No. 17A September 27, 2005 Page 9 of 51 ZONING MAP CU- 2004 -AR -6700 Page 3 of 9 CCPC Meeting — September 1, 2005 Staff Report Agenda Item No. 17A September 27, 2005 Page 10 of 51 AERIAL MAP CU- 2004 -AR -6700 Page 4 of 9 CCPC Meeting — September 1, 2005 Staff Report 7, 1 Olt let 0 V INK 'VIN yyppyBeB- I 0�11 II j, 'N 6 ii hit 1 i-4 j, 'N 6 ii 1 Agenda Item No. 17A September 27, 2005 Page 11 of 51 I -b' O zlw" a W; cz CU-2004-AR-6700 Page 5 of 9 CCPC Meeting —September 1, 2005 Staff Report Agenda Item No. 17A September 27, 2005 Page 12 of 51 GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The petitioner's property, as identified on the Future Land Use Map of the Growth Management Plan, is designated Urban Mixed -Use District - Urban Residential Subdistrict. This subdistrict allows for a mixture of residential uses, community facilities (schools), essential services and recreation and open space uses. The adjacent properties are zoned Estates, and the surrounding land uses are compatible with the proposed Eden school project. The existing Estates zoning district permits private schools as a Conditional Use and is subject to all standards and procedures established in Section 10.08.00 of the Collier County Land Development Code. For residential uses, the Density Rating System of the Future Land Use Element (FLUE) shall guide the maximum density permissible in the Estates zoning district and the Urban Residential Subdistrict. Based on the above analysis and review, Comprehensive Planning staff concludes that the proposed Conditional Use for the private school and Group Care Facility in the Estates zoning district may be deemed consistent with the FLUE. Transportation Element: The Transportation Impact Statement (Exhibit "A ") indicated that the school, and group home, which includes the outreach services and gymnasium, would generate approximately 74 trips on a weekday at build -out. This site development project will not have a negative impact to the existing roadway. Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will be provided in the general location of the existing entrance on to County Barn Road. With the improvements to County Barn Road and the development of the fifteen- foot -wide Type `B" buffer, and improvements to the existing driveway, the entrance will be relocated a few feet from the present location. The access point on County Barn Road provides clear sight distance; therefore, the access point should continue to operate adequately. CU- 2004 -AR -6700 Page 6 of 9 CCPC Meeting — September 1, 2005 Staff Report Agenda Item No. 17A September 27, 2005 Page 13 of 51 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. A fifteen -foot Type "B" Landscape buffer will be provided along the northeast and southern property lines. A 15 -foot Type "D" buffer will be provided along the western boundary of the subject property and adjacent to the 50 -foot County Drainage and Utility Easement. A 2.03 -acre "Preserve" area extends an average depth of 300 feet along the western third of the subject property. The landscape buffers and the preserve placement combine to ensure the project will not negatively impact the neighboring properties in relation to noise, glare, and economic or odor effects, based upon the composition requirements of the buffers to shield the use from the adjoining properties. Furthermore, the limited nature and size of the facility, with only 74 trips generated on a weekday at build -out, in combination with the landscape buffers and preserve area will ensure the facilities compatibility with the local adjoining uses. 4. Compatibility with adjacent properties and other property in the district. An existing church and future private high school site (authorized by Ordinance 05 -09) is located to the north; and, an existing private elementary school and church is located to the east of the subject property. The predominance of educational and religious institutions within the adjoining area ensures that the proposed school and group care facility is compatible. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING: The agent for the applicant held the required NIM on June 27, 2005 at 5:30 P.M. at the existing facility, 2101 County Barn Road. Other than the applicant's team and county staff, two neighboring property owners attended. Mr. and Mrs. Keller expressed a desire to have the proposed school facility grounds fenced. The agent's representatives committed to installation of a fence around the entire site prior to any new construction of buildings. The applicant's team stated that the proposed day school would enroll a maximum of six students between the ages of three and twenty -two. The proposal also includes the conditional use request for a 24 -hour respite facility. There was no objection to either proposed use. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU- 2004 -AR -6700 to the Board of Zoning Appeals, subject to the following conditions: 1. The Department of 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 approval, or major changes to the approved plan, shall require the CU- 2004 -AR -6700 Page 7 of 9 CCPC Meeting — September 1, 2005 Staff Report Agenda Item No. 17A September 27, 2005 Page 14 of 51 submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04 -41. 2. A fifty -foot wide roadway easement, for the length of the property frontage along County Barn Road, shall be provided at no cost to Collier County for roadway and stormwater improvements, within four months of the approval of this Conditional Use. The proposed easement is located on the west side of an existing 100 -foot wide roadway easement for County Barn Road. 3. The Conditional Use approval is to allow a private school, with a maximum of 50 students. The use is limited to what is depicted on the site plan identified as "Eden Florida Campus" prepared by Davidson Engineering, Inc., dated October 2004, stamped "Received 7/1/05 ". 4. A six -foot chain link fence shall be installed around the perimeter of the property prior to the start of the construction of the private school. CU- 2004 -AR -6700 Page 8 of 9 CCPC Meeting — September 1, 2005 Staff Report PREPARED BY: MICHAEL J. DE RUNTZ, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE STUDENT - STIRLING ASSISTANT COUNTY ATTORNEY RAY BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE DATE DATE DATE DATE DATE Agenda Item No. 17A September 27, 2005 Page 15 of 51 Staff report for the September 1, 2005 Collier County Planning Commission Meeting Tentatively scheduled for the September 27, 2005 Board of County Commissioners Meeting Attachments: A. Findings of Fact B. Conditions of Approval CU- 2004 -AR -6700 Page 9 of 9 CCPC Meeting — September 1, 2005 Staff Report Agenda Item No. 17A September 27, 2005 Page 16 of 51 2nd Resubmittal CU- 2005 -AR -6700 PROJECT #2002020014 DATE: 7 /1/05 MICHAEL DeRUNTZ OiLi APPLICATION FOR PI3BLIC HEARING FUR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General lnformation Name of Applicant(s) Eden Institute Foundation In Applicant's Mailing Address 13631 L*n__ing_Court City Ft. Myers State Florida Zip _ 33919 Applicant's Telephone # (239)437 -5335 Fax # �J239)437 -5337 Applicant's E -Mail Address: NIA Name of Agent Kelly Smith Firm Davidson EngineeringC_ Agent's Mailing Address 2154 Trade Center Wav #3 City Naples State Florida Zip 34117 Agent's Telephone # _ (.239)597 -3916 Fax # {20597 -5195 Agent's E -Mail Address: ering com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Agenda Item No. 17A September 27, 2005 Page 17 of 51 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANMNG 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 643 -6968 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 Name of Master Association: City State Zip. Mailing Address City State Zip Name of Civic Association: Mailing Address City State Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Agenda Item No. 17A . September 27, 2005 Page 18 of 51 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock Eden Institute Foundation, Inca 140% 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 LIlvIlTED 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: Agenda Item No. 17A September 27, 2005 Page 19 of 51 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 (08/2003 ) leased ( }: Term of lease yr. /mos: If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase 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 leuu l description of the property covered by the anulicado : (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: Q$ Township:_ Range: 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00403800001 Metes & Bounds Description: 4. Size of proverty: ft: X ft. = Total Sq. Ft. Acres 9,6 _ 5. Address/zeneral location of subject property 101 Coun Barn Road Agenda Item No. 17A September 27, 2005 Page 20 of 51 6 . Adiacent zoning and land use: Zoning Land use N E Undeveloped, Vrovosed rezone to P1JD for high school S E Developed single family house E E DevelgVed church W ROW & E Cop= Barn Rd & Developed multi - family resi cmdal Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: -- Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: 7. Type of Conditional Use: This application is requesting conditional use # _4&, 5 of the E district for (TYPE of usE) Urivate school and. category I group care facility. Present Use of the Property: The subiectpropertY_is currently developed with two sin_2le family homes that were used for an assisted living, facili ty 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements -governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). Agenda Item No. 17A September 27, 2005 Page 21 of 51 a Describe how the project is consistent with the Collier County Land Development Code and Growth. Management Plan {'include information on how the request is consistent with the applicable section or portions of the future land use element: The proRas A project is a school farilily and group home for individuals w'th autism The nhool 2roaams are d i d to MMI the lifes an needs oUdividuals with autism In order to meet these needs the overall site plan includes a group home which wal also allow for respite care are,As for outreach services including physical theranv speech therapy and occupational therapy and recreationaf facilities for the use of the studeWs as well as program Varticipants The u jctpropea�, and th jacent properties acre within the Urban Desigpation and the Urban Residential Subdistrict on the Future Land Use man Policy 5.4 of the Crr4wth Manaaement Plan Future Land Use Element reauirec Ail 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 land uses b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The subject 'rnonerty is cauzently developed with two single v houses less an s to the ect ___CU from County Barn Road wrists at this time,County Barn Road is scheduled to be widened in 2006. Sidewalks will Wso be installed at that time. The property owner agrees to submit payment for the sidewalks in lieu of construction. a Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: _Thg._reauested conditional use is for a private school gip home and accessory uses No rtrmact with relatton to g1m economic impact or odor is anticirtated The school omates on the same sch ale as a t ical c 1. d Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The subject ,promly is zoned Estates One adjacent property is developed wish a church: another is develo ped with a Single-family house. The two ad' ent ernes to the north are owned by Seacrest School and are proposed to be developed with a Uzh sch oI. The requested conditional uses are compatible with the residential and institutional uses of the adjacent properties Agenda Item No. 17A September 27, 2005 Page 22 of 51 e. Please provide any additional information which you may feel is relevant to this request Edcn Florida is a Division of Edea Institute Inc. a Princeton. New Jersey based, non- profit oreanization with a unique mission to provide a comprehensive continuum of community based lifespan services for children adolescents and adults with autism and to provide support to their families Eden Institute was founded in 1975 by Dr. David L Holmes with the support of parents and Professionals who Aged his vision and ioined together with him to develop afamily- oriented, multifaceted program with a well- trained and dedicated facul Eden Florida was founded in 1996 to iueet southwest Florida's pressing need far individualized and specialized services for individuals with autism and their families. Shortly thfter, Eden found a facility — a former day care center — on Learning Court - erea in Fort Myers On August 8 2003 Eden Florida's capital campaign. dedicated to establishing a_private school 12resence in Collier County. which resulted in the purchase of 2101 County Barn Road It is the hone of Eden Florida that this address will soon become home to its central administrative support and a full educational program that will serve up to 50 students with autism and related disabilities. Autism is a complex lifelong d� evelQnental disability that affects social behavior. communication and learning It occurs in all racial ethnic and social groups. An article in the July 16 2003 Wall Street Journal estimates that 1 in 160 children in the United States jl in 250 people) is affected by autism and that it is growing at a rate of 10 to 17% per year. The povulation of Collier County is approximately 275,000 people with an estimated increase of 20% by the year 2010 — it is possible that a Wroximately 1300+ families will be affected by autism in Collier County by- date. With the support of their families and cogUMmini and the benefits that Eden Florida's gpecialized services offer — menu individuals. with autism will learn to lead independent and productive lives as active members of their community. Some individuals however will need the services of a behavioral intensive group home setting with 24/7 care that will be provided by Eden Florida in the first (and only) group home of its kind in District 8 which encompasses the counties of Charlotte. Collier Desoto Glades Hendry Lee and Sarasota. This residential home on the property of County Barn Road will be home for 6 participants and will be the only group home located on that property Eden Florida looks forward to a Positive presence m the communities of Collier County and to fulfilling its founding commitment of offering_prograiruaing that meets the needs of children and adults with autism so that they can lead independent and productive lives in the community to the best of their ability. Agenda Item No. 17A September 27, 2005 Page 23 of 51 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 subimt 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? 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre - application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8%" 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), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • locations of solid waste (refuse) containers and service function areas, • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and/or existing landscaping and buffering as may be required by the County, • location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c . An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). Agenda Item No. 17A September 27, 2005 Page 24 of 51 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); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre- application meeting, including but not limited to any required state or federal permits. Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign (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. Agenda Item No. 17A September 27, 2005 Page 25 of 51 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PAC"M "QUIREMENTS # OF COPIES RE UIRED NOT RE UIRED 1. Completed Application 20* 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Co ration 2* 3. Completed Owner /Agent Affidavits, Notarized 2* 4. Pre - application notestminutes 20* 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 20* 6. Environmental Impact Statement - (EIS) 4 7. Aerial Photograph - (with habitat areas identitled) S* S. Completed 'Utility Provisions Statement (with required attachments and sketches 4 9. Traffic Impact Statement - (TIS) 7 10. Historical & Archaeological Survey or Waiver Application 4 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee = $2000 Data Conversion Fee = $25 Fire Code Review Fee = $150 Check shall be made payable to; Collier County Board of Commissioners _ 14. Other Requirements - axn;uwcLts 104UUVU AVE LAIIg-KBIIgC ruum3mg review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay nof�processing of this petition. 6-12�q 105 Applicant/Agent Signature Date Agenda Item No. 17A September 27, 2005 Page 26 of 51 T.`,t. STATEMENT OF UTILITY PROVISIONS FOR CONDMONAL USE REQUEST 1. NAME OF APPLICANT: Eden Institute Foundation Inc. 2. MAILING ADDRESS: 13631 Leamin¢ Court CITY Ft. Myers ZIP 33919 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2101 County Barn Road 4. LEGAL DESCRIPTION: Section: 08 Township: 50 Range: 2¢_____ Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00403800001 Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM El b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM ❑ 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM ul b. CITY UTILITY SYSTEM ❑ c. d. FRANCHISED UTILITY SYSTEM PROVIDE NAME PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: 100 max Agenda Item No. 17A September 27, 2005 Page 27 of 51 a. PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 94 GPM AVERAGE DAILY 3.465 GPD B. SEWER-PEAK 9.6 GPM AVERAGE DAILY 3,465 G-PD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: if the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building 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 PmvW*o satmeat PJM 1047M Agenda Item No. 17A September 27, 2005 Page 28 of 51 Yl . AFFIDAVIT I, Vicki Isler Registered Agent. Eden Institute. Inc.. being first, duly sworn, depose acrd scry that I am the owner 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. 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 1 further authorize Davidson Engineering Inc- to act as my representative in any matters regarding this Petition. C 1� Vicki Isler, egi red Agent Eden Institute, I . V100 L. ISLEK, Typed or Printed Name ?Ire foregoing instrument was ack 7owledged before me this v(1 ' day of , 2004, by Vic 'Isler who i persona�Y�M�� tome r has produced as s State o Florida ( Signature of Notary Public - State of County of Collier flotida) (Print, Type, or Stamp Commissioned �'`�� N ARLENE N. PARKER t MY COMMISSION # DO 287349 �t1f A40 EXPIRES. January 17.2008 t�003N My R Notary Diwm"Aswc. co. 86/16/2994 17:56 6595724 FROM Davidson Engineering AIIDRESSINf' Agenda Item No. 172 (FR I) JUN 13 2044 10 :25AT.10 :23%i�8t�" L& .zDD1RESSING C - Pbaae contpietc the hollowing ind aobmh to the AftmsiM Section for Review. Not dl item. w; l to fWRmillL items is Isom ftm.#lim mm" 1. Legal dmaiipdo4 of pbjact p m wty qF tx (arpy o .knpV desanfp>dFon way bo arrea A rd) ,, 2 F ID) ammber(s) of above (attach ra or &uwiats w k kga l dasar"on yr., man one) 3. Sued addae sa or ssldrm" (as apphcxrble, ;f drm* ani asa) 4. ><ioKadon msp, showing intact locadon tr£project/site in >K,1 to n pasbl% rand rigs -oi .army (o troth} 5. Copy of smnroy OmEDID ONLY FOIL, UNf LATrw PROPERTms) b. Proposed pmjor:t name i ''applrGaabtita) FpsFlaia. •- "W r fi r. "....t 4..,.4k...bjamxed 4,1A -(Z 7. Proposes Street nsmva (Vq ) 8. Site Development Plan Nsmsbar (FOR LMSTIN© PROJECTS/SrMS ONLY sAr. 0. Poddm Type — (Complete s separM Addreming Cb Wist for amh Pcttftiion Types) (3 SDP (Sits Dewed plea) Pl=L (PiM & Plat Review) Q SDPA (SDP Ammdmant) Q SDPI (SDF lam ) PSP (Prelimy 9ubslinri Im Pls ) PP miw PIC} SIP (Site hwavemmt Plain LLA (I.(t Use AdImMo nt) SMA (SIP Amm*u= t) BL (Bleating F+ermb) SNR (Strom Name Ctup) ROW {RioroMly pe3w ) VagVfttioWZxodo (Veg Removal Pgmb) [7 EXF (B,aavation Pemff) Lend Use Peadon (Vubace, QMdW d , 'VRW (Veg. Ratnaral dt Sim Fit p*mdtl Boat Dade Fxt., Rnaone, Pup ron9one; oar,) ❑ Othx• neacacibe: 10. Project or deveiopmer4 rammpwp*W ibr, or atrmdy Vp"Zims * omdons;niam doc ummu ( f UPPficabtei in&WO whaar proposed or m awW 11. Please Check One: W Checklist is to be► Fined Bade Pasouslly Picked Up 12. App41asmt Num , Tocit N"Aw m. 283d4agi g_�+.a„ 13. ftn mar on Addsegg C bjddjst do= not � A �.;p. s,v ,A_ . A.� -- a - - -- *+ems Pleode239.59T. 915 ��?3 �. � .. Pmject eaftr Strout Nine gVvvval cad i v m)b*t to MR ".11im imt ONLY y Number Addrm Number Address Number Address Number ^" Approvod by ..3 f'Yl c-,cn Do* RECE VED Book 3364 - Page 2186 CU- 2004 -AR -6700 Agenda Ite r _ff 1 PROJECT #2002020014 September 27, 2005 DATE: 10/29/04 Page 30 of 51 MICHAEL DERUNTZ a 1 s i f i a 1 i t i s S 1 Twp.. -It ,soon I h mod w.WW Rabort T. aos•r +. saaui98 !1 v1sey"" SMUT.xd r2ori" 3411! yrs/Ia!�eaMe� 00103500001 CWGI&e rl TIN (kUw rI TIN. Warranty Deed pit 3234621 OR: 3364 PG4' 2186 i1CC1D1 ^. u �lPT.ti t1tX'Rt1 aF 01: -'11 MrI, '= 1. wa, C1.11S w HE n I 1Rp1 5 {:11 Tw tndestsre, MWCNA itb dayor August . 2003 AD, adwes Tunis* J. 1lwrkias. a Single nan of mr cw m&j a C5011isr , auk d flawl" , ¢4s10r1 sad =d.n 2astituts taaadstion, *no-, s I- PcOtit, a cosposatien,sadsting under tha lw a of the hates of XW 44TV47 .Mee s/.... 0. Lapses aril/., priMStan, MW sarsay 0*549 or w C—" of Mercer aN of tlsw Jarsay , V0000- VAbMM M *AI two^ wM m,wr 6.1er1 o(oa.rMar -Tau DOLUL22 010)- ---- - - - - -- nom, awe er,er fad ssi AwM, w W,wibf a OLWW ll M. Mid VW br MANWP- M -dp wMsr a bwft S*Nm i l� � tr °ri sties M IMP sia (NA 0M a1431lANTFk'72 Msc ,racwr*t ad neesis Mwrr, dw f r.es Ld. olaft ,rY,fsrdae rd,rebssrof swe or ylovide - too* The south Gat -halt (1/2) of the lrost:h "g-bait 11 /2) of the Soutbaast pates- gaartlr (1/4) of the Northwest OM- quarter (1 /4) of Section to Ta�mshig S0 South, Rer4e, 26 Salt. Celliar OnOtIf, llorida, liras tbs West SO feet thereof seel ae so*, does hereby " %ON 4e We b UK WA MM WN "WN dM lset 100 % WW slIbm d A Peas *%Mwr,r.. to wham wboreA as tww to know ar ws bw "a saes at ft +w Per Na am wwa Sip A sedsd and 4Avuvd Io our preresee: dia-ame-a. t T ez- witness f.0. A0w Teor oar frr{ CUgo r9Vh% f6 MW Priatnd 2fstas n a.� fih C1 rt`&ft% witness STATE OF' 8lorida Ctt1J1M OF Collier aw sw#wg wrwxwl w ww wr,arra bAW aw ak #th &W or "goat ,1003 vy TbMUS J. "wkins, a sinpia "a Mr is pnoarNy M.aweo ■.r w Mr 6rs v�ead fit, lllariela diriva! e a liaaatss p YaY. http:// www. coilierappraiser .com/viewer/Image.asp? 7/20/2004 LAND DEVELOPMENT • UTILITIES • PERMITTING • WATER MANAGEMENT • FEASIBILITY STUDIES October 18, 2004 Ms. Barbara Burgeson Collier County CDES 2800 N Horseshoe Dr Naples FL 34104 RE: Eden Florlda, Inc. Private School Conditional Use Application Dear Barbara, Agenda Item No. 17A September 27, 2005 of 51 DAVIDSON ENGINEERING CU- 2004 -AR -6700 PROJECT #.2002420014 DATE: 10/29/04 MICHAEL DERUNTZ 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 two (2) houses, which were previously used for an assisted living facility. The existing native preserve area which exists within the westerly 400 feet of the property is not proposed to be impacted by the new construction. 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. 2154 Trade Center Way, Suite #3 • Naples, Florida 34109 • Phone: 239.597.3916 • Fax: 239.597.5195 www.davidsonengineering.com Agenda Item No. 17A September 27, 2005 P f51 Dit DAVIDSON 3.8.8.3.E. The proposed conditional use will utilize one of 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 Kelly NMw ele Smith Planning Coordinator Q LO r fOw vN O co _ Q> .0 M BEd 4) N Q 3113S O/ lON 'M19 SN31VM ONMYJ w� 8 rc k �Z J Z < ';1 LL 3� II m AYM AI INfI (fJ U " p w� =312 � k S i I Z F- MOObb31Q0Y5 w ism Ju � O r =� W qQ II WIMS 'WO 310Y3 N310 OYOtl Mlle Ai NIM $� 8 uj 00 y tl 1 L 3113S O/ lON 0 W I. Z O H Q. U O J H W w� 8 < ';1 LL 3� awnavloa mwnoo $Y�i too yv " p w� =312 � k S i F- MOObb31Q0Y5 w ism Ju r =� W qQ $� 8 uj 00 y tl n a of a 3�n ,Y�YS " r < 3 p011V1NYld a L C2� �it g 'DOOWA4 3w uff iii a$ VWN— A lz -- y� g" W fag s �d GYM Nwe Lumo s� rlLn �� - aaim S31v1S3 �b3BN3l1bW. 31Npd NxOtl3 u ��" Q 'JtllbN33� n W I w 53MV, a0VNV3, .',�j b �n n 6 v`r6 0 W I. Z O H Q. U O J H W N O O ZNM m @cd a � a m m Q� E 1512.1 a 2d1 141 -III oh 111wili, a d A I 9 1 S Q040'A' E r y I 9 I I I I I I I e� r�ro w B OOOO E ii OE IV I 1 I e I I 6 S e'' I I FIT �II II I I (� I I I I"d I I �I i� III I I I I I I II I� I' I I I ]�M _ arm "W ,c NDOO In � xti 4 N 2 S C 8 y az g" 2Q �o o� 2w �4q W a 2� V q 020° ca�Q xa C 0 q� �Q p .� W I I $� rla l a a a i a i a I '�� N i i a a a a a l I l i a a i i i a a I I I lal ' li lil ih a a� i a i t ' I i i a a ► �# i a ]�M _ arm "W ,c NDOO In � xti 4 N 2 S C 8 y az g" 2Q �o o� 2w �4q W a 2� V q 020° ca�Q xa C 0 q� �Q p .� W Agenda Item No, 17A September 27, 2005 Page 35 of 51 RESOLUTION NO. 05 - A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF TWO CONDITIONAL USES IN THE "E" ESTATES ZONING DISTRICT FOR A PRIVATE SCHOOL AND GROUP HOME, TO SERVE THE RESIDENTS OF THE GROUP HOME AND PROGRAM PARTICIPANTS PER TABLE 2, SUBSECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 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 (Ordinance No. 2004 -41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of two conditional uses per Table 2 Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning District for a private school and group home, to serve the residents of the group home and program participants. The proposed project is located on the property hereinafter described. The Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.13 of the Land Development Code; and WHEREAS, all interested 'parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. Page 1 of 2 Agenda Item No. 17A September 27, 2005 Page 36 of 51 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CU- 2004 -AR -6700, filed by Kelly Smith of Davidson Engineering, Inc., representing Eden Institute Foundation Inc. with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for two conditional uses per Table 2 of Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning District for a private school and group home, to serve the residents of the group home and program participants, in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Board. Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and super- majority vote. Done this day of 12005. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney CU-2004-AR-6700, Eden Florida/MJD /sp BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 1A FRED W. COYLE, CHAIRMAN Page 2 of 2 !� FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -6700 The following facts are found: Agenda Item No. 17A September 27, 2005 Page 37 of 51 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 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: th Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes -/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: VINo affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval */JOMQW DATE: 9 It 105- CHAIRMAN: A"VJ�J EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMENUSSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -6700 The following facts are found: Agenda Item No. 17A September 27, 2005 Page 38 of 51 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ✓ Affect mitigated by -time-$ �' �µ4y Affect cannot be mitigated D. Compatibility with adjacent,properties and other property in the district: Compatible use within district Yes ✓ No Based on the above findings, this conditional use should, with stipulations, (copy attached) .(shou14 -a }be recommended for approval DATE: I- l - D 1�-- MEMBER: 69 Agenda Item No. 17A September 27, 2005 Page 39 of 51 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 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 t/ 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: --L1–Wo affect or Affect mitigated b g Y Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes i/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: C1 / 6 S�_ MEMBER: C+ Lic". -» FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -6700 The following facts are found: Agenda Item No. 17A September 27, 2005 Page 40 of 51 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land D velopment Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effect 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 No Yes Based on the above findings, this conditional use should, wi tipulations, (copy attached) (should not a recommended for approval DATE: -��r J� .Zd7J MEMBER: i to FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -6700 The following facts are found: Agenda Item No. 17A September 27, 2005 Page 41 of 51 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of- A. Consistency with the Land Development Code and Growth Management Plan: Yes � No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes I/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: y No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with ipulations, (copy attached) (should not) be recommended for approval ° DATE: q i � MEMBER: W. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -6700 The following facts are found: Agenda Item No. 17A September 27, 2005 Page 42 of 51 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 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 Deve pment Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes Z-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 v No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: / / — e�s� MEMBER: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -6700 The following facts are found: Agenda Item No. 17A September 27, 2005 Page 43 of 51 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 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 Y 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 Y No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: Y No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use hould, with sti ulation , (copy attached) (should not) be recommended for approval DATE: � MEMBER: V FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -6700 The following facts are found: Agenda Item No. 17A September 27, 2005 Page 44 of 51 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes !! No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes Z No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes '-""'No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: '� O r FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -6700 The following facts are found: Agenda Item No. 17A September 27, 2005 Page 45 of 51 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 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 effec 7, No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use yv'thin district Yes V/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: U S� EXHIBIT "A" Agenda Item No. 17A September 27, 2005 Page 46 of 51 CONDITIONS OF APPROVAL — CU- 2005 -AR -6700 — Eden, Florida 1. The Department of 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 approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04 -41. 2. A fifty -foot wide roadway easement, for the length of the property frontage along County Barn Road, shall be provided at no cost to Collier County for roadway and stormwater improvements, within four months of the approval of this Conditional Use. The proposed easement is located on the east side of an existing 100 -foot wide roadway easement for County Barn Road. 3. The Conditional Use approval is to allow a private school, with a maximum of 50 students. The use is limited to what is depicted on the site plan identified as "Eden Florida Campus" prepared by Davidson Engineering, Inc., dated October 2004, stamped '`Received 7/l/05". 4. A six -foot chain link fence shall be installed around the perimeter of the property prior to the start of the construction of the private school. Exhibit "D" G: \DeRuntz\AR- 6700\Conditions of Approval Agenda Item No. 17A September 27, 2005 Page 47 of 51 LEGAL DESCRIPTION — CU- 2004 -AR -6700 — Eden, Florida South '/2 of North '/2 of the Southeast '/4 of the Northwest '/4, less the West 50', Section 8, township 50 South, Range 26 East, as recorded in O.R. Book 456, Page 299, of the public records of Collier County, Florida Exhibit "B" LAND DEVELOPMENT - UTILITIES • PERMITTING • WATER MANAGEMENT - FEASIBILITY STUDIES Eden Florida Agenda Item No. 17A September 27, 2005 of 51 DAVIDSON ENGINEERING CU- 2004 -AR -6700 PROJECT #2002020014 DATE: 10/29/04 MICHAEL DERUNTZ Transportation Impact Statement Prepared For Eden Institute Foundation Inc 13631 Learning Court Ft Myers, FLORIDA 33919 (239) 437 -5335 Prepared by Davidson Engineering, Inc. 2154 Trade Center Way Naples, Florida 34109 (239) 597 -3916 October 2004 r 4' 4?W R6*00 µo.000)9.49& ComponY Reg. 2154 Trade Center Way, Suite #3 - Naples, Florida 34109 - Phone: 239,597.3916 • Fax: 239.597.5195 www.davidsoneng ineering,com Agenda Item No. 17A September 27, 2005 Pa f 51 DAVIDSON ENGINEERING Introduction Eden Florida is a planned 9.91 acres commercial private school development located at the east side of County Barn Road, approximately 1.1 miles away from Davis Blvd. The project is within Section 8 South, Township 50 South, Range 26 East, Collier County, Florida. Existing Conditions The subject property is currently developed with two single family homes that were used for an assisted living facility. Proposed Conditions The proposed project is a school facility for individuals with autism. The school includes a group home, outreach services, classroom, gymnasium, and maintenance facilities. The roadway, pavement, water management area and utilities will also be constructed along with the school buildings. Trip Generation Trip generation rates were per the Institute of Transportation Engineers publication, Trip Generation Sixth Edition. Land Use Category and their associated units used for the project are listed below. A: Number of units (i.e. dwelling units, square feel, etc.) A private school with 50 students maximum B: Description of development and ITE category for trip generation. This project is a private school development. The ITE category used for these trip generations is listed below: Private School (LUC 521) is used for the AM and P.M peak hour trips. Middle School (LUC 522) is used for Weekday Traffic. Table i Private School (LUC 521)/Nflddle School (LUC 522) X =5d Calculated Traffic Equation Entering Exiting Weekday Traffic = 74 1.45(Average Rate) 37(50%) 37(50 %) Agenda item No. 17A September 27, 2005 111 f51 DAVIDSON Calculated Traffic Equation Entering Exiting Weekday Traffic = 74 1.45(Average Rate) 37(50 %) 37(50%) Adj. Street Traffic Hour Non Pass -by AM Peak Hour Traffic =46 0.92 (Average Rate) 28(60%) 18(40 %) Adj. Street Traffic External !mpg commercial/Private School 46 PM Peak Hour Traffic =l0 0.2 (Average Rate) 4(38 0/*) 6(62 %) T able Z Total A.M Peak Hour Non Pass-by =ternai r'r Ole" I r1 s Land Use Calculated Pass-by Entering Exiting Total A,M Peak % of Total Rate Hour Non Pass -by Volume Trips (Section #) External !mpg commercial/Private School 46 0.00% 28 18 46 • AM peak hour trips an calculated with 0.0% pass -by rate and 0.0% internal capture rate Trip Distribution and Influential Area 100% project site generated trips will go into County Barn Road. Continuing to the intersection between Davis Blvd and County Barn Road: 60% trips will head west along Davis Blvd 40% trips will head east along Davis Blvd Impacted roadway segment is listed in Table 3 below. T9hla 4 llmnArtpd Iqe9mentS Segment Roadway Segment Wo--m o Peak Service % of # Name Hour Volume Service (Section #) Project Volum TrI e 1 County South of North/South 46 900 5.11% Barn Road Davis 513 Blvd 2 Davis Blvd East of West/East 28 1800 1.56% (559) Airport Road 3 Davis Blvd West of West/East 18 1800 1.00% (538) Radio Road CONCLUSION Since the net added AADT is less than 1000 trips and the peak hour trips is less than 100, no further traffic impact study is needed for this project. This site development project will not have negative impact to the existing roadway. Agenda Item No. 17A EGE W1 AUG 2 3 2005 ZONING DEPARTMENT August 21, 2005 Collier County Government Community Development & Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, Florida 34104 Attention: Michael J. DeRuntz, Principal Planner Re: Petition: CU2004 -AR -6700 I am writing as the owner of the twenty acre property south of Eden. In a meeting held at Edens with their representative and Collier County Government. All I asked for is that the south side of their property be fenced. To this Eden agreed. I think they will be good neighbors, and welcome them with open hearts. Sincerely, Charles R. Keller 2301 County Barn Road Naples, Florida 34112 Agenda Item No. 17B September 27, 2005 Page 1 of 35 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled "Correctional Impact Fee Study, Collier County, Florida ", establishing methodology for the annual indexing adjustment to the Correctional Facilities Impact Fee Rates, and providing for a delayed effective date of November 1, 2005. OBJECTIVE: That the Board of County Commissioners (BCC) adopt an Ordinance amending Schedule Four 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) to reflect the amended impact fee rates set forth in the impact fee study, providing the incorporation by reference of the impact fee study entitled "Correctional Impact Fee Study, Collier County, Florida" and establishing methodology for the annual indexing adjustment to the Correctional Facilities Impact Fee Rates in order to continue to accurately provide financial resources for the construction and/or expansion of the County's Correctional Facility system. CONSIDERATIONS: Collier County has used impact fees as a funding source for growth - related capital improvements related to Correctional Facilities since June of 1999. The BCC established the current impact fee rates in June of 1999; therefore these rates have been in place for slightly more than six years. The requirement for the update of impact fees "at least every three years" is set forth by Section 74 -502 of the Collier County Consolidated Impact Fee Ordinance (CIFO). In keeping with the formal update requirement, the County executed a consultant contract with Henderson, Young and Company to complete the update study; however, that contract was terminated by the BCC in May of 2004, with further direction given, through the County Manager, for staff to retain a new consultant to complete the study. Duncan Associates (Consultant) was selected as the new consultant on July 17, 2004. The attached report describes the technical and legal framework and methodology used to complete this update study. The Consultant recommends a change in the Correctional Facilities Impact Fee rate schedule, which currently is based on one Residential rate, assessed per dwelling unit, with no consideration to the size of the unit. The fee schedule proposed in this update utilizes two Residential impact fee rates, one for single - family homes and the other for other residential dwellings (apartments, condominiums, etc.), that are assessed per 1,000 square feet, with a cap at 4,000 square feet. The proposed fee schedule is considered by the Consultant to be the most accurate and legally defensible option for the imposition of these impact fees. The proposed rate schedule for commercial construction utilizes the same land uses as the current schedule. Correctional Facilities Impact Fee Update Page 2 Agenda Item No. 17B September 27, 2005 Page 2 of 35 The following is a brief summary of the other changes embodied in the update study and corresponding rate schedule: • This update utilizes building square footage as the measure of existing and planned facility capacity. • Capital costs are not converted into annual costs to establish the economic life of the building (resulting in the assessment of less than the full cost), because the County will not charge an additional impact fee when the structure is replaced. • The update study utilizes an average percent of bookings, per land use, over a four -year period in order to help to ensure the reliability and stability of the data. • Interest costs are included because they are a legitimate impact fee expense. • The study provides for the definition of a land use category on the Correctional Facilities Impact Fee rate schedule in order to eliminate confusion related to its applicability to various types of developments. On May 27, 2005, the proposed Correctional Facilities Impact Fee rate schedule and the study were presented to the Collier County Productivity Committee for review and consideration. The Productivity Committee voted to support the scope and methodology of the study and the implementation of the new Correctional Facilities Impact Fee rate schedule. The proposed Correctional Facilities Impact Fee rate schedule and the study were also presented to the Development Services Advisory Committee (DSAC) on June 1, 2005. DSAC voted unanimously to support the recommended rate schedule revision and study, 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 impactfees on enhancements for whatever the impact_fee designation may be. " GROWTH MANAGEMENT IMPACT: The adoption of the proposed Correctional Facilities Impact Fee 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 proposed impact fee rates are designed to provide adequate funding for Correctional Facilities capital improvements indicated by the Capital Improvement Element of the Growth Management Plan. Additionally, in regard to the effects of impact fees on new housing development, a 2,000 square foot (living area) single - family home would have an associated Correctional Facilities Impact Fee of $205.20, an increase of $87.22, which is less than a one - percent increase in the current total impact fees for a single - family home (on Collier County Water and Sewer). The impact fee for the residential Correctional Facilities Impact Fee is 1 Correctional Facilities Impact Fee Update Page 3 Agenda Item No. 17B September 27, 2005 Page 3 of 35 calculated based on a square foot basis that ensures an equitable fee distribution among residential uses. Finally, the residential Correctional Facilities Impact Fee is capped at 4,000 square feet, which has been determined by the Consultant as the point at which demand generated by household size levels off. This approach avoids the potential for overcharging and is the same square footage cap that is utilized for the Law Enforcement and Library Impact Fee. Further, on July 27, 2005, the Board of County Commissioners adopted an amendment to the CIFO establishing the County -wide Impact Fee Deferral Program for affordable housing. Therefore, this impact fee increase will be included in the total deferred amount for qualifying dwelling units, and will not create a financial burden to those qualifying individuals. The update study also contemplates a significant change in the rates for commercial land uses. The Consultant, using the most current and relevant data, recommends the changes discussed above for the residential rates and illustrated below for the commercial rates, to the current Correctional Facilities Impact Fee rate schedule, finding that these proposed rates best equitably distribute the cost of new correctional facilities, necessitated by growth, to those residential and commercial land uses that generated the demand for such facilities in accordance with the dual rational nexus test. Below is a side -by -side comparison of current and proposed commercial rates per land use: LAND USE CURRENT RATE (PER SQUARE FOOT) PROPOSED RATE (PER SQUARE FOOT) DOLLAR CHANGE (PER SQUARE FOOT) Hotel/Motel $0.2430 $0.3071 $0.0641 Hospital $0.4914 $03260 ($0.1654) Office $1.3260 $0.2132 ($1.1128) Retail $1.0920 $0.5426 ($0.5494) Restaurant/Bar /Lounge $1.7043 $0.5426 ($1.1617) Industrial/Manufacturing $0.0312 $0.0296 ($0.0016) Leisure /Outdoor $0.5616 $0.5426 ($0.0190) Church $0.1170 $0.0832 ($0.0338) School/College $0.1599 $0.7155 $0.5556 Government/Public Buildings $0.6708 $0.2335 ($0.4373) Correctional Facilities Impact Fee Update Page 4 Agenda Item No. 17B September 27, 2005 Page 4 of 35 FISCAL IMPACT: Based upon assumptions from actual past collections of Correctional Facilities Impact Fees and permitting activity as well as from current permitting activity and forecasts, the projected change in Correctional Facilities Impact Fee revenue, associated to the study and corresponding fee schedule changes, is anticipated to be revenue neutral to current collections; however, changes in the trends associated with the sizes of new homes being constructed in Collier County and the types and square footage of commercial construction will directly affect this incoming impact fee revenue stream. The Ordinance amendment sets forth methodology to be used to index the Correctional Facilities Impact Fee in the two years between the formal three -year update. The indexing formula utilizes the Consumer Price Index, for the Miami -Ft. Lauderdale area, provided by the Bureau of Labor Statistics. Land costs were not included in the indexing formula because the majority of land utilized for the construction of correctional facilities is on land that is already owned by the County. In the event that the County is required to purchase additional land for the construction of future correctional facilities, that information will be reflected in a future update study through an updated methodology component and indexing formula. LEGAL CONSIDERATIONS: The proposed Ordinance is 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 Collier County Code of Laws and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, as amended, implementing the proposed Correctional Facilities Impact Fee rate with a delayed effective date of November 1, 2005. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager, Financial Administration and Housing, CDES Agenda Item No. 17B September 27, 2005 Page 5 of 35 County Manager's Office COLLIER COUNTY 9/19/2005 12:30 PM BOARD OF COUNTY COMMISSIONERS Item Number: 17B Item Summary: Recommendation that the Board of County Commissioners adopt an Ordinance amending Date Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Office of Management & Budget Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended Approved By rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled Correctional Impact Fee Study, Collier County, Florida, establishing County Manager methodology for the annual indexing adjustment to the Correctional Facilities Impact Fee Board of County Rates, and providing for a delayed effective date of November 1, 2005, Meeting Date: 9/27/2005 9:00:00 AM Approved By 9/2112005 3:21 PM Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 9/13/2005 3:10 PM Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Environmental Services Financial Admin. & Housing 9/14/2005 11:49 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/14/2005 5:32 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/14/2005 9:29 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/16/2005 9:05 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/19/2005 12:30 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 5:28 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/2112005 3:21 PM Agenda Item No. 17B September 27, 2005 Page 6 of 35 ORDINANCE NO. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FOUR OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS 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 IMPACT FEE STUDY ENTITLED ,,CORRECTIONAL IMPACT FEE STUDY, COLLIER COUNTY, FLORIDA "; AMENDING THE CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; PROVIDING FOR THE DEFINITION OF A NEW LAND USE CATEGORY ON THE CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE; ESTABLISHING METHODOLOGY FOR THE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO THE CORRECTIONAL IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2005. WHEREAS, on June 22, 1999, the Board of County Commissioners adopted Ordinance No. 99 -52, the Collier County Correctional Facilities Impact Fee Ordinance, thereby establishing the County's then applicable Correctional Facilities Impact Fee rates, and, as such, those rates have been in effect for more than three (3) years; and WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding 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 Collier County Code of Laws and Ordinances (the "Code "), and incorporating the aforementioned Correctional Facilities Impact Fee rates that had been established by the adoption of Ordinance No. 99 -52; and WHEREAS, as Section 74 -502 of the Code states that impact fee studies should be reviewed at least every three years, the County retained Duncan Associates, in association with Dr. James C. Nicholas (the "Consultants "), to review the existing Correctional Facilities Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultants have prepared an impact fee study, entitled "Correctional Impact Fee Study, Collier County, Florida," dated April 18, 2005 (the "Study "); and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Study recommends changes to the Correctional Facilities Impact Fee rate schedule, as set forth in Schedule Four of Appendix "A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and SjydadinW tact is added; &we& &F-0 text is deleted Agenda Item No. 17B September 27, 2005 Page 7 of 35 WHEREAS, the Study also recommends establishing the proposed impact fee rates in order to more equitably distribute the costs of acquiring public facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by commercial and residential land uses; and WHEREAS, the Consultants have developed fee calculation and indexing methodologies that will be imposed in an equitable and non - discriminatory manner; and WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the recommended changes to the Correctional Facilities Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended changes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article I, General, Section 74 -106, Adoption of impact fee studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74.106. Adoption of Impact Fee Studies. * ** (7) Correctional facilities: ' .T.7F.,,a... v,., a r+,....pe t i e ., 26 !999), -w- � Correctional Impact Study Collier County. Florida- prepared by Duncan Associates (April 1 2005) as amended; and * ** SECTION TWO. Article I, General definitions, Section 74 -108, of the Collier County Code of Laws and Ordinances is hereby amended to add the following definition: * ** Other residential/nursine home shall mean any dwelling unit or rUoup guarters other than-single-family—detached residences including_ apartments townhouses, condominiums nursing homes dormitories fraternities and sororities, but not including hotels motels or similar short-term lod a facilities or any governmental institutions * ** SECTION THREE. Article III, Special Requirements for Spec* Types of Impact Fees, Section 74 -308, Special requirements for Correctional impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74.305. Special Requirements for Correctional impact fee. (f) Impact fee rates. The correctional impact fee rate schedule incorporated in schedule 94 is hereby adopted and the correctional impact fees established in the correctional impact fee rate schedule are hereby U t=t is dd4- 6VMh ike Witis deleted Page 2 of 4 Agenda Item No. 17B September 27, 2005 Page 8 of 35 imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories. () Annual Mid Cycle Correctional Impact Fee Rate Indexing. Bey-inning on November 1 2005 the County shall commence a three -year Correctional Impact Fee update cycle pursuant to Subsections 74- 20l(b) and 74- 502(a) of the Code In each of the two (2) mid -cycle Years (between the formal three-year updates) beginning on or about November 1 2006, the County shall implement adjustments to the correctional nnPact fee rates based Won the building cost index provided by the Engineering News - Record. Mid cycle indexed rate change adjustments will be adopted by a Resolution of the Board Pursuant to Subsection 74- 201(b) of this Chapter. 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 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 FIVE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions in Sections One through Three of this Ordinance shall he made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re- lettered and internal cross - references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX. EFFECTIVE DATE. This Ordinance shall be effective November 1, 2005, subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of September, 2005. BOARD OF COUNTY CONMSSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman wed text is addcd: swmh 6mq* tW is deleted Page 3 of 4 Square Pootags RMideadak Sinele- Family De Other ResiderrtiaL Dion- ReddeWW: aging Hotel/ Motel APPENDIX A SCHEDULE FOUR: CORRECTIONAL FACII.TTIES MWACT FEE RATE SCHEDULE Land Use Correctional Facilities Impact Fee Per i" of Medico! Hospital Retail /Camtnctz'W/Rectr:atio RestaurantBar /Lounge Industrial /Manufacturing Leisure/Outdoor, Inaftdons crotch School/College Govern —t(ru buildings Si�98 $0.1026 per aauare foot* $0,056?, per�quare foot** W+�M,3471 Per square foot �� So 924; pw squW64MA SA+ P44,� LUMper equate foot 6; 3a6e S0,2132 per square foot $; 0920 $0.5426 per square foot U 704a $0,5426 per square foot SQQ i4 �2k Pea' square foot ^ $0.5426 per square foot � a9 Sep -zee $0.0832 per square foot 19 1 099 $0.7155 per square foot 56=6408 $0.2335 per square foot . The QMerfliyal Facilities Impact Pet is eRp bnaed unon the fee ay�licabic to a 4,0M sotufro font6iVing areal Sinelc -Family 1lwtarhod der Wnr unit. s* Iladrsllmd hsat is added SradWkwae► hat im deleted Pale 4 of 4 Agenda Item No. 17B September 27, 2005 Page 9 of 35 Collier County, Florida duncan I associates Agenda Item No. 17B September 27, 2005 Page 11 of 35 CONTENTS INTRODUCTION AND SUMMARY ................ ............................... 1 GROWTH CONTEXT ...................... ............................... 1 DEFINITION OF FACILITIES ..................... ............................... 4 SERVICE AREA ... 4 LEVEL OF SERVICE .............................. ............................... 4 METHODOLOGY................................ ............................... 5 BOOKINGS BY LAND USE ........................ ............................... 6 CAPITALCOSTS .............................. ............................... 10 REVENUE CREDITS ............................. ............................... 15 POTENTIAL FEES .............................................................. 15 INFLATION INDEX ............................. ............................... 16 APPENDIX A: HOUSEHOLD SIZE ANALYSIS ..... ............................... 17 APPENDIX B: PROPERTY USE CODES ........... ............................... 19 APPENDIX C: PROPOSED ORDINANCE AMENDMENTS ......................... 21 LIST OF TABLES Table 1: POPULATION GROWTH, 1990 -2000 ................. . Table 2: ESTIMATED DWELLING UNITS, 2004 Table 3: ............................... JAIL POPULATION TRENDS, 1994 -2004 2 Table 4: .............................. EXISTING AND PLANNED INMATE CAPACITY ...................... 3 4 Table 5: ARRESTS IN COLLIER COUNTY BY AGENCY, 2003 ................... 6 Table 6: SHERIFF'S OFFICE BOOKINGS, 2003 ................................ 7 Table 7: .. BOOKINGS DIRECTLY ATTRIBUTABLE TO A LAND USE, 2001 -2004 ... 8 Table 8: DAILY VEHICLE -MILES OF TRAVEL BY LAND USE TYPE ............ 9 Table 9: WEIGHTED BOOKING DISTRIBUTION BY LAND USE ............... 9 Table 10: EXISTING AND FUTURE BUILDING SQUARE FEET ................ 10 Table 11: NAPLES j ?AIL CENTER CONSTRUCTION COSTS ..................... 11 Table 12: DEBT SERVICE FOR JAIL EXPANSION ............................. 12 Table 13: EXPANSION - RELATED EQUIPMENT COSTS Table 14: ........................ JAIL LAND VALUE ................. ............................... 13 13 Table 15: CORRECTIONAL FACILITIES REPLACEMENT COST Table 16: ................ CORRECTIONAL FACILITIES COST BY LAND USE .................. 14 14 Table 17: COMPARATIVE FEES ............... ............................... 15 Table 18: CORRECTIONAL IMPACT FEE REVENUE Table 19: .......................... AVERAGE HOUSEHOLD SIZE BY BEDROOMS 16 Table 20: ...................... PROPERTY USE CODES BY LAND USE CATEGORY ................. 17 19 prepared by Duncan Associates Clancy Mullen, Principal Author 13276 Research Boulevard, Suite 208, Austin, TX 78750 (512) 258 -7347 x204, clancy @duncanplan.com, www.impactfees.com Agenda Item No. 17B September 27, 2005 Page 12 of 35 INTRODUCTION AND SUMMARY The purpose of this project is to assist Collier County in updating its correctional impact fees. They have not been updated since they were originally adopted in 1999. The original fees were based on a study by Henderson Young & Company.' The Correctional Division of the Collier County Sheriff's Office operates two jail facilities: the Naples Jail Center and the Immokalee )ail Center. The Naples Jail Center is the primary booking and intake location for all law enforcement agencies operating in Collier County. The Naples Jail Center provides a full range of security environments (minimum to maximum), while the Immokalee) ail Center provides minimum and medium security environments. GROWTH CONTEXT Impact fees are most appropriate for communities experiencing rapid growth, and that phrase certainly applies to Collier County, which is the second - fastest growing metropolitan statistical area in the country, after Las Vegas.'` As can be seen in Table 1, most of the growth has been occurring in the unincorporated areas. The three municipalities have been growing in population at about 2.2% percent annually, accounting for about 7.2% of county -wide population growth.. The unincorporated area has been growing at 5.8% percent annually, and accounts for 92.8% of population growth. Table 1 POPULATION GROWTH. 1990 -2000 Source: 1990 and 2000 U.S. Census. 10/19/04. Building permit records confirm that the growth experienced in the 1990s has continued up to the present. Since the year 2000, the county has added 29,301 dwelling units, as summarized in Table 2. This represents an annual housing growth rate of 4.7 percent. ' Henderson Y oung & Company, Kate Study for Impact Fees for Correctional Facilities, Final Report, April 26, 1999 2 U.S. Census Bureau, StatisticalAhstract of the United States: 2003, Table 26: Large Metropolitan Statistical Areas — Population: 1990 to 2002 Collier County /Correctional Impact Fee Study April 19, 2005 —page 1 Agenda Item No. 17B September 27, 2005 Page 13 of 35 Table 2 ESTIMATED DWELLING UNITS, 2004 (Single Family 56,869 13,143 70,012 Multi Family 75,775 15,637 91,412 Mobile Homes 11,892 521 12,413 Total 144,536 29,301 173,837 Source: 2000 data from U.S. Census; 2001 -2004 permit data for unincorporated area from Collier County lfiscal years October 1 through September30); permitdata for municipalities from U.S. Census website for calendar years. The extremely rapid rate of growth experienced by Collier County in recent years cannot be sustained as the population of the county grows larger. Nevertheless, growth will continue to be substantial. The Florida Legislature's Office of Economic & Demographic Research projects that the population will grow from an estimated 305,275 in 2004 to 489,869 in 2020. The compounded annual growth rate is thus projected to fall from about five percent to about three percent, which is still extraordinary. Growth in Collier County is shifting from an exponential to a linear pattern. The county added an average of 9,900 new residents each year during the 1990s and is projected to add 12,300 annually in this decade, but will add only 11,500 per year during the following decade. Figure 1 COLLIER COUNTY POPULATION, 1970 -2020 600.000 400.000 300.000 200.000 100,000 0 1970 1980 1990 2000 2010 2020 Collier County /Correctional Impact Fee Study April 19, 2005 —page 2 The rapidly growing population in Collier County is one of the primary factors contributing to jail overcrowding. The Collier 3,500 County Sheriff's Office once estimated that for every 1,000 person increase in the county 3 ODO population, 2.46 to 2.65 persons will be arrested and incarcerated. This is consistent with 2,500 national trends. According to the U.S. Department of Justice, there were 2.38 jail 2,000 inmates per 1,000 U.S. residents in 2003.3 1,500 There are a number of factors contributing to 1,000 the incarceration rate, which varies from year to year (see Table 3). Over the last ten years, the 500 County's population increased by 62 percent, d h C 'ail o ulation increased by 0 Agenda Item No. 17B September 27, 2005 Page 14 of 35 Figure 2 INMATE /POPULATION TRENDS -+- Inmates -;— Population (100s) —�- I n mates' 100,000 an t o ounty s p p 118 percent. While there are other factors 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 affecting the incarceration rate, it is clear that rapid growth in Collier County is a major cause of jail population increase. Table 3 JAIL POPULATION TRENDS, 1994 -2004 1994 455 188,462 2.41 1995 522 197,055 2.65 1996 523 206,021 2.54 1997 623 215,278 2.89 1998 682 226,771 3.01 1999 631 239,421 2.64 2000 658 251,377 2.62 2001 708 264,475 2.68 2002 839 277,457 3.02 2003 986 292,466 3.37 2004 991 305,275 3.25 Source: Collier County jail population is average daily population for the fiscal year ending September 30 of year shown from Collier County Sheriff's Office, March 9, 2005 memorandum; population estimates as of April 1 from Florida Legislature Office of Economic 8 Demographic Research website on February 28, 2005 (www. state .fl.us /edr /population.htm). 3 US Dept. of Justice, http:// www.ojp.usdoj.gov /bjs /jails.htrn on February 1, 2005 Collier County /Correctional Impact Fee Study April 19, 2005 —page 3 Agenda Item No. 17B September 27, 2005 Page 15 of 35 DEFINITION OF FACILITIES The correctional impact fee is designed to cover capital costs directly associated with the County's jail facilities. This includes administrative functions of the Sheriff's Office directly related to jail operations and physically located in the jail, but does not include a pro rata share of the cost of indirect support and administrative facilities of the Sheriff's Office. SERVICE AREA The provision of correctional facilities by Collier County is a county -wide function. These facilities take inmates from all areas of the county, including within the municipalities. All three municipalities participate in collecting the impact fee and remitting fee revenues to the county. Given that correctional facilities are centralized and do not serve geographic subareas, the practice of dividing a jurisdiction into "benefit districts" in order to demonstrate benefit to the new development paying the fees by virtue of proximity of the capital improvements funded by the fees is not appropriate. New development can reasonably be expected to benefit from new or expanded correctional facilities regardless of where those facilities are constructed. LEVEL OF SERVICE The updated correctional impact fees will be based on the existing level of service, which is defined, essentially, as the ratio of the replacement value of existing correctional facilities to existing development. In general, basing impact fees on the existing level of service is reasonable unless there is a significant amount of excess capacity in the existing facilities. In that case, the level of service should be defined as the ratio of existing facility value to future development at the time the facilities are designed to serve. However, there is no excess capacity in existing correctional facilities - -quite the contrary. Collier County's existing correctional facilities were designed to hold only about 780 inmates, as shown in Table 4. Given that the average jail population in 2004 was 991 inmates, there is clearly no excess capacity in existing facilities, and new development should be required to at least maintain the current ratio of facilities to development. Table 4 EXISTING AND PLANNED INMATE rAPAr1TV Existing Expansion Future Naples Jail Center 588 558 1,146 Immokalee Jail Center 192 0 192 Total 780 558 1,338 3ource: Uoiiier County Sheriff's Office, "Jail Capacities," September 14, 2004 (Naples expansion includes 256 beds in first phase, remainder of beds to be on third floor which will not be finished out until later), Collier County /Correctional Impact Fee Study April 19, 2005 —page 4 Agenda Item No. 17B September 27, 2005 Page 16 of 35 METHODOLOGY The formula used in the original 1999 study to calculate the County's correctional impact fees is summarized and contrasted with the formula used in this update in Figure 3. The major differences are described in this section. This update uses building square feet (excluding parking structures), rather than beds, as the measure of existing and planned facility capacity. Building square footage is a more objective measure, and relates more directly to facility cost than does the number of beds. For example, the County's existing jail facilities provide about 165 square feet of building per bed, whereas the planned Naples Jail Center expansion will provide about 250 square feet of building (excluding the parking structure) per additional bed. Using building square footage ensures that new development does not pay for an increase in the level of service in terms of square feet per bed. The previous formula converted capital costs into annual costs, assuming that new facilities will have a useful life of forty years, then later multiplied the annual cost per dwelling unit or per 1,000 square feet by the economic life of the development (27.5 years for residential, 39 years for nonresidential). The net result of this approach is to charge less than the full cost, especially for residential uses. In reality, it makes no difference to the County what the economic life of the development is, since the County has no opportunity to charge an additional impact fee at the time of replacement of the structure. Consequently, in this update, capital costs are not annualized. Finally, the 1999 study relied on the number of booking by land use from a single year (1996). This study uses the average percent of total bookings attributable to a land use category over a four -year period (2001- 2004). Using a four -year average provides a greater likelihood that the percentages will be stable over time. For example, the percent of bookings for schools and colleges varied from 6.48 to 9.53, a difference of 47 percent. The average over several years is unlikely to vary by this amount. Figure 3 rnRRFrTInIUAI IMPACT FEE FORMULA Planned Capacity Improvement Cost Number of Jail Beds Added Cost per Bed Useful Life (40 years) Annual Cost per Bed Annual Bookings per Bed Cost per Booking Annual Bookings per Land Use Existing Development per Land Use Annual Bookings per Unit or Sq. Ft. x Cost per Booking = Annual Cost per Unit or Sq. Ft. x Economic Life of Development (27.5 or 39 years) = Total Cost per Unit or Planned Capacity Improvement Cost - Building Sq. Feet Added Cost per Building Sq. Foot x Existing Building Square Feet = Replacement Cost of Existing Buildings + Value of Existing Land = Total Cost of Existing Facilities x Average Percent of Bookings by Land Use = Cost of Existing Facilities by Land Use Existing Building Sq. Ft. by Land Use Cost per Building Sq. Foot by Land Use Collier County /Correctional Impact Fee Study April 19, 2005 —page 5 Agenda Item No. 17B September 27, 2005 Page 17 of 35 Another proposed change is to assess residential impact fees based on the size and type of the dwelling unit, rather than as a flat rate per dwelling unit. The demand for correctional facilities arising from new residential development can be attributed to the dwelling unit itself, whether occupied or not (e.g., burglaries, arson, vandalism) as well as to its occupants (e.g., domestic violence, drug offenses). The number of occupants varies by housing type, and also tends to increase with unit size. The incidence of burglaries and break -ins is also likely to increase as housing size increases. For these reasons, it is reasonable to assess correctional impact fees for residential development on the basis of building square footage, which is the same basis for assessing fees for nonresidential development. However, because correctional facilities impacts are at least partially related to the number of occupants, and because the number of occupants does not keep increasing as dwelling size increases, it is also reasonable to cap the fees at a certain unit size. The County's recent library impact fee study capped those fees at 4,000 square feet, based on national evidence from the American Housing Survey that the increase in average household size tends to taper off at about this threshold. Our analysis of Collier County housing data confirms this tendency (see Appendix A), and leads us to recommend that the residential impact fees for correctional facilities also be capped at 4,000 square feet. BOOKINGS BY LAND USE As described above, the level of service will be defined as the ratio of existing facility value to existing development. To accomplish this, the cost of existing facilities must be allocated to various land use categories. The demand for correctional facilities by land use can be quantified in terms of arrests and subsequent incarcerations (bookings) resulting from activity at the site of various land uses. Last year, 17,967 arrests were processed by the Sheriff's Office at the Naples Jail Center. As can be seen from Table 5, the vast majority of these bookings (86.6 %) were due to arrests made by the Collier County Sheriff's Office. The other bookings resulted from arrests made by other law enforcement agencies operating in Collier County, including the municipal police departments and the Florida Highway Patrol. Since no information relating to the land use where the arrest occurred is available from other agencies, the assumption will be made that the relationships between bookings and land uses derived from Collier County Sheriff's Office data is reasonably representative of other agencies as well. Table 5 ARRESTS IN COLLIER COUNTY BY AGENCY, 2003 Collier County Sheriff 15,554 86.57% Florida Highway Patrol 256 1.42% Marco Island Public Safety 357 1.99% Naples Police 1,577 8.78% Probation 98 0.55% Other Agencies 125 0.70% Grand Total 17,967 100.00% Source: Collier County Sheriff's Office, compiled from bookings dated 1/1/2003 through 12/31/2003. Collier County /Correctional Impact Fee Study April 19, 2005 —page 6 Agenda Item No. 17B September 27, 2005 Page 18 of 35 Bookings resulting from arrests by the Collier County Sheriff's Office were reviewed to determine the type of land use where the incident resulting in the arrest occurred. These booking records contain an incident number that can be linked to the Sheriff's incident database. The incident database contains a variety of information regarding the incident that resulted in the arrest and booking, including the type of land use at which the incident occurred. As summarized in Table 6, an analysis of bookings from 2003 reveals that 29 percent could be directly attributable to a specific land use type, and another 32 percent were traffic- related and could be indirectly allocated among land uses. The final 38 percent could not be directly or indirectly attributed to a land use, either because they could not be linked to an incident report (warrant arrests or Marchman Act' bookings) or because the incident report lacked valid data to determine the type of land use. Table 6 SHERIFF'S OFFICE BOOKINGS, 2003 Directly Attributable 4,514 29.02% Traffic - Related 4,999 32.14% Non - Attributable 6,041 38.84% Total 15,554 100.00% Source: Collier County Sheriff's Office, compiled from bookings dated 1 /1 /2003through 12/31/2003. Bookings into the Collier County correctional system that are directly attributed to a land use and occurred over the last four years are summarized in Table 7. Of key interest here is the percent of bookings attributable to each land use category. Because there is some variation from year to year, it was determined that more than one year of data would provide a more stable and reliable measure. ' A " Marchman Act" is for the involuntary evaluation and treatment of a person, if there is a good faith reason to believe the person is substance abuse impaired Collier County /Correctional Impact Fee Study April 19, 2005 —page 7 Agenda Item No. 17B September 27, 2005 Page 19 of 35 Table 7 BOOKINGS DIRECTLY ATTRIBUTAR11 F Tn A I ARM I Ico 'Mn, .�c�, ''. - 4J, Luu,+ Source: Bookings by Collier County Sheriff's Office, January 1, 2001 through September 29, 2004. In addition to bookings that can be directly attributed to a type of land use, a roughly equal number of bookings are traffic- related, and these can be indirectly attributed to land uses. These bookings can be attributed to land uses based on the amount of traffic that is associated with each land use. In Table 8, the vehicle -miles of travel associated with different land use categories have been estimated based on the amount of existing development and travel demand characteristics derived from the County's most recent transportation impact fee study. Collier County /Correctional Impact Fee Study April 19, 2005 -page 8 - - -- r _va p GVV I-GVVY Land Use 2001 2002 11 11 Total Single - Family 1,547 1,508 1,498 1,096 5,649 Other Residential /Nursing Home 873 830 864 673 3,240 Hotel /Motel 121 107 90 76 394 Hospital 63 59 60 30 212 Office /Bank 144 171 160 141 616 Retail /Commercial /Recreational 1,476 1,502 1,328 920 5,226 Industrial /Manufacturing 45 37 28 26 136 Church 21 20 14 10 65 Schools /College 392 455 380 210 1,437 Government /Public Buildings 107 86 92 60 345 Total, Directly Attributable 4,789 4,775 4,514 3,242 17,320 Single - Family 32.30% 31.58% 33.19% 33.81% 32.62% Other Residential 18.23% 17.38% 19.14% 20.76% 18.71% Hotel /Motel 2.53% 2.24% 1.99% 2.34% 2.27% Hospital /Nursing Home 1.32% 1.24% 1.33% 0.92% 1.22% Office /Bank 3.01% 3.58% 3.54% 4.35% 3.56% Retail /Commercial /Recreational 30.82% 31.46% 29.42% 28.38% 30.17% Industrial /Manufacturing 0.94% 0.77% 0.62% 0.80% 0.78% Church 0.44% 0.42% 0.31% 0.31% 0.38% Schools /College 8.18% 9.53% 8.42% 6.48% 8.30% Government /Public Buildings 2.23% 1.80% 2.04% 1.85% 1.99% Total, Directly Attributable 100.00% 100.00% 100.00% 100.00% 100.00% .�c�, ''. - 4J, Luu,+ Source: Bookings by Collier County Sheriff's Office, January 1, 2001 through September 29, 2004. In addition to bookings that can be directly attributed to a type of land use, a roughly equal number of bookings are traffic- related, and these can be indirectly attributed to land uses. These bookings can be attributed to land uses based on the amount of traffic that is associated with each land use. In Table 8, the vehicle -miles of travel associated with different land use categories have been estimated based on the amount of existing development and travel demand characteristics derived from the County's most recent transportation impact fee study. Collier County /Correctional Impact Fee Study April 19, 2005 -page 8 Agenda Item No. 17B September 27, 2005 Page 20 of 35 Table 8 DAILY VEHICLE -MILES OF TRAVEL BY LAND USE TYPE Single - Family 210 Dwelling 70,012 3.79 1.00 5.98 1,586,766 30.00% Multi - Family 220 Dwelling 91,412 3.32 1.00 5.18 1,572,067 29.72% Mobile Home 240 Dwelling 12,413 2.41 1.00 4.28 128,038 2.42% Hotel /Motel 310/320/330 Room 2,013 3.30 0.75 5.33 26,555 0.50% Hospital 610 1,000 sq. ft. 1,529 8.39 0.77 4.28 42,277 0.80% Office 710 1,000 sq. ft. 3,102 6.64 0.93 5.18 99,225 1.88% Retail 820 1,000 sq. ft. 27,341 20.78 0.66 3.38 1,267,420 23.96% Industrial/Warehouse 110 1,000 sq. ft. 10,749 3.49 0.93 6.48 226,074 4.27% Church 560 1,000 sq. ft. 1,867 4.56 0.90 5.08 38,924 0.74% Schools /College 520/530/540 1,000 sq. ft. 4,740 9.15 0.88 4.98 190,069 3.59% Government /Public 710 1,000 sq. ft. 3,482 6.64 0.93 5.18 111,381 2.11% 5,288,796 99.99% Total Source: Existing dwelling units from Table 2; existing nonresidential square footage from 2004 tax rolls from Collier County Property Appraiser(hotel rooms estimated based on assumed 500 squarefeet per room); trip rates (one -half average daily trips), percent new trips and average trip lengths from Tindale- Oliver and Associates, Collier County 2002 Transportation Impact Fee Update Study, September 20, 2002; vehicle -miles is product of existing units, trip rate, percent new trips and trip length. The percentage distribution of bookings by land use, weighted to reflect both bookings that are directly attributable to the land use and bookings that are indirectly attributable from traffic- related incidents, is shown in Table 9. Table 9 WEIGHTED BOOKING DISTRIBUTION BY LAND USE Single - Family 32.62% 30.00% 31.24% Other Residential 18.71% 32.14% 25.77% Hotel /Motel 2.27% 0.50% 1.34% Hospital 1.22% 0.80% 1.00% Office 3.56% 1.88% 2.68% Retail /Commercial /Recreational 30.17% 23.96% 26.91% Industrial /Manufacturing 0.78% 4.27% 2.62% Church 0.38% 0.74% 0.57% Schools /College 8.30% 3.59% 5.82% Government /Public Buildings 1.99% 2.11% 2.05% Total 100.00% 99.99% 100.00% Source: Percent of bookings directly attributable to a land use from Table 7; percent of bookings that are traffic related from Table 8; weighted average is the sum of the specific percent directly attributable times general percent directly attributable from Table 6 plus the specific percent traffic - related times general percent traffic - related from Table 6, divided by the sum of general percentages directly attributable and traffic - related from Table 6. Collier County /Correctional Impact Fee Study April 19, 2005 -page 9 Agenda Item No. 17B September 27, 2005 Page 21 of 35 CAPITAL COSTS The capital cost of providing correctional facilities includes the cost of land, buildings, vehicles and equipment. Another cost component, which was not addressed in the 1999 study, is the interest costs associated with bond financing. The cost to expand jail capacity in Collier County can be determined with some precision, because the County is in the process of expanding the Naples Jail Center. The three -story expansion will add about 140,000 square feet to the current 90,500 square foot Naples Jail Center. The expansion will more than double the current county -wide amount of building space devoted to corrections. Table 10 EXISTING AND FUTURE BUILDING SQUARE FEET *excludes 189,000 sq. ft. parking structure Source: Collier County Sheriff's Office, "Miscellaneous Structures Jail Impact Fee Study," September 9, 2004. The Naples Jail Center expansion project includes some elements that are not attributable to growth, such as renovations of the existing jail, stucco replacement and updating the fire alarm. In addition, only a share of other cost components, such as the parking garage and design, review and contingency fees, can be attributed to growth. For example, the parking garage will contain 432 parking spaces that will primarily serve the jail. However, it replaces 196 spaces (150 for the jail and 46 for the health building) that were on the land being occupied by the jail expansion and parking garage. Consequently, the additional jail parking provided by the parking garage to serve the expansion is only 236 spaces, or 54.6 percent of the total parking garage spaces, and only this share of the cost of the parking garage can be attributed to growth. Of the total project cost of $46.5 million, $36.1 million is attributable to growth - related improvements, as detailed in Table 11. Impact fee funds were used to defray about $8 million of the growth- related project costs, with bonds being used to fund the balance. As a result, about three - quarters of the debt service for the project is attributable to growth- related improvements, as shown in Table 11. Collier County /Correctional Impact Fee Study April 19, 2005 —page 10 Agenda Item No. 17B September 27, 2005 Page 22 of 35 Table 11 NAPLES JAIL CENTER CONSTRUCTION COSTS 3 -story expansion $20,551,014 $20,551,014 $0 Renovations of existing jail $3,057,467 $0 $3,057,467 Parking garage $8,847,131 $4,833,155 $4,013,976 Upgrade to chiller plant $1,946,564 $1,946,564 $0 Buildout of 3rd floor shell $3,500,000 $3,500,000 $0 Jail stucco replacement $2,000,000 $0 $2,000,000 Office furniture $250,000 $250,000 $0 Radio repeater $50,000 $50,000 $0 rcltteetst€edfer3rdflout i0ra� 1rrsrtrr Architect's fees for moving ice storage $21,000 $21;000 $0 Telephone system $250,000 $250,000 $0 Impact and tap fees $800,000 $800,000 $0 Update fire alarm for existing jail $250,000 $0 $250,000 Design /review fees and contingency $4,761,200 $3,697,238 $1,063,962 Total $46,474,376 $36,088,971 $10,385,405 Less Impact Fee Cash $7,974,376 $7,974,376 $0 Debt Principal Allocation $38,500,000 $28,114,595 $10,385,405 Percent of Debt 100.00% 73.02% 26.98% Source: Collier County Sheriff's Office, "Naples Jail GPM Project Cost Review," May 15, 2003; growth share of parking garage is based on ratio of growth - related to total parking garage spaces (see preceding text); growth share of design /review fees and contingency is based on growth share of costs without those fees. The bonds that were issued to finance the balance of the jail expansion not funded with impact fees will be repaid over the next 30 years. The 2002 Capital Improvement and Refunding Revenue Bond also was used to refund the 1992 Capital Improvement Revenue Refunding Bonds and to fund a building expansion for the Community Development Department. Only the jail- related share of the debt service is shown in Table 12. The growth- related share of the jail portion of the debt service costs, including interest payments, can be repaid with correctional impact fees. The payments on this growth- related debt will total about $51 million over the next 30 years. Interest cost on debt consists of three components: an anticipated inflation rate, a return on investment and a risk premium. No borrower is going to loan money at less than the rate of inflation, since the dollars paid back will have less buying power than the dollars loaned. The residual interest rate after subtracting the inflation rate is referred to as the real interest rate, which consists of the rate of return plus risk premium. Over the past two years, the rate of interest on long -term debt has averaged about 4.7 percent, and the rate of inflation has been about 2.5 percent, indicating that the real interest rate on the this kind of debt is about 2.2 percent. The net present value of the impact fee - eligible debt service payments, discounted at the inflation rate, is about $36 million. The real cost of interest is the difference between the net present value of the debt service payments, discounted at the inflation rate, and the principal. As shown in Table 12, the real cost of interest on the impact fee portion of the debt is about $8 million. Collier County /Correctional Impact Fee Study April 19, 2005 —page 11 Agenda Item No. 17B September 27, 2005 Page 23 of 35 Table 12 DEBT SERVICE FOR JAIL EXPANSION 2004 $752,769 $2,378,209 $3,130,978 $549,672 $1,736,568 $2,286,240 2005 $770,174 $1,567,734 $2,337,908 $562,381 $1,144,759 $1,707,140 2006 $783,228 $1,552,200 $2,335,428 $571,913 $1,133,416 $1,705,329 2007 $800,633 $1,536,361 $2,336,994 $584,622 $1,121,851 $1,706,473 2008 $818,038 $1,519,152 $2,337,190 $597,331 $1,109,285 $1,706,616 2009 $835,443 $1,499,506 $2,334,949 $610,041 $1,094,939 $1,704,980 2010 $857,199 $1,475,134 $2,332,333 $625,927 $1,077,142 $1,703,069 2011 $883,307 $1,446,850 $2,330,157 $644,991 $1,056,490 $1,701,481 2012 $913,766 $1,416,506 $2,330,271 $667,232 $1,034,332 $1,701,564 2013 $944,225 $1,381,630 $2,325,855 $689,473 $1,008,866 $1,698,339 2014 $983,386 $1,344,307 $2,327,693 $718,069 $981,613 $1,699,682 2015 $1,018,196 $1,305,505 $2,323,701 $743,487 $953,280 $1,696,767 2016 $1,057,358 $1,263,994 $2,321,351 $772,083 $922,968 $1,695,051 2017 $1,100,870 $1,220,829 $2,321,699 $803,855 $891,449 $1,695,304 2018 $1,144,383 $1,175,209 $2,319,592 $835,628 $858,138 $1,693,766 2019 $1,192,247 $1,126,271 $2,318,518 $870,579 $822,403 $1,692,982 2020 $1,244,462 $1,074,491 $2,318,953 $908,706 $784,593 $1,693,299 2021 $1,296,677 $1,018,871 $2,315,548 $946,834 $743,979 $1,690,813 2022 $1,353,244 $959,247 $2,312,491 $988,139 $700,442 $1,688,581 2023 $1,414,161 $896,981 $2,311,142 $1,032,621 $654,975 $1,687,596 2024 $1,479,430 $830,950 $2,310,381 $1,080,280 $606,760 $1,687,040 2025 $1,549,051 $760,917 $2,309,967 $1,131,117 $555,621 $1,686,738 2026 $1,618,671 $687,663 $2,306,334 $1,181,953 $502,132 $1,684,085 2027 $1,692,642 $610,031 $2,302,674 $1,235,967 $445,445 $1,681,412 2028 $1,775,316 $527,667 $2,302,984 $1,296,336 $385,303 $1,681,639 2029 $1,857,991 $441,376 $2,299,367 $1,356,705 $322,293 $1,678,998 2030 $1,949,367 $350,951 $2,300,318 $1,423,428 $256,265 $1,679,693 2031 $2,040,744 $256,186 $2,296,930 $1,490,151 $187,067 $1,677,218 2032 $2,136,472 $156,977 $2,293,449 $1,560,052 $114,625 $1,674,677 2033 $2,236,551 $53,118 $2,289,669 $1,633,129 $38,787 $1,671,916 Total $38,500,000 $31,834,824 $70,334,824 $28,112,702 $23,245,786 $51,358,488 Net Present Value of Impact Fee - Eligible Payments, Discounted at Inflation Rate $36,038,072 Impact Fee - Eligible Principal $28,112,702 Real Interest Cost of Impact Fee - Eligible Debt (Net Present Value Less Principal) $7,925,370 Source: Total debt service payments from Collier County Sheriff's Office, "Naples Jail GPM Project Cost Review," May 15, 2003; impact fee eligible payments are total payments times growth- related percent of debt from Table 11; net present value based on 2.5% discount rate, which is the average annual inflation rate over the last two years from the Bureau of Labor Statistics, Consumer Price Index, All Urban Customers, U.S., All Items, 1982 - 1984 =100. Collier County /Correctional Impact Fee Study April 19, 2005 -page 12 Agenda Item No. 176 September 27, 2005 Page 24 of 35 In addition to the cost of the construction itself, another cost of the expansion is the additional equipment that will be needed. This expansion- related equipment includes four additional vehicles, 60 radios and 16 personal computers, among others. The total cost of the expansion - related equipment is $406,000, as shown in Table 13. Table 13 FXPANSION- RELATED EQUIPMENT COSTS Description Cars 4 $21,000 $84,000 Radios 60 $2,900 $174,000 Personal Computers 16 $3,000 $48,000 Phone /Data Switch /Routers 1 $60,000 $60,000 Metal Detectors 1 $30,000 $30,000 Burnisher 1 $1,700 $1,700 Buffer 1 $2,900 $2,900 Restraint Chair 1 $5,400 $5,400 Total $406,000 Source: Collier County Sheriff's Office, "FY 2005 Jail Expenses to be Uoverea oy Impact Fee Funds," September 16, 2004. Land is the final cost component. The Naples Jail Center and the Immokalee Jail Center are both located within complexes of County= buildings. The two complexes each cover about 40 acres. The share of the land value attributable to corrections can be estimated by using the share of total building area in each complex devoted to corrections. Using this approach and the assessed values of the land by the Collier County Property Appraiser results in an estimated land value of about $3.0 million associated with correctional facilities. Given that there is some room for expansion on this land, as evidenced by the planned Naples Jail expansion, the land value is divided by existing and planned building square footage to determine a cost per square foot, as summarized in Table 14. Table 14 .JAIL LAND VALUE * excluding square footage of planned parking structure Source: Jail and total building square feet and assessed land value from Collier County Property Appraiser, 2004 Preliminary Tax Rolls; existing and planned jail building square footage from Table 10. Collier County /Correctional Impact Fee Study April 19, 2005 —page 13 Agenda Item No. 17B September 27, 2005 Page 25 of 35 Because additional land was not required to be purchased for the current jail expansion, land costs will not be included in the impact fee calculations. In sum, the capital costs to expand correctional facilities include construction costs, interest on debt and expansion- related equipment. Dividing the total of all of these costs by the number of square feet added by the expansion results in the expansion cost per square foot. This is the appropriate value to determine the replacement cost of existing facilities. In addition, the value of existing land attributable to correctional facilities should be included. If the County were to double the square footage of correctional facilities, it would cost approximately $40.9 million, as summarized in Table 15. Table 15 CORRECTIONAL FACILITIES REPLACFMFIUT rncT Source: Growth- related construction costs from Table 11; interest costs from Table 12; equipment costs from Table 13; jail expansion sq. ft. from Table 10. The cost to maintain the existing level of service of correctional facilities for the various land use categories is determined by allocating the replacement cost of existing facilities by land use according to the weighted distribution of bookings, then dividing by the building square footage of each land use. These calculations are summarized in Table 16. Table 16 CORRECTIONAL FACILITIES COST BY LAND USE Single - Family Detached 32.62% $13,327,523 129,935,553 $0.1026 Other Residential /Nursing Home 18.71% $7,644,327 136,107,435 $0.0562 Hotel /Motel 2.27% $927,452 3,020,208 $0.3071 Hospital 1.22% $498,454 1,528,923 $0.3260 Office 3.56% $1,454,506 6,822,450 $0.2132 Retail /Commercial /Recreation 30.17% $12,326,529 22,717,298 $0.5426 Industrial /Manufacturing 0.78% $318,684 10,748,562 $0.0296 Church 0.38% $155,256 1,867,122 $0.0832 Schools /College 8.30% $3,391,123 4,739,614 $0.7155 Government /Public 1.99% $813,052 3,481,985 $0.2335 Total 100.00% $40,856,908 Source: Distribution of bookings by land use from land Table 9; total cost of existing jail facilities from Table 15 (total cost allocated by use based on percent of bookings); existing dwelling units from Table 2; existing nonresidential building square feet from 2004 tax roll from Collier County Property Appraiser (hotel /motel and office square footage tripled to account for multi -story buildings). Collier County /Correctional Impact Fee Study — April 19, 2005 —page 14 Agenda Item No. 17B September 27, 2005 Page 26 of 35 REVENUE CREDITS New development should not be required to pay for correctional capital costs twice, once through impact fees and again through taxes used to retire outstanding debt for existing correctional facilities. However, any such debt would be difficult to quantify and is likely to be insignificant. The only past debt for correctional facilities was issued over 20 years ago, and this bond has since been refunded several times. Impact fees should also be reduced to account for anticipated grant funding, if applicable. However, the County has not received any outside grant funding for correctional facilities in recent memory, nor does such funding appear likely in the future. Consequently, no revenue credits are warranted against the correctional impact fees. POTENTIAL FEES The maximum potential correctional impact fees, based on the methodology, data and assumptions detailed in this report, are the same as the costs per development unit presented in Table 16 above. These updated fees are compared with current fees in Table 17 below. Note that while residential fees increase substantially, some nonresidential fees decline substantially. Overall, if last year's growth had occurred under the new fee schedule, impact fee revenues would have been about the same. Table 17 COMPARATIVE FEES Single - Family Detached Dwelling 3,032 $117.98 n/a n/a Other Residential Dwelling 3,323 $117.98 n/a n/a Single - Family Detached Square Foot 9,599,067 n/a $0.1026 176% Other Residential /Nursing Home Square Foot 7,028,432 n/a $0.0562 3% Hotel /Motel Square Foot 41,951 $0.2340 $0.3071 31% Hospital Square Foot 1,991 $0.4914 $0.3260 -34% Office Square Foot 227,363 $1.3260 $0.2132 -84% Retail /Commercial /Recreation Square Foot 427,225 $1.0920 $0.5426 -50% Restaurant /Bar /Lounge Square Foot 83,469 $1.7043 $0.5426 -68% Leisure /Outdoor Square Foot n/a $0.5616 $0.5426 -3% Industrial /Manufacturing Square Foot 294,579 $0.0312 $0.0296 -5% Church Square Foot 35,058 $0.1170 $0.0832 -29% School /College Square Foot n/a $0.1599 $0.7155 347% Government /Public Square Foot 134,013 $0.6708 $0.2335 -65% Revenue from 2004 Development ($ millions) $1.77 $1.76 _1% Source: FY 2004 development by land use from Collier County building permit records for permits issued 10/1/03 to 9/30/04; current fees from Chapter 74 of the Collier County Code; potential fees from Table 16; percent change for residential assumes average unit size from building permit records of 3,170 sq. ft. for single - family detached and 2,170 sq. ft. for multi - family; revenue estimates derived by multiplying FY 2004 development by current and potential fees. Collier County /Correctional Impact Fee Study April 19, 2005 —page 15 Agenda Item No. 17B September 27, 2005 Page 27 of 35 Another way to estimate future revenue is to apply the percentage change calculated above to the average annual revenue over the last few years. Annual correctional impact fee revenues over the last three years have been about $2.09 million, as can be seen from Table 18. Using this approach, the revised fees could be expected to generate about $2.08 million annually. Table 18 CORRECTIONAL IMPACT FFF RFVFIUI HF Source: historical revenue from Collier County Impact Fee Coordinator, November 1, 2004; potential annual revenue is average annual revenue adjusted by percent increase from Table 17. INFLATION INDEX Several of the County's impact fees are now adjusted annually to account for inflation. Water, wastewater, school, fire, EMS and correctional impact fees are not currently indexed. Road impact fees are indexed based on inflation projections and Florida Department of Transportation (FDOT) cost trends for non -land components and changes in just value and FDOT cost trends for right -of -way costs. Park impact fee fees are indexed to the change in the Miami Consumer Price Index (CPI). Library fees are indexed for buildings to Engineering 1\7ews- Record Building Cost Index (BCI) and for circulation materials to Miami CPI. General government fees are indexed for land based on just property values and for buildings on the Engineering 1Vews- Record BCI. Since land accounts for only about three percent of the value of existing correctional facilities (see Table 15), correctional impact fees should be indexed to a measure of building costs. The Engineering News- Record Building Cost Index is a long- established, well- respected index that is readily available on the internet <http: / /enr.construction.com /features /coneco /subs /default.asp> and is used in annual inflation adjustments to the County's library and general government fees. Consequently, it is recommended that it be used as the basis for annual adjustments of the correctional impact fees. Collier County /Correctional Impact Fee Study April 19, 2005 —page 16 Fiscal Year 001/2002 Revenue $1,964,350 2002/2003 $1,965,455 2003/2004 $2,147,039 Average, Last 3 Years $2,090,000 Potential $2,080,000 Source: historical revenue from Collier County Impact Fee Coordinator, November 1, 2004; potential annual revenue is average annual revenue adjusted by percent increase from Table 17. INFLATION INDEX Several of the County's impact fees are now adjusted annually to account for inflation. Water, wastewater, school, fire, EMS and correctional impact fees are not currently indexed. Road impact fees are indexed based on inflation projections and Florida Department of Transportation (FDOT) cost trends for non -land components and changes in just value and FDOT cost trends for right -of -way costs. Park impact fee fees are indexed to the change in the Miami Consumer Price Index (CPI). Library fees are indexed for buildings to Engineering 1\7ews- Record Building Cost Index (BCI) and for circulation materials to Miami CPI. General government fees are indexed for land based on just property values and for buildings on the Engineering 1Vews- Record BCI. Since land accounts for only about three percent of the value of existing correctional facilities (see Table 15), correctional impact fees should be indexed to a measure of building costs. The Engineering News- Record Building Cost Index is a long- established, well- respected index that is readily available on the internet <http: / /enr.construction.com /features /coneco /subs /default.asp> and is used in annual inflation adjustments to the County's library and general government fees. Consequently, it is recommended that it be used as the basis for annual adjustments of the correctional impact fees. Collier County /Correctional Impact Fee Study April 19, 2005 —page 16 Agenda Item No. 17B September 27, 2005 Page 28 of 35 APPENDIX A: HOUSEHOLD SIZE ANALYSIS As noted in the methodology section, the demand for correctional facilities that is generated by residential development is partially related to the number of people residing in the new units. The number of residents, in turn, is dependent on the housing type and the size of the dwelling unit. In this appendix, these relationships are quantified for Collier County. The most recent and reliable data on average household size by housing type in Collier County is the 2000 U.S. Census. `Y'hile the Census Bureau does not collect data on the square footage of dwelling units, it does collect data on the number of bedrooms in the unit, a characteristic that is related to dwelling unit size. However, if the calculated fees are based on dwelling unit size, it is recommended that the fees be based on square footage rather than number of bedrooms. This cost per square foot approach will not only avoid any type of confusion that might arise when Ming to establish how many bedrooms or rooms a new unit might have, it also avoids sharp j try umps in the fee that will occur at thresholds between the different size categories. The most recent and reliable data on average household size by number of bedrooms is the five percent sample data from 2000 U.S. Census. Five- percent sample data is available for Collier County. The average household size for single - family detached units by number of bedrooms in the unit is shown in Table 1. Table 19 AVERAGE HOUSEHOLD SIZE BY BEDROOMS up to 2 1,294 523 2.47 3 3,720 1,417 2.63 4 1,113 344 3.24 5 or more 216 55 3.93 All Sizes 6,343 2,339 2.71 Source: U.S. Census Bureau, 2000 Public Use Microdata Sample (PUMS), 5 percent sample data for single - family detached units in Collier County. Collier County /Correctional Impact Fee Study April 19, 2005 —page 17 Agenda Item No. 17B September 27, 2005 Page 29 of 35 To analyze the relationship between the unit square footage and household population in greater detail, the consultant compiled data for all 1,681 homes listed for sale in Collier County from the National Association of Realtors website on May 9, 2002, including square footage and the number of bedrooms for each home. To this data base a variable for average household size was added, consisting of the average household size multipliers by number of bedrooms derived from 2000 U.S. Census sample data shown above. Regression analysis was then performed to determine the relationship between unit size in square feet and persons residing in the unit. Both linear and logarithmic regressions were performed. The relationship between dwelling size and household residents was best explained by the logarithmic equation,5 which is graphically illustrated in Figure 6. This analysis confirms that the number of household residents increases as unit size increases, but that this relationship weakens as unit size increases. Figure 6 RESIDENTS BY UNIT SIZE 3.5 3.0 2.5 S 2.0 s 1.5 d a. = 1.0 0.5 0.0 1,000 2,000 3,000 4,000 Dwelling Size (sq. ft.) 5 The logarithmic equation for single - family detached units is ln(y) = 0.1956 * ln(x) - 0.473, where y is the number of household residents and x is the building floor area in square feet (r- square = 0.447). Collier County /Correctional Impact Fee Study April 19, 2005 —page 18 Agenda Item No. 17B September 27, 2005 Page 30 of 35 APPENDIX B: PROPERTY USE CODES Table 20 PROPERTY USE CODES BY LAND USE CATEGORY Collier County /Correctional Impact Fee Study April 19, 2005 —page 19 Property Land Use Category Sheriff's Booking Code Use Codes Property Use Description Single-Family Det. Residence -Sin le 0100 Single Famil Other Residential/ Apartment/Condo 0200 Mobile Homes Nursing Home Residence -Other 0300 Multi - Family - 10 units or more 0400 Condominia 0500 Cooperatives 0600 Retirement Home 0700 Miscellaneous Residential 0800 Multi - Family - less than 10 units 7400 Homes for the Aged 7500 Orphanages, Charitable Services 7800 Rest Home Hotel /Motel Hotel /Motel 3900 Hotels Motels Commercial /Retail/ Airport 1100 Store (1 story) Recreational Bar /Nightclub 1200 Mixed Use Bus /Rail Terminal 1400 Supermarket Convenience Store 1500 Reg. Shopping Ctr. Dept /Discount Store 1600 Com. Shopping Ctr. Gas Station 2000 Airport/Bus Term. /Marina Liquor Sales Specialty Store 2100 Restaurant /Cafeteria Supermarket 2200 Drive -in Restaurant 2300 Financial 2500 Repair Service Shop 2600 Service Station 2700 Auto /Marine /M.H. Sales 2800 Parking Lot /M.H Park 2900 Wholesale Outlet 3000 Florist /Greenhouse 3100 Outdoor Theater /Stadium 3200 Enclosed Theater /Auditorium 3300 Nightclub /Bar 3400 Bowling /Pool /Skating 3500 Tourist Attraction 3600 Camps 3700 Race Track 3800 Golf Course 7600 Mortuaries /Cemeteries 7700 Club /Lodge /Union Hall 7900 Cultural Organization /Facility 8200 Forest /Parks /Recreational Area 9000 Lease Interest 9500 Rivers and Lakes 9700 Outdoor Recreation /Park Land Office Bank/Financial Institute 1700 Office Buildings Commercial /Office Bldg. 1800 Office Building (multi -story) 1900 Professional Buildin Collier County /Correctional Impact Fee Study April 19, 2005 —page 19 Agenda Item No. 17B September 27, 2005 Page 31 of 35 Industrial/Warehouse Industrial /Mfg. 4100 Light Manufacturing Storage 4200 Heavy Manufacturing 4300 Lumber Yards 4400 Packing Plants 4600 Food Processing 4700 Mineral Processing 4800 Warehousing 4900 Open Storage Hospital Drug Store /Hospital 7300 Private Hospital Church Religious Building 7100 Church School /College School /University 7200 Private School /College 8300 Public County School 8400 College Government/Public Gov't/Public Building 8600 Counties 8700 State 8800 Federal 8900 Municipal 9100 Utilities Source: Property use codes and descriptions from Florida Department of Revenue. Collier County /Correctional Impact Fee Study April 19, 2005 —page 20 Agenda item No. 17B September 27, 2005 Page 32 of 35 APPENDIX C: PROPOSED ORDINANCE AMENDMENTS In order to implement the findings of this study, the following changes should be made to Chapter 74: Impact Fee Regulations, of the Collier Code of Ordinances. To update the study reference, Sec. 74- 106(7) should be corrected to read: (7) Correctional facilities: "Correctional Impact Fee Study, prepared by Duncan Associates (February 10, 2005), as amended; and The following definitions should be added to Sec. 74 -108 to clarify the meaning of new land use categories recommended to be added to the fee schedule: Other residential dwelling units shall mean any dwelling unit, other than single - family detached residences, including apartments, townhouses and condominiums, but not including hotels, motels or similar short-term lodging facilities. Group quarters shall mean any group quarters facility, including nursing homes, dormitories, fraternities and sororities, but not including hotels, motels or similar short - term lodging facilities or any governmental institutions. Recommended annual cost inflation adjustments between the mandated three -year updates should be implemented by adding a new Sec. 74- 308(g): (g) Annual mid -cycle correctional impact fee rate indexing. Beginning on May 1, 2005 the county shall commence a three -year correctional impact fee update cycle pursuant to subsections 74- 201(b) and 74- 502(a) of the Code. In each of the two mid -cycle years (between the formal three -year updates) beginning on or about May 1, 2006, the county shall implement adjustments to the correctional impact fee rates based upon the building cost index provided by the Engineering News - Record. Mid -cycle indexed rate change adjustments will be adopted by a resolution of the board pursuant to subsection 74- 201(b) of this chapter. Finally, the correctional impact fee schedule should be replaced with the following: Correctional Facilities: Rate Per A. Single - Family Detached $0.1026 Sq. Ft. up to 4,000 sq. ft. B. Other Residential Dwelling Units $0.0562 Sq. Ft. up to 4,000 sq. ft. C. Nursing Home /Group Quarters $0.0562 Sq. Ft. D. Hotel /Motel $0.3071 Sq. Ft. E. Hospital $0.3260 Sq. Ft. F. Office $0.2132 Sq. Ft. G. Retail /Commercial /Recreational $0.5426 Sq. Ft. H. Church $0.0832 Sq. Ft. I. School /College $0.7155 Sq. Ft. J. Government /Public $0.2335 Sq. Ft. K. Industrial/ Manufacturing $0.0296 Sq. Ft. Collier County /Correctional Impact Fee Study April 19, 2005 —page 21 COLLIER COUNTY IMPACT FE�!§Pn age 33�o2 °35 2,800 SQUARE FOOT SINGLE FAMILY HOME (2,500 LIVING AREA) Updated September 12, 2005 SEWER COMMUNITY PARKS $3,125 FIRE $822 � $420 REGIONAL PARKS LAW ENFORCEMENT � $821 $103 LIBRARY $452 TOTAL ROAD �� 8,083 $7,062 ♦ EMS -� TOTAL $130 (Current) SCHOOL $1,778 SEWER $3,125 FIRE $420 LAW ENFORCEMENT $103 TOTAL (with proposed Correctional �� 8,083 Facilities ) TOTAL (Current) $1 7,944 DOLLAR CHANGE — (from updated fee) $139 nda Item No. 17B COLLIER COUNTY IMPACT FEES Page 34 of 35 10,000 SQUARE FOOT RETAIL BUILDING Updated September 12, 2005 ROAD $85,650 EMS $2,100 PROPOSED CORRECTIONAL - $5,426 FACILITIES FIRE $3,000 WATER _ $10,000 (ESTIMATED - 1'/z' METER) SEWER $11,400 (ESTIMATED 1' /z" METER) GENERAL GOVERNMENT $15,014 LAW ENFORCEMENT $2,715 TOTAL $135,305 (w/ proposed Correctional Facilities) TOTAL $140,799 (Current) DOLLAR CHANGE _ ($5,494) (from updated fee) Item No. 176 COLLIER COUNTY IMPACT FEES 10,000 SQUARE FOOT OFFICE Updated September 12, 2005 LAW ENFORCEMENT $1,079 Agenda Item No. 17C September 27, 2005 Page 1 of 43 EXECUTIVE SUMMARY PUDZ- 2003 -AR -3588: Frank Clesen & Sons, Inc., represented by William L. Hoover, of Hoover Planning and Development, Inc., requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) to amend the Clesen PUD, pursuant to the sunsetting provisions of the Land Development Code (LDC), to update the PUD document in compliance with the current LDC requirements, for property located on the north side of Pine Ridge Road, approximately 1,000 feet east of the Whippoorwill Lane and Pine Ridge Road intersection, in Section 7, Township 49 South, Range 26 East, Collier County Florida. This property consists of 4.33± acres. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to amend the Clesen Planned Unit Development as noted above 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: This PUD was sunsetted in February 2003, pursuant to the sunsetting provisions of the LDC because the property owners did not begin development of the property within the 5 years allowed by code. The property owners have now chosen to amend the PUD document to make some minor changes to the original zoning ordinance including: updating the applicant's address; changing one of the consultants; designating the southern 20 feet of the PUD as right -of -way that will be deeded over to the Florida Department of Transportation (FDOT) for the Pine Ridge Road /I -75 improvements; adding architectural standards in the PUD Document in Section 3 AM; and updating the traffic conditions in Section 4.7 of the PUD Document per the request of the Transportation Division. The Master Plan also reflects the following revisions: the designation of southern 20 feet as right -of -way to be deeded to FDOT; vacation of easements by the State of Florida; relocation of the access; and updating the name of the consultant. Because the petition received unanimous approval recommendation from the Collier County Planning Commission and staff has not received any correspondence objection to this petition, the petition has been placed on the Summary Agenda. 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 amendment 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. Clesen PUD, PUDZ- 2003 -AR -3588 EXECUTIVE SUMMARY for September 27, 2005 Page 1 of 4 Agenda Item No. 17C September 27, 2005 Page 2 of 43 The County collects impact fees before 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 before 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 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 purposes 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: The subject property is designated Interchange Activity Center Subdistrict, as identified on the Golden Gate Area Future Land Use Map and the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits the full array of commercial uses, residential and non - residential uses, institutional uses and hotel /motel uses. The Clesen PUD was originally approved in February 1998 for commercial and office land uses and deemed consistent with the GGAMP. The proposed amendments do not affect the project's density or permitted uses. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the GGAMP. Transportation Element: Pine Ridge Road has adequate capacity to serve the proposed development on this property. The Transportation Division has reviewed this project and included conditions to address ingress and egress as well as internal circulation. The Transportation Division has also included provisions for shared access or interconnections with other developments. Transportation staff has determined that this petition is consistent with the GMP Transportation Element Policies 5.1 and 5.2 because there are no roadways that are projected to operate below the adopted level of service standard with the proposed improvements therefore, the project will not have an adverse impact on any roadway. Open Space /Conservation: The PUD document indicates that a combination of landscape, water management areas, and qualifying open space areas equals 30 percent of the gross land area, excluding the 30 -foot wide right -of -way easement within Livingston Woods Lane and the southern 20 feet of the site taken by Florida Department of Transportation for Pine Ridge Road ,. right -of -way. Clesen PUD, PUDZ- 2003 -AR -3588 EXECUTIVE SUMMARY for September 27, 2005 Page 2 of 4 Agenda Item No. 17C September 27, 2005 Page 3 of 43 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 (CCPC) heard this petition on July 7, 2005 and unanimously (6 -0) recommended that Petition PUDZ- 2003 -AR -3588 be forwarded to the Board of County Commissioners (BCC) with a recommendation of approval with the stipulations that commercial traffic from this project cannot use Livingston Woods Lane, and that Transportation staff revisit the Traffic Impact Statement to ensure worst -case conditions were evaluated for this project. Section 4.7.A. of the PUD document prohibits access to Livingston Wood Lane, thus addressing the first stipulation. Transportation staff provided the following response to the Planning Commission's concern, addressing the second stipulation: Staff met with the applicant and determined that the development mix [originally submitted by the applicant] was considered worse case for this parcel but due to recent changes in the trip generation from the Institute of Transportation Engineers Manual (the 6`h Edition was used for the original submittal and the 7th Edition recently came out) there is a change in the number of trips produced by the development. The new calculation translated into more trips on the roadway system causing the 3 percent level (3.2percent) to be exceeded meaning the next roadway segment should be included in the consistency determination. Since the next link is projected to operate at an acceptable LOS within the five-year time fr -ame for consistency, this project is considered to be consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the Collier County Planning Commission's evaluation of the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents that have been 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. Clesen PUD, PUDZ- 2003 -AR -3588 EXECUTIVE SUMMARY for September 27, 2005 Page 3 of 4 Agenda Item No. 17C September 27, 2005 Page 4 of 43 • The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. • The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. RECOMMENDATION: Staff recommends approval of the rezone requested in Petition PUDZ - 2003 -AR -3588 subject to compliance with the proposed PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review Clesen PUD, PUDZ- 2003 -AR -3588 EXECUTIVE SUMMARY for September 27, 2005 Page 4 of 4 Agenda Item No. 17C September 27. 2005 Page 5 of 43 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17C Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2003 -AR -3588: Frank Clesen & Sons, Inc., represented by William L. Hoover, of Hoover Planning and Development, Inc., requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) to amend the Clesen PUD, pursuant to the sunsetting provisions of the LDC, to update the PUD document in compliance with the current LDC PUD requirements, for property located on the north side of Pine Ridge Road, approximately 1,000 feet east of the Whippoorwill Lane and Pine Ridge Road intersection, in Section 7, Township 49 South, Range 26 East, Collier County Florida. This property consists of 4.33 acres Meeting Date: 9/2712005 9:00:00 AM Prepared By Community Development & Joseph K. Schmitt Kay Deselem, AICP Principal Planner Date Community Development & Zoning &Land Development Review 9/15/2005 4:08:57 PM Environmental Services Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Admin. 9116/2005 4:36 PM Patrick G. White Assistant County Attorney Date County Attorney County Attorney Office 9/1512005 6:06 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 9/16/2005 10:15 AM Environmental Services Environmental Services Admin. Approved By Ray Bellows Chief Planner Date Community Development & Zoning &Land Development Review 9116/2005 10:18 AM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 9/1612005 10:20 AM Environmental Services Environmental Services Admin. Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 9/1612005 11:11 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & 9/16/2005 3:21 PM Environmental Services Environmental Services Admin. Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9116/2005 4:36 PM Agenda Item No, 17C September 27, 2005 Page 6 of 43 Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 9/19/2005 8:26 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/19/2005 8:52 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9120/2005 12:53 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/20/2005 6:21 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's office 9/20/2005 6:49 PM Agenda Item No. 17C September 27, 2005 Page 7 of 43 Transportation staff reviewed the submittal and determined that this application is consistent with Policies 5.1 and 5.2 of the Growth Management Plan based on the proposed uses and the projected impact to Pine Ridge Road. The issue raised at the Planning Commission was whether the transportation analysis was truly worse case scenario and whether any changes to the development type would add trips that would affect more links which could change the original consistency determination. Following the Planning Commission meeting, staff met with the applicant and determined that the development mix was considered worse case for this parcel but due to recent changes in the trip generation from the Institute of Transportation Engineers Manual (the 6th Edition was used for the original submittal and the 7th Edition recently came out) there is a change in the number of trips produced by the development. The new calculation translated into more trips on the roadway system causing the 3% level (3.2 %) to be exceeded meaning the next roadway segment should be included in the consistency determination. Since the next link is projected to operate at an acceptable LOS within the five year time frame for consistency, this project is considered to be consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. Transportation comments responding to CCPC motion 8- 17- 05.doc Agenda Item No. 17C September 27, 2005 Page 8 of 43 Co er 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: PETITION PUDZ- 2003 -AR -3588; CLESEN PUD APPLICANT /AGENT: APPLICANT: Frank Clesen & Sons Inc 316 Florence Avenue Evanston, Illinois 60202 -3298 REOUESTED ACTION: AGENT: William L. Hoover, AICP Hoover Planning and Development, Inc. 3785 Airport Road N., Suite B -1 Naples, Florida 34105 William L. Hoover, of Hoover Planning and Development Inc., representing Frank Clesen & Sons, Inc., requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) in order to amend the Clesen PUD, pursuant to the sunsetting provisions of the LDC, to update the PUD document in compliance with the current Land Development Code (LDC) PUD requirements. GEOGRAPHIC LOCATION: The subject property is located on the north side of Pine Ridge Road, approximately 1000 feet east of the Whippoorwill Lane and Pine Ridge Road intersection, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. (See illustration on following page) PURPOSE/DESCRIPTION OF PROJECT: This PUD was sunsetted in February 2003, pursuant to the sunsetting provisions of the LDC because the property owners did not begin development of the property within the 5 years allowed by code. The property owners have now chosen to amend the PUD document to make some minor changes to the original zoning ordinance including: updating the applicant's address; changing one of the consultants; designating the southern 20 feet of the PUD as right -of -way that will be deeded over to the Florida Department of Transportation (FDOT) for the Pine Ridge Road/I -75 improvements; adding architectural standards in the PUD Document in Section 3.4M; and updating the traffic conditions in Section 4.7 of the PUD Document per the request of the Transportation Division. The Master Plan also reflects the following revisions: the designation of southern 20 feet as right -of -way G:1Current\Dese1em\PUD Rezones\Ciesen PUD, PUDZ- 2003- AR- 35881Staff Report for 6- 2- 05.doc Page 1 of 5 Agenda Item No. 17C September 27, 2005 to be deeded to FDOT; vacation of easements by the State of Florida; relocation of the acd?Age 43 updating the name of the consultant. SURROUNDING LAND USE AND ZONING: North: Livingston Woods Lane; then a 5 -acre parcel with a zoning designation of Estates (E) that is developed with a single - family home East: A four -acre undeveloped parcel with a zoning designation of Estates (E), which is located in the Interchange Activity Center South: Pine Ridge Road; then the Sutherland Center PUD, developed with a motel and other freeway- oriented uses West: Pine Ridge Corners PUD undeveloped L 215 41 PK RNCE ROAD C.R. BBB 1 t 4 ffi1BR GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Interchange Activity Center Subdistrict, as identified on the Golden Gate Area Future Land Use Map (GGAMP) of the Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits the full array of commercial uses, residential and non - residential uses, institutional uses and hotel /motel uses. The Clesen PUD was originally approved in February 1998 for commercial and office land uses and deemed consistent with the GGAMP. The proposed amendments do not affect the project's density or permitted uses. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the GGAMP. Transportation Element: Pine Ridge Road has adequate capacity to serve the proposed development on this property. The Transportation Division has reviewed this project and included conditions to address ingress and egress as well as internal circulation. The Transportation Division has also included provisions for shared access or interconnections with other developments. Transportation staff has determined that this petition is consistent with the GMP Transportation Element Policies 5.1 and 5.2 because there are no roadways that are projected to operate below the adopted level of service standard with the proposed improvements therefore, the project will not have an adverse impact on any roadway. GACurrent\Deselem\PUD Rezones\Ciesen PUD, PUDZ- 2003- AR- 35881Staff Report for 6-2-05 Am Page 2 of 5 b I J >> C C a a a R R u u n n r ro o os m m m m w r r s so u u • • s s o o4 i is H H i in w w ar J J I . U40 M M ID 3 3 A ' .. ID I I 4 LOT P 4 S ! ! w w L U' P PU .ISM 1 MR R ILr L LO C R= m man E EE C C ', 1cm � 9 mti Y YW S SY'! N N M M T TO > >r u u 215 41 PK RNCE ROAD C.R. BBB 1 t 4 ffi1BR GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Interchange Activity Center Subdistrict, as identified on the Golden Gate Area Future Land Use Map (GGAMP) of the Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits the full array of commercial uses, residential and non - residential uses, institutional uses and hotel /motel uses. The Clesen PUD was originally approved in February 1998 for commercial and office land uses and deemed consistent with the GGAMP. The proposed amendments do not affect the project's density or permitted uses. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the GGAMP. Transportation Element: Pine Ridge Road has adequate capacity to serve the proposed development on this property. The Transportation Division has reviewed this project and included conditions to address ingress and egress as well as internal circulation. The Transportation Division has also included provisions for shared access or interconnections with other developments. Transportation staff has determined that this petition is consistent with the GMP Transportation Element Policies 5.1 and 5.2 because there are no roadways that are projected to operate below the adopted level of service standard with the proposed improvements therefore, the project will not have an adverse impact on any roadway. GACurrent\Deselem\PUD Rezones\Ciesen PUD, PUDZ- 2003- AR- 35881Staff Report for 6-2-05 Am Page 2 of 5 Agenda Item No. 17C September 27, 2005 Page 10 of 43 Open Space /Conservation: The PUD document indicates that a combination of landscape, water management areas, and qualifying open space areas equals 30 percent of the gross land area, excluding the 30 -foot wide right -of -way easement within Livingston Woods Lane and the southern 20 feet of the site taken by Florida Department of Transportation for Pine Ridge Road right -of -way. 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 Land Development Code (LDC) Sections 10.02.13 and 10.02.13.B.5 and require staff evaluation and comment. The Planning Commission's recommendation to the Board of County Commissioners (BCC) also uses 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. Environmental Analysis: Environmental Services staff has reviewed the petition and notes that the site has been disturbed and there is little natural vegetation left on the site. They are requesting an appropriate portion of native vegetation be retained on -site and asking for an exotic vegetation removal, monitoring, and maintenance (exotic free) plan. Transportation Analysis: Transportation Department Staff has reviewed the petition and has come to agreement with the petitioner regarding right -of -way reservations to address potential and planned improvements along Pine Ridge Road. Concerns raised have been adequately addressed in the Transportation Section of the PUD document. Transportation staff offers the following analysis: Policy 5.1 of the GMP Transportation Element states, "The County Commission will review all rezone requests with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service within the five year planning period, unless specific mitigating stipulations are approved. Traffic analyses to determine significant project impact shall use the following to determine the study area: a. On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3 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." Policy 5.2 of the GMP Transportation Element states: "Project traffic that is less than 1 percent of the adopted peak hour service volume represents a de minimis impact." Upon review of rezone petition PUDZ- 2003 -AR -3588, staff recommends approval based on the following facts: C:1AdLib eXpress\ Input \Agenda.BCCAGENDA.15900.doc Page 3 of 5 Agenda Item No. 17C September 27, 2005 Page 11 of 43 This petition is for a mixed -use office development with a proposed 3,000 - square -foot fast -food restaurant and an 82 -room motel on the balance of the property. The TIS for this petition projects a total of 1542 trip ends on a weekday and a maximum of 100 PM peak hour trips. Trip distribution and percentages of peak hour volume on roadway segments are as follows: Project Directional Distribution ROAD SEGMENT FROM TO Percent of PROJECT PM PEAK HOUR Percent of VOLUME VOLUME CAPACITY AT ADOPT, LOS Pine Ridge Road 1 -75 Livingston Road 100 percent 100 2.7% Pine Ridge Road will not be affected above 3.0 percent. Therefore, this petition appears to be consistent with policy 5.1 and not applicable to policy 5.2. Utility Issues: The Utilities Department staff has reviewed the petition and provided language in the PUD document to address potable water, reclaimed water and wastewater, as well as solid waste collection and solid waste disposal. Zoning and Land Development Review Analysis: Generally a discussion of this relationship concerns the compatibility of the petitioner's proposed changes to the uses allowed in the PUD with the adjacent properties to the north, south, east, and west. The request is to rezone the subject property from PUD to PUD with only minor changes to the PUD approved by the County in 1998. The major issue is to amend the PUD to change the access, and that has been addressed by the Transportation Division. In addition, the applicant is not requesting any deviations from the LDC. NEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting (NIM) on July 31, 2003, at Community School of Naples, 13275 Livingston Road, Landi Media Arts Building, Room 301. Three members of the public attended in addition to the applicants and county staff. Mr. Hoover, the agent, stated, "There will be no access (to the PUD) onto Livingston Woods Lane ". The petitioners are coordinating with FDOT to permit an access road along Pine Ridge Road within the I -75 jurisdiction. Mention was made of a possible hotel /motel development with a maximum height of 3 stories. The meeting concluded at approximately 6:05 P.M. RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ -03 -AR -3588 subject to the conditions of approval that have been incorporated in the PUD document. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW C:1AdLib eXpressl Input \Agenda.BCCAGENDA.15900.doc Page 4 of 5 REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: Agenda Item No. 17C September 27, 2005 Page 12 of 43 DATE DATE JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the September 27, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN Exhibits: A. Rezone Findings b. 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O LL aw �Ir € a i Q 0 Z O LQ LQ N O Z y W of w 0 m z0= Q0oo I O UO V o,W-, R U W = d W z za= pO� Agenda Item No. 17C September 27, 2005 REZONE FINDINGS Page 15 of 43 PETITION PUDZ -03 -AR -3588 Section 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 subject property is designated Interchange Activity Center Subdistrict, as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits the full array of commercial uses, residential and non - residential uses, institutional uses and hotel /motel uses. The Clesen PUD was originally approved in February 1998 for commercial and office land uses and deemed consistent with the GGAMP. The proposed amendments do not affect the project's density or permitted uses. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Golden Gate Area Master Plan. 2. The existing land use pattern; The subject property is in the Interchange Activity Center, and the proposed PUD for the subject site is consistent with the activity center designation. The property to the west is zoned PUD. The property to the east is also in the Activity Center but is still zoned Estates. The property to the south, across Pine Ridge Road, is also in the Activity Center, zoned PUD, and developed with a motel and other freeway uses. The property to the north is outside of the Activity Center and zoned Estates. It is a 5 -acre parcel developed with a single - family home. The proposed rezone to PUD promotes the County Future Land Use Plan and Map for this designated Activity Center. Conditions within the PUD document address compatibility with the surrounding uses and other major issues such as traffic and access. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The rezone to PUD in the designated Activity Center implements the County's Future Land Use Plan and is a continuation of rezones to PUD in the area that have occurred to the west and south of the applicant's property. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The subject site is surrounded on three sides (east, west and south) by property included in the Activity Center. The properties to the west and to the south have already been rezoned to PUD consistent with this designation. This rezone is simply a EXHIBIT A PUDZ- 2003 -AR -3588 Page 1 of 4 Agenda Item No. 17C September 27, 2005 continuation of that trend, therefore the proposed PUD district boundaries ardPkigidMW 43 drawn and they are consistent with the FLUE of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends and changing market conditions, specifically the development of the surrounding area, necessitate the proposed rezone. Staff believes this rezone is appropriate, noting that the property is located in an Activity Center designated in the County's Future Land Use Element. The rezone of the property to the west and south to PUD is a further indication that growth and development are expected in this area. The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. 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 on the abutting uses. 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 incorporated language into the PUD document that renders the PUD compatible with the Traffic Circulation Element. In addition this proposal will not be allowed access to Livingston Woods Lane to protect the single - family neighborhood to the north. 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; EXHIBIT A P U DZ- 2003 -A R -3588 Page 2 of 4 Agenda Item No. 17C September 27, 2005 Page 17 of 43 Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. However, staff is of the opinion that the proposed rezone will not adversely affect the property values in this area. 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; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact, the proposed PUD does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The existing PUD zoning has sunsetted per the LDC. The applicant chose to rezone to PUD to update the zoning to contemporary standards rather than extend the existing PUD zoning which was an option. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD is designed in a manner that is compatible with surrounding property in size and scale. It is also consistent with the FLUE of the Growth Management Plan, as further limited in the PUD document. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The subject property is located in an Activity Center specifically designated in the County's Future Land Use Element. Sites that meet these criteria are extremely limited and it would be very difficult to find another site in Collier County that would accommodate this request. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. EXHIBIT PUDZ- 2003 -AR -3588 Page 3 of 4 Agenda Item No. 17C September 27, 2005 While site conditions may restrict the location and square- footage of the Ba11?Jii-fggf 43 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. A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. EXHIBIT A P U DZ- 2003 -AR -3588 Page 4 of 4 Exhibit "B" SKETCH OF REAR WALL Yi Agenda Item No. 17C September 27, 2005 Page 19 of 43 f �� 4 }low Agenda Item No. 17C September 27. 2005 Page 20 of 43 ORDINANCE NO. 05 — AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE OR ITS SUCCESSOR, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT KNOWN AS CLESEN CPUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 1,000 FEET EAST OF THE WHIPPOORWILL LANE AND PINE RIDGE ROAD INTERSECTION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.33+ ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 98 -10, AS AMENDED, THE FORMER CLESEN PUD; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Frank Clesen and Sons Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property pursuant to PUDZ- 2003 -AR -3588. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: The Zoning Classification of the subject real property described in Section 1.2 of the PUD document attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof, located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from Commercial Planned Development (PUD) to Commercial Planned Unit Development (CPUD). The appropriate Zoning Atlas Maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, or its successor, is /are hereby amended accordingly. SECTION TWO: Ordinance Number 98 -10, as amended, known as the Clesen CPUD, adopted on February 10, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety, and replaced with these regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. 1 Agenda Item No. 17C September 27, 2005 Page 21 of 43 PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of 12005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney 2 FRED W. COYLE, CHAIRMAN FINDINGS FOR PUD PUDZ -03 -AR -3588 Agenda Item No. 17C September 27, 2005 Page 22 of 43 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject site is undeveloped, however it has been cleared at some point, which has altered the natural characteristics of the land. The site is located where it has access to Pine Ridge Road and the I -75 interchange. The petitioner has agreed to connect to county 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, 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. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. EXHIBIT B PUDZ- 2003 -AR -3588 Page 1 of 2 Agenda Item No. 17C September 27, 2005 Page 23 of 43 Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Infrastructure is or will be in place in the vicinity and its adequacy will be determined at the time of SDP approval. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. EXHIBIT B PU DZ- 2003 -AR -3588 Page 2 of 2 Agenda Item No. 17C September 27, 2005 Page 24 of 43 CLESEN CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CLESEN CPUD, A COMMERCIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: RICHARD J. CLESEN, PRESIDENT FRANK CLESEN & SONS, INC. 316 FLORENCE AVENUE EVANSTON, ILLINOIS 60202 -3298 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B -1 NAPLES, FLORIDA 34105 RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL NORTH, Suite 300 NAPLES, FLORIDA 34105 JEFFREY D. DAVIDSON, PE DAVIDSON ENGINEERING, INC. 2154 TRADE CENTER WAY, SUITE 3 NAPLES, FLORIDA 34109 DATE REVISED May 5, 2005 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDED ORDINANCE NUMBER/DATE EXHIBIT "A" #98 -10 on Feb. 10, 1998 Agenda Item No. 17C September 27, 2005 Page 25 of 43 TABLE OF CONTENTS I' TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS 1 2 4 7 13 Agenda Item No. 17C September 27, 2005 Page 26 of 43 LIST OF EXHIBITS EXHIBIT A CPUD MASTER PLAN EXHIBIT B SKETCH OF REAR WALL Agenda Item No. 17C September 27, 2005 Page 27 of 43 STATEMENT OF COMPLIANCE The development of approximately 4.33 acres of property in Collier County, as a Commercial Planned Unit Development to be known as the Clesen CPUD 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 Clesen CPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 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 on the northern side of Pine Ridge Road, approximately 1000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road. This strategic location allows the site superior access for the location of highway interchange 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 subject project will have a shared access, with the adjacent tract to the west and the subject parcel will provide an access easement for both properties to the east, so that all 4 properties can utilize only a single access onto Pine Ridge Road. Such access point is a designated access point on the Collier County Access Management Plan, as described in Policy 4.4 of the Future Land Use Element. 5. The project development is compatible 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 Section 6.02.00, Adequate Public Facilities Requirements, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE Agenda Item No. 17C September 27, 2005 Page 28 of 43 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 Clesen CPUD. 1.2 LEGAL DESCRIPTION The subject property, zoned Clesen PUD, being 4.33 acres, and located in Section 7, Township 49 South, and Range 26 East, is legally described as: All of Tract 92, Golden Gate Estates Unit No. 35, according to the Plat thereof, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Frank Clesen & Sons, Inc., Attention: Richard J. Clesen, President, 316 Florence Avenue, Evanston, Illinois 60202 -3298. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the northern side of Pine Ridge Road approximately 1,000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road (unincorporated Collier County), Florida. B. The property is currently vacant. The entire project site currently has PUD Zoning and is proposed to be rezoned to CPUD. 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 I- 75 canal system. The project will be designed for a storm event of 3 -day duration and 25 -year return frequency as well as water quality in accordance with the rules of South Florida Water Management District. E Agenda Item No. 17C September 27, 2005 Page 29 of 43 Elevations of the property range from 11.5 feet NGVD to 12.0 feet NGVD, with an average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel #120067 0425 D). The soil type of the project is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. 1.6 PROJECT DESCRIPTION The Clesen CPUD will include retail uses, office uses, or a combination thereof. Section 4.813. of the Clesen CPUD establishes guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards as described in Section 4.813. of the Clesen CPUD will be created by the developer for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers at the time of the Site Development Plan application. The Master Plan is illustrated graphically on Exhibit "A ", CPUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHORT TITLE This Ordinance shall be known and cited as the " Clesen Commercial Planned Unit Development Ordinance ". 3 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE Agenda Item No. 17C September 27, 2005 Page 30 of 43 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. GENERAL A. Regulations for development of the Clesen CPUD shall be in accordance with the contents of this document, CPUD - Commercial 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 local final 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 time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Clesen CPUD shall become part of the regulations which govern the manner in which the CPUD 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 CPUD 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 6.02 Adequate Public Facilities Requirements of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. Agenda Item No. 17C September 27, 2005 Page 31 of 43 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A ", CPUD Master Plan. There shall be 3 land use tracts, plus necessary water management lakes, street rights -of -way, the general configuration of which is also illustrated by Exhibit "A ". B. Minor modifications to Exhibit "A ", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 10.02.13E. of the Collier County Land Development Code. C. In addition to the various areas and specific items shown in Exhibit "A ", easements such as (utility, private, semi - public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE Hotels and motels shall be limited to a floor area ratio of 0.60. Retail and office uses shall be limited to 40,000 square feet of gross floor area. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A ", CPUD Master Plan, constitutes the required CPUD Development Plan. Except as otherwise provided within this CPUD 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 Section 10.02.03 Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Amendments may be made to the CPUD as provided in Section 10.02.13E. of the Land Development Code. 5 Agenda Item No. 17C September 27, 2005 Page 32 of 43 2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and /or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space. 10 SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE Agenda Item No. 17C September 27, 2005 Page 33 of 43 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 ", CPUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the CPUD Master Plan are intended to provide commercial land uses, especially those serving travelers, and office uses. The 4.33 acre site is located on the northern side of Pine Ridge Road approximately 1000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road. It is also designated an Interstate Activity Center. 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 Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5699). 2. Depository Institutions [groups 6021 -6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 3. Eating Places (group 5812, sit -down restaurants only). 4. Food Stores (groups 5411 including supermarkets but not convenience stores, 5421 - 5499 except no roadside sales). 5. General Merchandise Stores (groups 5311 - 5399). 6. Health Services (groups 8011 - 8049, 8082). 7 Agenda Item No. 17C September 27, 2005 Page 34 of 43 7. Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 8. Hotels and Motels at a maximum floor area ratio of 0.60 (group 7011). 9. Insurance Agents, Brokers, and Services (group 6411). 10. Legal Services (group 8111). 11. Miscellaneous Retail [group 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5994 (Newstands), and 5995 (Optical Goods)]. 12. Paint and Wallpaper Stores (group 5231 except glass stores). 13. Personal Services (group 7212 Dry- cleaning and laundry pickup stations only, 7215, 7217, 7219 - 7261 except crematories, 7291). 14. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 15. Real Estate Agents and Managers (group 6531). 16. Travel Agencies (group 4724). 17. Video Tape Rental (group 7841). C. Area "C" Permitted Principal Uses and Structures 1. All Permitted Principal Uses for Area "B" as described within this CPUD Document. 2. Auto Supply Stores (group 5531). 3. Eating Places (group 5812). D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this CPUD Document. 2. The sale of alcoholic beverages for on- premise consumption is permitted accessory to eating places (group 5812) as provided for in Section 3.3. The sale of alcoholic beverages is limited to a N. Agenda Item No. 17C September 27, 2005 Page 35 of 43 maximum of 30% of the gross annual receipts for such eating places. The business owner(s) shall submit an annual report to the Collier County Planning Director on or before April 15 of each calendar year evidencing that the revenue derived from the sale of alcoholic beverages did not exceed 30% of the gross revenue of said establishment for the preceding year. This report shall be prepared by or attested to by a certified public accountant. On -site consumption of alcoholic beverages shall be subject to Section 5.05.01 of the Land Development Code. 3. Loud speakers and public address systems are prohibited for all land uses. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: Seventy -five (75) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yard - Twenty -five (25) feet. (b) Yard Along Livingston Woods Lane - Eighty -two and one - half (82.5) feet. (c) Side Yard - Ten (10) feet. (d) Side Yard External to the CPU - Fifteen (15) feet. (e) Rear Yard - Fifteen (15) feet. (2) Accessory Structures: Setbacks shall be as required by Section 4.02.03 of the Land Development Code in effect at time of building permit application. However, all accessory structures shall be setback a minimum of eighty -two (82.5) feet from Livingston Woods Lane. 9 Agenda Item No. 17C September 27, 2005 Page 36 of 43 D. Distance Between and Number of Principal Structures: Twenty (20) feet. Principal structures shall be limited to a maximum of three (3) buildings. E. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. F. Maximum Height: Three (3) stories not to exceed thirty -five (35) feet. Hotels and motels constructed to a height of three (3) stories shall not have any windows or balconies on the upper story facing the north. G. Off - Street Parking and Loading Requirements: As required by Division 4.05 of the Land Development Code in effect at the time of building permit application. H. Open Space Requirements: A minimum of thirty (30) percent open space of the gross area for the entire CPUD, excluding the thirty (30) foot wide R.O.W. easement within Livingston Woods Lane, shall be devoted to open space, as described in Section 4.07.02G.3. of the Land Development Code. (1) Area "A" of the CPUD Master Plan shall contain a minimum of .55 acre of open space. (2) Area "B" of the CPUD Master shall contain a minimum of .30 acre of open space. (3) Area "C" of the CPUD Master Plan shall contain a minimum of .38 acre of open space (0.55 acre for Area "A" + 0.30 acre for Area "B" + 0.38 acre for Area "C" = 1.23 acre). Buffering Requirements: (1) A twenty (20) foot wide Type "D" Buffer shall be provided along Pine Ridge Road, with the landscaping as required in Section 4.06.02 of the Collier County Land Development Code. 10 Agenda Item No. 17C September 27, 2005 Page 37 of 43 (2) A twenty (20) foot wide Type "D" Buffer shall be provided along Livingston Woods Lane, with more stringent screening than required in Section 4.06.02 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on- center and a double row of shrubs shall be spaced a minimum of three (3) feet on- center, with both trees and at least one (1) row of shrubs located on the northern side of an eight (8) foot tall architecturally finished opaque masonry wall. Such wall shall have a common architectural theme with the other buildings and signage within the CPUD as described in Section 4.813. of this CPUD Document and be installed and maintained with a finished side out towards Livingston Wood Lane. Such trees and shrubs shall meet the requirements of Section 4.06.05 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject CPUD. Additionally, between the wall and the northern boundary of Area "B ", there shall be planted at least fifteen (15) Red Maples trees, or similar species, that are at least eight (8) feet tall. (3) Buffering between Area "B" and Area "C" of the CPUD, shall be a ten (10) foot wide Type "D" Buffer along both sides of the paved roadway. (4) Irrigation and maintenance of all buffering material will be conducted in compliance with the Land Development Code as it may be in effect at the time of Site Development Plan approval. (5) Required landscaping shall be maintained per Section 4.06.05 of the Land Development Code. J. Signs Signs shall be permitted as described in Section 5.06 of the Collier County Land Development Code except pole signs, as described in Section 5.06.04 shall not be permitted. Ground signs, as described in Section 5.06.05, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architectural standards further described in Section 4.813. of this CPUD Document. K. 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 4.813. of this CPUD Document. 11 Agenda Item No. 17C September 27, 2005 Page 38 of 43 L. Lighting Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted within Area "C" and not exceeding a height of twelve (12) feet shall be permitted within Area "B ". Lighting shall meet the architectural standards further described in Section 4.8B. of this CPUD Document. Lighting shall be designed so that glare does not extend off - site onto residential properties. M. Architectural The project shall comply with Section 5.05.08 Architectural Standards for Commercial Buildings and Projects of the Land Development Code. N. Outside Storage and Displav There shall be no outside storage or display of merchandise. 12 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE Agenda Item No. 17C September 27, 2005 Page 39 of 43 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 CPUD. 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 CPUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall follow the CPUD Master Plan and the regulations of this CPUD 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 shall be subject to any commitments within this agreement. 4.3 CPUD MASTER PLAN A. Exhibit "A ", CPUD 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 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 13 Agenda Item No. 17C September 27, 2005 Page 40 of 43 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 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. 4.5 ENGINEERING A. Except as otherwise provided within this CPUD Document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. If the property is subdivided into three (3) or more parcels, a plat shall be required. C. Prior to Final Site Development Plan approval, the developer shall provide survey evidence of a positive connection to the 1 -75 Canal, including culvert locations, sizes, and slopes of swales. D. The petitioner shall be responsible for identifying and confirming the routing and capacity of storm water drainage outfall. E. Maximum allowable stormwater discharge rates to be per Ordinance 90- 10, as amended. 4.6 UTILITIES A. Water distribution, sewage collection and transmission, and interim water and /or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88 -76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. This project shall be serviced with a central sewer system. 14 Agenda Item No. 17C September 27, 2005 Page 41 of 43 4.7 TRAFFIC A. The internal roadway design shall prohibit traffic from the commercial zone onto Livingston Wood Lane. B. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department Of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). C. Arterial level street lighting shall be provided at all access pints. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). D. Access points, including both driveways and proposed streets, shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a CPUD Amendment is processed. E. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. F. Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended. G. All work within Collier County rights -of -way or public easements shall require a Right -of -Way Permit. H. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County W1 Agenda Item No. 17C September 27, 2005 Page 42 of 43 reserves the right to modify or close any median opening existing at the time of approval of this CPUD 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. Nothing in any development order shall vest a right of access in excess of a right -in /right -out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. K. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. L. If any required turn lane improvement requires the use of existing County right -of -way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. M. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. N. The County will require adjacent developments to provide shared access or interconnections with this development. 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. The County will support the reduction of the FDOT limited access area in front of the adjacent property to the west in order for this development to share access onto Pine Ridge Road with said property. The width of the shared access road shall be entirely on the adjacent property owner's property and shall not exceed forty feet. 4.8 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 111M. Agenda Item No. 17C September 27, 2005 Page 43 of 43 B. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with Section 5.05.08 Architectural Standards for Commercial Buildings and Projects 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. All buildings shall be primarily finished in light colors except for decorative trim. All roofs must be the or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 4.9 ENVIRONMENTAL A. An appropriate portion of native vegetation shall be retained on -site as required in Section 3.05.07 of the Land Development Code. B. An exotic vegetation, removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Environmental Review Staff for review and approval prior to Final Site Development Plan /construction plan approval. 17 Agenda Item No. 17D September 27, 2005 Page 1 of 18 EXECUTIVE SUMMARY To obtain Board of County Commissioners approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Ordinance establishing the Nuisance Abatement Board. OBJECTIVE: To repeal and replace the Ordinance establishing the Code Enforcement Board and the Ordinance establishing the Nuisance Abatement Board. CONSIDERATION: In accordance with Florida Statutes Chapter 162, the Board of County Commissioners exercised its authority to create an administrative board, with the authority to impose administrative fines and other non - criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of Collier County, where a pending or repeated violation continues to exist. After the establishment of the Code Enforcement Board in 1992, the ordinance has been modified four times for the enhancement of the Code Enforcement Board's structure and powers. Subsequently, there have been amendments to the State Statutes containing the rules governing the Board, in addition to case law and Attorney General opinions that have been rendered and should be considered for the regulatory make -up of the Board. In 1996, the Board of County Commissioners further exercised its authority under Charter 893 and created an Administrative Board (the Nuisance Abatement Board) to hear complaints regarding nuisances that expanded beyond local codes and ordinances, including drug- related, prostitution - related, stolen property- related, as well as criminal gang activity public nuisances. After the establishment of the Nuisance Abatement Board, which also functions as the Code Enforcement Board, State Statutes authorizing this body has been amended to modify the scope of the Board's authority. The proposed ordinance incorporates all the Statutory amendments as well as those procedural amendments needed in order for the Boards governed by this ordinance to function as efficiently as possible. The changes being proposed to the Ordinance are as follows: • Definitions have been updated and those terms that no longer are contained in the Ordinance have been omitted. • An updated definition for "Public Nuisance" has been added to the Ordinance. • The procedures for the issuance of a subpoena has been modified to give the Chairman of the Code Enforcement Board the authority to execute rather than having to go through the Clerk of Courts. The amount that the Board may fine a violator per day has been increased from $250 per day per violation to $1,000 per day per violation; and in cases of repeat violators from $500 per day per violation to $5,000 per day per violation. If the Enforcement Board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $15,000 per violation as opposed to the $5,000 limitation in the prior Ordinance. .-- . A separate fining structure has been incorporated for the Nuisance Abatement Board providing for $250 per day for first offenses and $500 per day for repeat offenses. Both Agenda Item No. 17D September 27, 2005 Page 2 of 18 fines may include payment of reasonable costs and attorney fees associated with investigations of and hearings on public nuisances. • Clarifying that in cases where a public nuisance has been brought against one of the tenants of multiple tenants establishment, on which the property owner also conducts his or her business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days. The requirements for notice have been modified to reflect the most up -to -date requirements. Personal service must be attempted and when unsuccessful, certified mail is the required option. If certified mail is refused or not successful, the violated property and local courthouse must be posted for a minimum of 10 days prior to the compliance date or the hearing date, whichever is applicable. Notification in a newspaper of general circulation is another alternative if all others are not successful. FISCAL IMPACT: The proposed changes will not have a fiscal impact. GROWTH MANAGEMENT IMPACT: The proposed changes will not have a growth management impact. LEGAL CONSIDERATION: The proposed Ordinance has been reviewed and approved for legal sufficiency. .-- RECOMMENDATION: That the Board of County Commissioners repeal County Code Enforcement Board Ordinance No. 92 -80, No. 96 -78, No. 98 -20 and No. 99 -26 and Collier County Nuisance Abatement Board Ordinance No. 96 -11 and adopt the proposed Ordinance establishing the Code Enforcement Board and Nuisance Abatement Board. Prepared by: Michelle Edwards Arnold Code Enforcement Director Agenda Item No. 17D September 27, 2005 Page 3 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17D Item Summary: This item was continued from the September 13, 2005 BCC Meeting. To obtain Board of County Commissioner approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Nuisance Abatement Board. Meeting Date: 9/2712005 9:00:00 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 711212005 11:06 AM Environmental Services Environmental Services Admin. Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 7112/2005 11:16 AM Environmental Services Environmental Services Admin. Approved By James V. Mudd County Manager Date Board of County County Manager's Office 912012005 5:56 PM Commissioners Agenda Item No. 17D September 27; 2405 Page 4 of 18 ORDINANCE NO. 05- AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY CODE ENFORCEMENT BOARD AND PUBLIC NUISANCE ABATEMENT ORDINANCE; SETTING FORTH THE FINDINGS AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING DEFINITIONS; ESTABLISHING THE COMPOSITION, APPOINTMENT AND TERMS OF MEMBERS, VACANCIES AND REMOVAL OF MEMBERS; ESTABLISHING THE ORGANIZATION OF THE ENFORCEMENT BOARD; SETTING FORTH THE POWERS AND DUTIES OF THE ENFORCEMENT BOARD; PROVIDING ENFORCEMENT PROCEDURES; ESTABLISHING SUBPOENA PROCEDURES; PROVIDING FOR CONDUCT OF HEARING; ESTABLISHING PENALTIES; PROVIDING FOR COSTS FOR NUISANCE ABATEMENT CASES; PROVIDING A PROCEDURE FOR REHEARING OF ENFORCEMENT BOARD ACTION; PROVIDING FOR APPEALS; PROVIDING A PROCEDURE FOR NOTICES; PROVIDING FOR A SUPPLEMENTAL PROVISION; REPEALING COLLIER COUNTY CODE ENFORCEMENT BOARD ORDINANCE NOS. 92 -80; 96-78; 98 -20 AND 99 -26 AND COLLIER COUNTY NUISANCE ABATEMENT BOARD ORDINANCE NO. 96 -11; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitution of the State of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Subsection 125.01(1), Florida Statutes, provides that the legislative and governing body of a county shall have the power to carry on county government and that said power includes but is not limited to, a number of powers set forth in Section 125.01, so long as any powers exercised are not inconsistent with general or special law; and WHEREAS, Subsection 125.01(1)(t), Florida Statutes, provides that a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Subsection 125.01(1), Florida Statutes, enumerates county powers which include, but are not limited to: providing for the prosecution and defense of legal causes on behalf of the County; establishing and enforcing zoning and business regulations as are necessary for the protection of the public; establishing and enforcing regulations for the sale of alcoholic beverages in unincorporated areas of the County pursuant to general law; entering into agreements with other governmental agencies within or outside the boundaries of the County for joint performance or performance by one unit on behalf of the other of any of either agency's authorized functions, the performance of any other acts not inconsistent with law, which acts are in the common interest of the people of the County; and the exercise of all powers and privileges not specifically prohibited by law; and WHEREAS, Subsection 125.01(3)(a) and (b), Florida Statutes, recognizes that the enumeration of powers in Subsection 125.01(1), Florida Statutes, incorporates all implied powers necessary or incident to carry out those powers and that Section 125.01, Florida Statutes, shall be 1 Agenda Item No, 17D September 27, 2005 Page 5 of 18 liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution; and WHEREAS, Collier County has a population of greater than 50,000 and that the fine structure allowed by Subsection 162.09(2)(b), Florida Statutes, is necessary to achieve code and ordinance compliance; and WHEREAS, Section 162.02, Florida Statutes, authorizes the creation of administrative boards, with authority to impose administrative fines and other non - criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of Collier County; and WHEREAS, Subsection 162.08(5), Florida Statutes, provides that an administrative board shall have the power to issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; and WHEREAS, Section 162.13, Florida Statutes, provides that it is the legislative intent of Sections 162.01 - 162.12, Florida Statutes, to provide an additional or supplemental means of obtaining compliance with local codes and that nothing contained in those sections shall prohibits a local governing body from enforcing its codes by any other means; and WHEREAS, the Commission has determined that it is the best interest of the citizens of Collier County to create Code Enforcement Boards as additional means of enforcement; and WHEREAS, Section 893.138, Florida Statutes, authorizes counties to create local administrative boards with authority to abate drug - related, prostitution- related, or stolen property- related public nuisances, as well as criminal gang activity; and WHEREAS, Section 823.05, Florida Statutes, declares certain places and premises to be a nuisance and further provides that such places or premises shall be abated or enjoined as provided in Sections 60.05 and 60.06, Florida Statutes; and WHEREAS, the Commission has determined that any places or premises which are used as the site of illegal or nuisance activities including, but not limited to, unlawful sale and delivery of controlled substances, prostitution, criminal gang activity, are a public nuisance that adversely affects the public health, safety, morals and welfare; and WHEREAS, ongoing and recent law enforcement activities conducted by the Collier County Sheriff indicate that there are premises and places within Collier County which are used as the site of illegal and/or nuisance activities including, but not limited to, unlawful sale or delivery of controlled substances, prostitution, gang activity, gambling, illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior; and WHEREAS, the Commission has determined that abating public nuisances which result from illegal activity is necessary to improve the quality of life for the residents of Collier County and that abatement of illegal activity will safeguard the public health, safety and welfare and to the extent possible, eliminate the adverse and negative secondary effects of public nuisances on surrounding neighborhoods; and WHEREAS, the Commission desires to minimize, control and, to the extent possible, eliminate the adverse and negative secondary effects of public nuisances on surrounding neighborhoods and areas and thereby protect the health, safety and welfare of the citizenry, protect the citizens from increased crime, preserve the quality of life, and preserve the property OA Agenda Item No. 17D September 27, 2005 Page 6 of 18 values and character of surrounding neighborhoods, as well as deterring the spread of urban blight; and WHEREAS, Section 60.05, Florida Statutes, authorizes the County Attorney, among others, to sue in the name of the State on his or her relation to enjoin nuisances, the person maintaining same, or the owner or agent of the building or ground on which the nuisance exists; and WHEREAS, it is the intent of this Ordinance to enact and enforce public nuisance laws in a manner and through procedures which respect and uphold the constitutional due process rights of all affected citizens and property owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Findings and Purpose. 1. It is the intent and purpose of this Ordinance to promote, protect and improve the health, safety and welfare of the citizens of Collier County by authorizing the creation of administrative boards, with authority to impose administrative fines and other non - criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of Collier County, where a pending or repeated violation continues to exist, including, but not limited to housing, occupational licenses, development standards, zoning, sign and noise codes. I 2. Chapter 162, Florida Statutes, entitled Local Government Code Enforcement Boards Act, authorizes a County to establish local code enforcement boards. 3. It is in the best interests of the citizens of Collier County to create a Code Enforcement Board process as additional means for the enforcement of its Codes and Ordinances. 4. The Commission hereby finds and declares that any places or premises which are used as the site of criminal, illegal and/or nuisance activities including, but not limited to, unlawful sale, possession (where such possession constitutes a felony and the site has previously been used on more than one occasion as a site of unlawful sale, delivery, manufacture or cultivation of any controlled substance) or delivery of controlled substances, prostitution, gang activity, gambling, illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior, are a public nuisance that adversely affects the public health, safety, morals and welfare. The Board further finds that abating public nuisances which result from illegal and/or criminal activity is necessary to improve the quality of life for the residents of Collier County and that said abatement will safeguard the public health, safety and welfare. 5. It is the purpose of this Ordinance to abate public nuisances and thereby protect and promote the public health, safety, welfare and morals of the citizens of the County. It is also the purpose of this ordinance to achieve said nuisance abatement goal by utilizing the Collier County Code Enforcement Board and any other lawfully authorized procedures which afford due process and respect and uphold the constitutional rights of all affected by this Ordinance, including, but not limited to, property owners. This Ordinance is hereby declared to be remedial and essential to the public interest and it is intended that it be liberally construed to effectuate its stated purpose. The provisions of this Ordinance shall be cumulative and supplemental to any provisions of the Florida Statutes, Collier County ordinances, or any other applicable law. 3 Agenda Item No. 17D September 27, 2005 Page 7 of 18 SECTION TWO: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Code Enforcement Board and Public Nuisance Abatement Board Ordinance" SECTION THREE: Applicability. The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of the County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree by resolution of the governing body of the municipality to have this Ordinance apply and be enforced in the municipality. SECTION FOUR: Definitions. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section: 1. Enforcement Board means a Collier County Code Enforcement Board, which may act as a Collier County Nuisance Abatement Board from time to time. 2. Commission means a the Board of County Commissioners who is the local governing body in and for Collier County, Florida. 3. County Attorney means the legal counsel to the Commission. 4. Issuing Officer means a code enforcement official or any authorized agent or employee of Collier County whose duty it is to assure code and ordinance compliance and who is responsible for the enforcement of county codes. 5. Lien means a claim for unpaid civil penalties imposed by the Code Enforcement Board. 6. Person means an individual, association, firm, partnership, corporation, or other legal entity. 7. Prosecutor means the County Attorney, an Assistant County Attorney, or any member of the County staff who presents cases before an Enforcement Board. 8. Repeat violation shall mean a violation of a provision of a code or ordinance by a person who has been previously found through an Enforcement Board, Special Master, or any other quasi-judicial or judicial process, to have violated the same provision within five (5) years prior to the violation, notwithstanding the former and present violations occur at different locations. 9. Public Nuisance means those nuisances as identified in either Sections 893.138 or 823.05 of the Florida Statutes, or other statute or ordinance declaring public nuisances. j 10. Secretary or Secretary to the Board means the administrative staff personnel in the Code Enforcement Department responsible for the preparation, development and coordination of all administrative and case management services necessary for the proper functioning of the board(s). 11. Violator means a person (the property owner, tenant, or business entity on the premises, or any combination thereof) alleged to, or who has been found to have violated any code or ordinance of Collier County, which a Code Enforcement Board has jurisdiction to enforce. 4 Agenda Item No. 17D September 27, 2005 Page 8 of 18 SECTION FIVE: Composition; Appointment and Terms of Members; Vacancies; Removal of Members. 1. There shall be one (1) or more Enforcement Boards which shall, from time to time, also function as the Nuisance Abatement Board. The Enforcement Board shall have jurisdiction to hear and decide cases in which violations are alleged of any provision of Collier County Codes or Ordinances. 2. The Enforcement Board shall be comprised of seven (7) members and two (2) alternate members appointed by the Commission. Members of the Enforcement Board shall include, whenever possible, an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. 3. Each member of the board shall be a permanent resident and elector of Collier County and shall serve without compensation. 4. Members may be reimbursed for such travel, mileage, and per diem expenses as may be authorized, in advance, by the Commission. 5. Terms of office shall be in accordance with Ordinance No. 2001 -55 or its successor ordinance. 6. Board member attendance requirements, including failure to attend meetings and removal from office, shall be governed by Ordinance No. 2001 -55 or its successor ordinance. The members shall serve at the pleasure of the Commission and may be suspended and removed for cause by a majority vote of the quorum of the Commission. If any member becomes a candidate for public elected office, or becomes and employee of the County, his membership will automatically terminate. 7. An Alternate member shall act only in the absence, or disqualification, of a regular board member. The initial appointments to the board shall be as follows: a) Two (2) members shall be appointed for a term of one (1) year; b) Three (3) members shall be appointed for a term of two (2) years; c) Two (2) members shall be appointed for a term of three (3) years; d) One (1) alternate member shall be appointed for a term of two (2) years and one (1) alternate member shall be appointed for a term of three (3) years. e) Thereafter, all appointments shall be made by the Commission for a term of three (3) years. f) In the event any member's term, including that of any alternate member's term, expires during the pendency of a case(s) which has not reached conclusion by a final vote, such member's expired term shall automatically be extended for the limited time and for the limited purpose of presiding over such particular case(s) until conclusion and final vote and the time for rehearing has passed. In the event a rehearing is granted, such member's term shall continue for the limited time and limited purpose to rehear the matter and reach conclusion by final vote. SECTION SIX: Organization of the Enforcement Board. W Agenda Item No. 17D September 27, 2005 Page 9 of 18 1. An Enforcement Board shall consist of a chairperson, a vice - chairperson, and such other officers, as the Board shall deem necessary, after election to such position by the Board members who shall be regular voting members. 2. Officers of an Enforcement Board shall be elected by a majority vote of the membership at the first meeting of the Board, after the initial appointment of the membership and annually thereafter. 3. A minimum of four (4) members of an Enforcement Board shall constitute a quorum. An alternate member shall be considered as one (1) of such members for quorum purposes. 4. An Enforcement Board may adopt such rules and regulations as deemed necessary to carry out their duties consistent with the provisions of this Ordinance and Chapter 162, Florida Statutes, the Local Government Code Enforcement Boards Act, subject to approval by the Commission. 5. The Commission shall provide such clerical and administrative personnel and legal services as may be reasonably required by an Enforcement Board for the proper performance of its duties. 6. The Commission shall appoint an attorney who is a member of the Florida Bar, either residing or practicing in the County, to represent and act as legal counsel to the Enforcement Board, and such person shall attend all meetings of the Board. The attorney shall be compensated as provided by the Commission. 7. The Enforcement Board shall be reviewed by the Commission, in accordance with Collier County Ordinance No. 2001 -55, as it may be amended. SECTION SEVEN: Powers and Duties. 1. The Collier County Enforcement Board shall have the power to: a) Adopt rules and regulations for the conduct of its hearings; b) Subpoena alleged violators and witnesses to appear at its hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person; c) Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary evidence, which subpoena may be served by the Collier County Sheriff or a duly authorized person; d) Take testimony under oath; e) Hold hearings on Notices of Violations; f) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; g) Assess administrative fines, costs, and to impose liens and order the payment of such fines, as provided for herein; h) Authorize the County Attorney, or his designee, to foreclose on alien or sue to recover a money judgment for unpaid fines and costs imposed by the Enforcement Board; and i) Uphold any other powers and duties granted by Chapter 162, Florida Statutes, the Local Government Code Enforcement Board Act. 6 Agenda Item No. 17D September 27; 2005 Page 10 of 18 SECTION EIGHT: Enforcement Procedures before the Enforcement Board. 1. Matters brought to the Enforcement Board shall be scheduled on the applicable agenda consistent with the following procedures: A. Alleged violations of any code or ordinance may be filed with the Code Enforcement Department by citizens or those administrative officials who have the responsibility of enforcing the various codes and ordinances in force in Collier County. B. If a violation(s) of a code or ordinance is believed to exist, the issuing officer shall provide notice and specify a reasonable time to correct the violation(s). Notice shall be given in writing and shall specify the alleged violation, the required corrective action and the time period for correction. C. Should any violation continue beyond the time specified for correction, the Secretary to the Board shall give notice to the violator that a hearing will be conducted concerning the alleged violation(s) as noticed. The Notice shall state the time and place of the hearing, as well as the violation(s) which are alleged to exist. D. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the issuing officer may either issue a citation or schedule the case for hearing. If the issuing officer initiates the hearing process, the case may be brought for hearing even if the violation has been corrected prior to hearing, and the notice of hearing shall so state. E. If the issuing officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the issuing officer shall make a reasonable effort to notify the violator and may immediately notify the Enforcement Board and request a hearing. Under such circumstances, the issuing officer shall not be required to adhere to the notice and time requirements as set forth above. F. If a repeat violation is found, the Code Investigator shall notify the violator but is not required to give the violator reasonable time to correct the violation. The issuing officer, upon notifying the violator of a repeat violation, may request a hearing. The Code Enforcement Department shall give notice to the violator as set forth in paragraph C. of this Section. The case may be brought for hearing even if the repeat violation has been corrected prior to hearing, and the notice of hearing shall so state. G. If the owner of property which is subject to a code enforcement proceeding transfers ownership of such property between the time the notice of violation was served and the time of the hearing, such owner shall: 1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; 2) Deliver to the prospective transferee a copy of the notices and other materials relating to the code enforcement proceeding received by the violator /transferor; 3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; and 7 i Agenda Item No. 17D September 27, 2005 Page 11 of 18 4) File a notice with the Code Enforcement Department of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five (5) days after the date of the transfer. 5) A failure to make the disclosure described above and before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the hearing shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. 2. Matters brought to the Public Nuisance Abatement Board shall be scheduled on a separate agenda in accordance with the following procedures: A. Any employee, officer or resident of Collier County may make a complaint and request for prosecution of public nuisances before the Nuisance Abatement Board, for public nuisance(s) located within the area of Collier County as set forth in Section Three of this Ordinance. Said complaint shall be made with the Collier County Sheriff's Office if the complaint involves criminal activity as the underlying basis for the nuisance complaint. Any non - criminal nuisance complaints shall be made with the Collier County Code Enforcement Department. B. Upon the making of more than two (2) complaints within a six (6) month period on any particular place or premises, the Collier County Code Enforcement Supervisor or his/her designee shall mail written notice of such complaints by hand delivery or by certified mail, return receipt requested, to the owner of the place or premises complained of at the owner's address listed in the tax collector's office of tax notices. Said notice shall provide for the owner of the place or premises to contact the Collier County Code Enforcement Department within fourteen (14) days of receipt of the notice. This time period shall be allowed for the purpose of allowing the owner to take such good faith measures as are appropriate to abate the nuisance. The Code Enforcement Supervisor or his/her designee may extend the fourteen (14) days to allow the owner to initiate or continue actions to abate the nuisance, provided that the actions taken are reasonable. C. In the event the owner fails to respond to the notice from Collier County Code Enforcement or fails to take reasonable action to abate the nuisance within the time frames set forth above, the Secretary to the Board shall schedule a hearing on the complaint before the Nuisance Abatement Board. The Sheriff's Office shall provide the Prosecutor with the results of its investigation of the complaint and also assist in serving any notices required under this Ordinance. The Sheriffs Office shall also make available the Sheriffs staff witnesses to appear before the Nuisance Abatement Board without need for subpoena. D. Written notice of a hearing before the Nuisance Abatement Board shall be provided by the Secretary to the Board by certified mail, return receipt requested, to the owner of the place or premises and to the complainant at least ten (10) calendar days prior to the scheduled hearing. Said notice shall include: (1) A statement of the time, place and nature of the hearing; (2) A statement of the legal authority and jurisdiction under which the hearing is to be held; 8 Agenda Item No, 17D September 27; 2005 Page 12 of 18 (3) A reference to the particular sections of the statutes and ordinances involved; and (4) A short and plain statement summarizing the nuisance, which is the subject of the complaint. SECTION NINE: Subpoena Procedures. 1. Every subpoena for testimony before an Enforcement Board or Nuisance Abatement Board shall be approved in advance of issuance by the Enforcement Board or Nuisance Abatement Board. Each subpoena shall state the name of the Enforcement Board, the title of the action, the case number of the action, the name and address of the person to whom the subpoena is issued, and the time, place and location of the hearing at which the person is directed to appear, and shall be prepared by the party requesting issuance. 2. A subpoena for production of documentary evidence may also be issued to command the person to whom it is directed to produce the books, papers, documents or tangible items designated therein. The Enforcement Board, upon motion made timely and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the person on whose behalf the subpoena is issued of the reasonable cost of producing the requested books, papers, documents or tangible items. i 3. A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party to the action and who is not less than eighteen (18) years of age. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. Proof of service shall be filed with the secretary of the Enforcement Board. The party at whose request the service is made shall make payment of any service fee. 4. Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in Section 92.142, Florida Statutes. The cost of the witness fee and mileage compensation shall be borne by the party at whose request the subpoena is issued and shall be paid to the witness at or before the time of service of the subpoena. SECTION TEN: Conduct of Hearing. 1. Hearings relating to violations of local codes and ordinances shall be conducted in the following manner whether being held by the Code Enforcement Board or Nuisance Abatement Board. I a) Upon request of the issuing officer, or at such times as may be necessary, a hearing before the Enforcement Board may be convened. b) All hearings shall be open to the public and any person whose interests may be affected by the matter before the Enforcement Board shall be given an opportunity to be heard. Official minutes of all hearings shall be kept. c) Hearings may be informal and need not be conducted in accordance with the technical rules relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings. 9 Agenda Item No. 17D September 27, 2005 Page 13 of 18 d) At the hearing, the burden of proof shall be upon the prosecutor to show by the greater weight of evidence that a violation(s) does exist and that the violator committed, or was responsible for maintaining or allowing the violation to continue. e) Where notice of the hearing has been provided to the violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator. f) All testimony shall be under oath and shall be recorded by a certified court reporter and/or a recording instrument. The violator may cause the proceedings to be recorded by an independent certified court reporter. g) All relevant evidence shall be admitted if, in the opinion of the Enforcement Board, it is the type of evidence upon which reasonable persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objection in civil actions. Any part of the evidence may be received in written form. b) Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision. i) Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross - examine opposing witnesses, impeach witnesses and rebut evidence. The violator may be represented by legal counsel at all hearings. j) At the conclusion of the hearing, an oral decision (order) shall be issued based on evidence entered into the record. The decision shall then be sent to the respondent in the form of a written order including findings of fact, and conclusion of law based on evidence of record. k) Should an Enforcement Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Enforcement Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by members of an Enforcement Board shall occur at a public meeting of the Enforcement Board. The Board shall thereafter issue its decision pursuant to Subsection j. of this Section. 1) A certified copy of such order may be recorded in the public records of Collier County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns as the violations concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. m) If Collier County prevails in prosecuting a case before the Enforcement Board, it shall be entitled to recover all costs incurred in prosecuting the case before the Enforcement Board. Whether and to what extent such costs are imposed shall be within the discretion of the Enforcement Board but shall not exceed the costs incurred. 2. The Collier County Code Enforcement Department shall present cases before the Nuisance Abatement Board. The Collier County Sheriff's Office shall only be responsible for 10 Agenda Item No. 17D September 27, 2005 Page 14 of 18 receiving and investigating complaints, sharing said investigative information with the Code Enforcement Department, notifying the Code Enforcement Department of the need to schedule hearings, assisting the Code Enforcement Department staff in serving any notices required under this Ordinance and making available investigative witnesses at Nuisance Abatement Board hearings, as generally set forth in Section Eight of this Ordinance. All parties shall have an opportunity to present evidence and argue on all issues involved, to conduct cross - examination and submit rebuttal evidence, and to be represented by counsel. Where appropriate, the public may be given an opportunity to present oral or written communications. If the Nuisance Abatement Board proposes to consider such material, then all parties shall be given an opportunity to cross - examine or challenge or rebut said material. All testimony shall be under oath and shall be recorded. Formal Hiles of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the Nuisance Abatement Board shall be based on competent and substantial evidence and must be based on a preponderance of the evidence. 3. After considering all evidence, the Nuisance Abatement Board may declare the place or premises to be a public nuisance, as defined in this Ordinance and applicable Florida Statutes, and may enter an order immediately prohibiting: a) the maintaining of a nuisance; b) the operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; C) the conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. An order entered under Subsection 2. shall expire after one year or at such earlier time as stated in the order. The Nuisance Abatement Board may retain jurisdiction to modify its orders prior to the expiration of said orders. 4. The Nuisance Abatement Board or any other authorized person, may bring a complaint under Section 60.05, Florida Statutes, seeking a permanent injunction against any public nuisance. SECTION ELEVEN: Penalties before Enforcement Board. 1. The Code Enforcement Board, upon notification by the Code Enforcement official that a previous order of the Board for a first violation has not been complied with by the specified time, may order the violator to pay a fine which shall not exceed one thousand dollars ($1,000.00) per day per violation for each day the first violation continues past the date set for compliance; or in the case of a repeat violator, may order the repeat violator to pay a fine which shall not exceed five thousand dollars ($5,000.00) per day per violation for each day the violation continues past the date set for compliance, or from the time the violation has been repeated, and a hearing shall not be necessary for the issuance of the order. If the Enforcement Board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed fifteen thousand dollars ($15,000.00) per violation, i 2. In determining the amount of the fine, if any, an Enforcement Board shall consider the i following factors: 11 Agenda Item No. 17D September 27, 2005 Page 15 of 18 A. The gravity of the violation; B. Any actions taken by the violator to correct the violation; and C. Any previous violations committed by the violator. 3. The Nuisance Abatement Board may order the violator to pay a fine which shall not exceed Two Hundred and Fifty dollars ($250) per day for each day the first violation continues past the date set for compliance; or in the case of a repeat violator, may order the repeat violator to pay a fine which shall not exceed Five Hundred dollars ($500) per day. 4. Where the Nuisance Abatement Board hears an administrative action, based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site, conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to the authority of Section 893.138, Florida Statutes, shall not exceed Fifteen Thousand dollars ($15,000). 5. A certified copy of an Enforcement Board's order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation occurred or exists and upon any other real or personal property owned by the violator; and shall be superior to the interest on such parcel or property of any owner, lessee, tenant mortgagee or other person except the lien of county taxes, and shall be coequal with County taxes enforced in the same manner as a court Judgment by the sheriffs of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the Enforcement Board may authorize the County Attorney to foreclose on the lien or forward the lien to a collection agency. No lien created pursuant to this Ordinance may be foreclosed on real property, which is a homestead under Article X, Section 4 of the Florida Constitution. 6. No lien provided under this Ordinance shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a Notice of Lis Pendens is recorded. SECTION TWELVE: Costs for Nuisance Abatement cases. In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and issues an order pursuant to Section Ten of this Ordinance, the Nuisance Abatement Board shall assess against the owner of the place or premises the costs which the County, its attorney and/or the Sheriff's Office have incurred in the preparation, investigation and presentation of the case. These costs shall be due and payable 20 days after the written order of the Nuisance Abatement Board has been filed in the public records. A certified copy of an order imposing costs may be recorded in the official records and thereafter shall constitute a lien against the land on which the violation exists or, if the violator does not own the land, upon any other real or personal property 12 Agenda Item No. 17D September 27, 2005 Page 16 of 18 owned by the violator. Upon petition to the Circuit Court, said order/lien may be enforced in the same manner as a court judgment except for enforcement purposes. After (1) year from the filing of any such lien, which remains unpaid, Collier County may foreclose or otherwise execute on the lien with recovery of all costs, including reasonable attorney fees, associated with the recording of the order and foreclosure. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in Section 55.03, Florida Statutes, as said statute may be amended, or ' replaced or superseded from time to time. No lien created pursuant to the provisions of this Ordinance may be foreclosed on real property that is homestead under Article X, Section Four of the Florida Constitution. SECTION THIRTEEN: Rehearing of Enforcement Board Action. 1. Either the prosecutor or the violator may request a rehearing of the decision of an Enforcement Board. A request for rehearing shall be made in writing and shall be filed with the Secretary to the Enforcement Board within ten (10) days of the date of receipt of the Board's written order, but in no event more than 20 days from the date of mailing of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Enforcement Board. The written request for rehearing shall specify the precise reasons therefore. 2. The Enforcement Board shall make a determination whether to rehear the matter and its decision shall be made at a public meeting, reduced to writing, and mailed to the interested parties within 10 days after the date the decision is made. If the Enforcement Board determines it will grant a rehearing, it may: A. Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Enforcement Board to the specific reasons for which the rehearing was granted; or B. Modify or reverse its prior order, without receiving further evidence, providing j that the change is based on a finding that the prior decision of the Enforcement Board resulted from a ruling on a question of law which the Enforcement Board has been informed was an erroneous ruling. 3. The original order of the Enforcement Board shall be stayed and the time for taking an appeal, pursuant to Section Fourteen of this Ordinance, shall not commence to run until a request for rehearing has been denied or otherwise disposed of and the written decision has been received by the interested parties; provided, however, that in no event shall the order be stayed for a period longer than 20 days from the date of mailing of the rehearing decision. SECTION FOURTEEN: Appeals. 1. Any aggrieved party, including the Commission, may challenge a final administrative order of an Enforcement Board to the Circuit Court. Such challenge shall not be a hearing de novo but shall be limited to appellate review of the record created before the Enforcement Board. Any appeal shall be filed within thirty (30) days of the execution of the order to be appealed. 13 Agenda Item No. 17D September 27. 2005 Page 17 of 18 2. In the event that a party to the proceedings before an Enforcement Board should elect to appeal, a verbatim record of the proceedings may be required or may be desirable. It shall be the I sole responsibility of each party to the proceedings to ensure that a record is made which includes the testimony upon which an appeal may be taken. Neither Collier County nor any i Enforcement Board shall have any responsibility to provide a verbatim transcript of the i proceedings. SECTION FIFTEEN: Notices. 1. All notices required by this Ordinance shall be provided by certified mail, return re ceipt requested, or by hand delivery by the Code Enforcement Director, Sheriff or other law enforcement officer, code official, or other person designated by the Commission or by leaving the notice at the violator's usual place of residence with some person of his/her family over 15 years of age and informing such person of the contents of the notice. 2. In addition to providing notice as set forth in Subsection 1 of this Section, at the option of the Enforcement Board, notice may also be served by publication, as follows a. Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. i b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. C. In lieu of publication as described in Subsection (2)(a) of this Section, such notice may be posted for at least (10) days in at least two (2) locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the front door of the courthouse. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of posting. Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under section under Subsection 1 of this Section. 3. Evidence that an attempt has been made to hand deliver or mail notice as provided in Paragraph 1 of this Section, together with proof of publication or posting, shall be sufficient to show that the notice requirements of this Ordinance have been met, without regard to whether or not the violator actually received such notice. 4. Proper notice may be assumed when a notice of violation and/or hearing has been mailed I to the violator or his or her agent or other person in the household or business has accepted the notice, or where a Code Enforcement Investigator, under oath testifies that he/she did hand deliver the notice to the violator. SECTION SIXTEEN: Supplemental Provision. , It is the intent of this Ordinance to provide additional or supplemental means of obtaining i compliance with local codes and ordinances. Nothing contained under this Ordinance shall 14 Agenda Item No. 17D September 27. 2005 Page 18 of 18 prohibit the County from enforcing its codes by any appropriate civil action, or by referral to the State Attorney's Office for prosecution in the case of a criminal violation, and/or by presentation to any other County board or agency with jurisdiction to hear and act upon the alleged code or ordinance violation. SECTION SEVENTEEN: Repeal of Ordinance No. 92 -80, No. 96 -11, No. 96 -78, No. 98 -20, and No. 99 -26. Collier County Code Enforcement Board Ordinance No. 92 -80, No. 96 -78, No. 98 -20 and No. 99 -26 and Collier County Nuisance Abatement Board Ordinance No. 96 -11 are hereby repealed and superceded in their entirety by this Ordinance. SECTION EIGHTEEN: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINETEEN: 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 TWENTY: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2005, ATTEST: DWIGHT E BROCK, Clerk BY: Deputy Clerk Approved as to form and legal sufficiency: JenxWer A. &Ielpedi Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman 15 Agenda Item No. 17E September 27, 2005 Page 1 of 42 EXECUTIVE SUMMARY To obtain Board of County Commissioners Approval to repeal Ordinance 90 -30, as Amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance No. 05- OBJECTIVE: To repeal and replace the Ordinance regulating solid waste collection and disposal services within the unincorporated County. CONSIDERATION: Ordinance 90 -30, as Amended, Solid Waste Collection and Disposal, originated on April 30, 1990. This Ordinance was created to reduce littering in the unincorporated area of Collier County. Further, it provided the framework to levy an annual assessment against residential units within the defined benefit units (i.e., Service Districts) and regulated commercial rates for commercial service for the collection and disposal of solid waste reflecting the benefits of such services. Residential services included once a week solid waste collections, once a week recycling collections, and once a week bulky item/white goods collection. Residential solid waste collection was unlimited. As time progressed and technology advanced the Board of County Commissioners approved five (5) amendments and two (2) resolutions to Ordinance 90- 30. Board action reflected changing market conditions as well as the needs and desires of Collier County residents. Notable changes to the original ordinance are; 1) Billing on the non -ad valorem portion of the tax bill for 100% collection rate, 2) Separation of yard waste from the solid waste stream, and 3) Redefining the structure of buildings to be billed on the solid waste assessments rolls. Most recently, on February 8, 2005 (Agenda item 10A), the Board of County Commissioners approved new franchisee agreements with Waste Management Inc. of Florida (WMIF) and Immokalee Disposal Company, Inc. (IDC) for trash collections services in the unincorporated area of Collier County and the City of Marco Island. WMIF will provide collection services for Service District I and IDC will provide collection services for Service District II. The new franchisee agreements will provide significant benefits to the County in the following areas: • Better control of future prices; • Better performance standards; • Better enforcement; • Better control by the County; • Better termination provisions; • Better process for handling citizen complaints; • Better record keeping and reporting; • Better educational programs; • Better insurance protection; • Better transitions in service; • Better dispute resolution process; • Better commercial rates; and • Better provisions for future changes in the County's services. In consideration of the new franchisee agreements, advances in technology, and the changing needs and desires of Collier County residents a new ordinance depicting these changes is warranted. Agenda Item No. 17E September 27, 2005 Page 2 of 42 Staff has prepared a new ordinance to replace Ordinance 90 -30. This proposed ordinance has been drafted to include the following improvements: • Updated definitions to comport with the new franchise agreements (Section One); • Updated service district descriptions (Section Two); • Ability to issue a special assessment for all residential real property (Section Two); • Added provision for ownership of solid waste and program recyclables (Section Eighteen); • Updated the responsibilities of the contractor and customer for solid waste collection (Section Nineteen); • Updated provisions for termination of service by contractor (Section Twenty); • Updated exemption permits for commercial and residential property (Section Twenty One); • Updated procedure for obtaining and revoking exemption permits (Section Twenty One); and • Updated the severability provision - (Section Twenty Three). FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATION: The proposed Ordinance has been reviewed and approved for legal sufficiency. RECOMMENDATION: That the Board repeal Ordinance 90 -30, as Amended, and replace with Ordinance No. 05- PREPARED BY: Teresa A. Riesen, Revenue Manager, Utility Billing and Customer Service Department. Agenda Item No. 17E September 27, 2005 Page 3 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17E Item Summary: To obtain Board of County Commissioners Approval to repeal Ordinance 90 -30, as Amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance No. 05- Meeting Date: 9/2712005 9:00:00 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 9!612005 2:27 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/9/2005 10:54 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 9/1212005 12:47 PM Approved By Robert N. Zachary Assistant County Attorney Date - -- County Attorney County Attorney Office 9112/2005 2:16 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/13/2005 5:55 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9115/2005 7:42 AM Approved By Randy Greenwald Management /Budget Analyst Date County Manager's Office Office of Management & Budget 911612005 1:30 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/19/2005 5:45 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 912012005 1:20 PM Commissioners Agenda Item No. 17E September 27, 2005 Ordinance No. 2005- Page 4 of 42 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RE- ESTABLISHING TWO (2) MUNICIPAL SERVICE BENEFIT UNITS IN THE UNINCORPORATED AREA OF COLLIER COUNTY FOR THE PURPOSE OF PROVIDING AND REGULATING SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION WITHIN THE BENEFIT UNITS; PROVIDING DEFINITIONS; PROVIDING FOR CREATION, PURPOSE, AND DECLARATION OF BENEFIT; PROVIDING FOR A GOVERNING BODY; PROVIDING POWERS; PROVIDING FOR BUDGET ADOPTION; ESTABLISHING A TRUST FUND; PROVIDING FOR PRIMA FACIE EVIDENCE OF ACCUMULATION OF SOLID WASTE; PROVIDING FOR AN ANNUAL SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENT; PROVIDING FOR ANNUAL RATE RESOLUTION; PROVIDING FOR CERTIFICATION OF RATE RESOLUTION; PROVIDING FOR A SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL ASSESSMENT; PROVIDING FOR SCOPE OF SPECIAL ASSESSMENT, DELINQUENCY, AND LIENS; PROVIDING FOR PAYMENTS; PROVIDING FOR CORRECTION OF ERRORS AND OMISSIONS; PROVIDING FOR FAILURE TO INCLUDE RESIDENTIAL REAL PROPERTY ON ANNUAL SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENT ROLL; PROVIDING FOR ENFORCEMENT OF DELINQUENT ANNUAL GARBAGE AND SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENTS; PROVIDING FOR MANDATORY SOLID WASTE COLLECTION; PROVIDING FOR OWNERSHIP OF SOLID WASTE AND PROGRAM RECYCLABLES; PROVIDING FOR RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE COLLECTION; PROVIDING FOR TERMINATION OF SERVICE BY CONTRACTOR; PROVIDING FOR EXEMPTION PERMITS FOR COMMERCIAL AND RESIDENTIAL PROPERTY; ESTABLISHING PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS; PROVIDING FOR FINANCIAL HARDSHIP DEFERMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, INCLUDING ORDINANCE 90 -30; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR FILING WITH DEPARTMENT OF STATE AND AN EFFECTIVE DATE. Agenda Item No. 17E September 27, 2005 Page 5 of 42 WHEREAS, Article VIII, Section 1 of the Florida Constitution and Sections 125.01 and 125.66, Florida Statutes, grant to the Board of County Commissioners of Collier County, Florida, ( "Board ") all powers of local self - government to perform County functions and to render services for County purposes in a manner not inconsistent with general or special law, and such powers may be exercised by the enactment of County ordinances; and WHEREAS, the Board finds that there is an inordinate amount of littering of the public right -of -way of Collier County with solid waste generated within the County, resulting in the necessity for more stringent regulation of solid waste collection and disposal practices within the County; and WHEREAS, Sections 125.01(1) and 403.706, Florida Statutes, grant the Board the authority to regulate solid waste collection and disposal services within the County; and WHEREAS, Chapter 403, Florida Statutes, grants the Board the authority to implement a comprehensive recycling program in the County; and WHEREAS, the Board wishes to exercise its authority under Section 125.01(1), Florida Statutes, to create two (2) municipal service benefit units for the collection, disposal, and administration of solid waste generated in the unincorporated areas of the County and to finance such operations with funds derived from special assessments, service charges, and fees within such units, and WHEREAS, in Harris v. Wilson, 693 So. 2d 945 (Fla. 1997), the Florida Supreme Court upheld a local government's use of a special assessment on residential property to finance a solid waste disposal facility; and 2 Agenda Item No. 17E September 27, 2005 Page 6 of 42 WHEREAS, the Board has determined that it is necessary for the protection of the public health, safety and welfare of the residents of Collier County to provide for the financing of solid waste collection, disposal and administration services to residential and commercial properties within the unincorporated area of Collier County, and to provide such services by using private contractors in designated areas where the residential real property and commercial real property are located; and WHEREAS, it is necessary and desirable to provide for the levy of special assessments against residential real property within the benefit units, and to establish regulated commercial rates for commercial service, for the collection, disposal and administration of solid waste, based on the benefits provided by such services. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: DEFINITIONS. A. For the purposes of this Ordinance, the definitions contained in this Section 1 shall apply unless otherwise specifically stated. When not inconsistent to the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely discretionary. 1. Assessment Roll: The list that identifies all of the taxable real property in Collier County, as described in Section 8 of this Ordinance. 2. Benefit Unit: Each of the two (2) municipal service benefit units established hereunder. 9 Agenda Item No. 17E September 27, 2005 Page 7 of 42 3. Biomedical Waste: Any solid or liquid waste which may present a threat of infection to humans, including non - liquid tissue, body parts, blood, blood products, and body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease - causing agents; and discarded sharps. The following are also included: (a) used absorbent materials saturated with blood, blood products, body fluids, or excretions or secretions contaminated with visible blood; (b) absorbent materials saturated with blood or blood products that have dried; and (c) non - absorbent, disposable devices that have been contaminated with blood, or body fluids or secretions or excretions visibly contaminated with blood, if the devices have not been treated by an approved method. 4. Biological Waste: Those wastes that cause or have the capability of causing disease or infection including, but not limited to, Biomedical Waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. This term does not include human remains that are disposed of by Persons licensed under Chapter 470, Florida Statutes. 5. Board: The Board of County Commissioners of Collier County, Florida, or the Board's designee. 6. Bulk Waste: Any large discarded household item that cannot be placed in a Curbside Container because of its size, volume, shape or weight. Bulk Waste includes, but is not limited to, sofas, tables, sinks, toilets, other fixtures, furniture, ladders, and carpet. Bulk Waste does not include White Goods, Electronic Equipment, or Extraordinary Waste. F1 Agenda Item No. 17E September 27, 2005 Pa e 8 of 42 7. Certificate of Occupancy: A document issued by the County certifying that a newly constructed building has been constructed in compliance with County specifications and is suitable for use. 8. Clerk: The Clerk of the Circuit Court of Collier County, Florida, acting as the Clerk of the Board, or the Clerk's designee. 9. Commercial Container: A dumpster, roll -off container, compactor, or other container, except a Roll Cart, that is approved by the Manager for the collection of Solid Waste or Recyclable Materials from commercial Customers. 10. Commercial Real Property: Real property that is located in a Benefit Unit and not classified as Residential Real Property. Commercial Real Property includes property used primarily for: (a) commercial purposes, such as hotels, motels, stores, restaurants, theaters, service stations, and recreational vehicle parks; (b) institutional purposes, such as governmental offices, churches, hospitals, and schools; and (c) not - for - profit organizations. Commercial Real Property shall not include commercially zoned property that is used primarily for residential purposes. Vacant land, not classified as Improved Real Property, shall be deemed Commercial Real Property. 11. Construction and Demolition (C &D) Debris: Discarded materials generally considered to be not water soluble and non - hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, resulting from the construction, destruction, or renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project. 12. Contractor: The Person(s) authorized by the County to collect and transport Solid Waste in a Service District pursuant to a Service Agreement. 5 Agenda Item No. 17E September 27, 2005 Page 9 of 42 13. Curbside: A location within three (3) feet of the curb, pavement, or edge of the nearest street. If this location is in a drainage ditch, Curbside shall mean a location adjacent to the Customer's driveway, as close as possible to the nearest roadway. 14. Curbside Container: (a) a metal or plastic container with a tight fitting lid, with two handles on the sides, with or without wheels, used for the collection of Garbage and Rubbish; (b) a Roll Cart; and (c) a plastic bag sufficient in strength for handling by the Contractor, provided the bag is closed and unbroken at the time of collection. 15. Customer: Any Person that uses a Contractor's services for the collection of Solid Waste, as provided by this Ordinance. 16. Department: The Collier County Solid Waste Management Department or the County department to which the Manager assigns the responsibility of administering this Ordinance. 17. Dwelling Unit: A room or rooms constituting a separate, independent establishment with cooking facilities/kitchen, a separate entrance, and bathroom facilities, and physically separated from any other rooms or Dwelling Units which may be in the same structure or in separate structures. A hotel or motel room is not a Dwelling Unit. 18. Electronic Equipment: Electronic devices that have been discarded, including, but not limited to, computers, monitors, televisions, cathode ray tubes, printers, scanners, fax machines, and telephones. 19. Exemption Permit: The County's authorization for a Person, other than a Contractor, to collect, transport and dispose of Solid Waste, as provided in Section 21 of this Ordinance. 20. Extraordinary Wastes: Wastes that require extraordinary management, including, but not limited to: abandoned automobiles; boats; tree trunks greater than four (4) feet 0 Agenda Item No. 17E September 27, 2005 Page 10 of 42 in length, four (4) inches in diameter and fifty (50) pounds in weight; dead animals; agricultural and industrial wastes; Biomedical Waste; Biological Waste; Radioactive Waste; and Hazardous Waste. 21. Garbage: All kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. 22. Hazardous Waste: Solid Waste, or a combination of Solid Wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. Hazardous Waste includes any material or substance identified as a Hazardous Waste or hazardous substance in the Florida Administrative Code, Florida Statutes, or other applicable law. 23. Holiday: Independence Day, Thanksgiving Day, Christmas Day, and any other day so designated by the Manager. 24. Improved Real Property: Any cleared, graded or drained real property upon which a building or structure is erected and occupied or capable of being occupied (i.e., a County Certificate of Occupancy has been issued) for residential, commercial, institutional or industrial use. Improved Real Property includes but is not limited to recreational vehicle parking lots contained within parks designated as mobile home parks by the County Health Department. 25. Land Cleariniz Debris: The uprooted trees, bushes, vegetation, and other abandoned materials resulting from a land clearing operation. 11 Agenda Item No. 17E September 27, 2005 Page 11 of 42 26. Manager: The County Manager of Collier County, Florida, or the Manager's designee. 27. Multi - Family Residence: A group of three or more Dwelling Units within a single building, attached side -by -side or one above another, wherein each Dwelling Unit is individually owned or leased on land which is under common or single ownership. 28. Non - Collection Notice: A durable tag or sticker used to notify a Customer that the Customer's container or waste material has not been set out in compliance with the requirements of this Ordinance. 29. Non - Conforming Material: Any material that is set out for collection in a recycling container, but is not Recyclable Material. 30. Non - Program Recvclables: Recyclable Materials that are not Program Recyclables, but are segregated from other materials in the waste stream. 31. Person: Any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; any county or municipality; and any governmental agency of any state or the federal government. 32. Program Recvclables: Recyclable Materials that have been designated by the Board for collection from residential and /or commercial Customers, and are segregated from other materials in the waste stream. 33. Radioactive Waste: Any equipment or materials that are radioactive or have radioactive contamination, and are required by law to be stored, treated, or disposed of as radioactive waste. Agenda Item No. 17E September 27, 2005 Page 12 of 42 34. Rate Resolution: A resolution adopted by the Board under the provisions of Section 9 of this Ordinance and Collier County Ordinance No. 84 -31, establishing: (a) the annual Special Assessments to be imposed upon the owners of Residential Real Property in the Benefit Units for the forthcoming fiscal year (October 1 through September 30 of the following year); (b) the rates, fees and charges for the collection of Solid Waste by the Contractor(s) from Commercial Real Property; and (c) the rates, fees and charges for the disposal of Solid Waste at the County - authorized Solid Waste management facilities. 35. Recovered Materials: Metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. Recovered Material does not include any material or substance that does not fit within one of the six categories described in this definition (metal, paper, glass, plastic, textile, or rubber). 36. Recyclable Materials: Materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. This term encompasses Program Recyclables and Non - Program Recyclables. 37. Recycling Bin: An eighteen (18) gallon green bin or similar container that is approved by the Manager and used for the collection of Program Recyclables. 38. Recycling Cart: A heavy -duty plastic container that is mounted on two wheels, complies with the specifications established by the Manager, and is used for the collection of Recyclable Materials. E Agenda Item No. 17E September 27, 2005 Pa e 13 of 42 39. Residential Real Property: Improved Real Property that is locate in a Benefit Unit and used for residential purposes, including, but not limited to: Dwelling Units; single family residences; duplex apartments; apartment buildings; recreational vehicle lots; mobile homes lots; condominium units; cooperatives established pursuant to Chapter 719, Florida Statutes; time -share apartments; leased residential premises of the classes described above, whether occupied or not; and premises occupied as a residence located in or upon commercially zoned real property; provided, however, that where property is used exclusively as a recreational vehicle park, as defined in Section 513.01(10), Florida Statutes, such property shall be deemed Commercial Real Property. 40. Roll Cart: A heavy -duty plastic container that is mounted on two wheels, complies with the specifications established by the Manager, and is used for the collection of Garbage and Rubbish. 41. Rubbish: Waste materials, other than Garbage, resulting from normal housekeeping activities on Residential Real Property and Commercial Real Property. Rubbish includes but is not limited to discarded trash, paper, plastic, bottles, cans and similar materials. 42. Service Agreement: An agreement between the County and a Contractor providing an exclusive franchise for the collection of Solid Waste in a Service District. 43. Service District: The area served by a Contractor pursuant to a Service Agreement. 44. Service Year: Twelve (12) consecutive months, beginning on October 1 and ending on September 30 of the following year. 45. Sludge: The accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, 10 Agenda Item No. 17E September 27, 2005 Page 14 of 42 or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. 46. Solid Waste: Sludge unregulated under the federal Clean Water Act or Clean Air Act, Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or Garbage, Rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semi - solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid Waste includes but is not limited to Biological Waste, Biomedical Waste, Bulk Waste, C &D Debris, Electronic Equipment, Garbage, Hazardous Waste, Land Clearing Debris, Radioactive Waste, Recyclable Materials (until they are recycled), Rubbish, Special Waste, Tires, White Goods and Yard Trash. 47. Special Assessment: The non -ad valorem assessment that is levied upon certain real property in unincorporated Collier County and used to provide funding for the County's Solid Waste management program. 48. Special Assessment Roll: The list that is prepared pursuant to Section 10 of this Ordinance and identifies the properties in the Benefit Units that are subject to the Special Assessments. 49. Special Waste: Solid Waste that can require special handling and management, including, but not limited to, White Goods, Tires, used oil, lead -acid batteries, C &D Debris, ash residue, Yard Trash, Biological Waste, Hazardous Waste, and Biomedical Waste. 50. Tires: Discarded automotive tires, including rims, but excluding tires that exceed 25 inches in diameter. 11 Agenda Item No. 17E September 27, 2005 Page 15 of 42 51. Trust Fund: The Solid Waste Special Assessment Trust Fund established by Section 6 of this Ordinance. 52. White Goods: Large discarded appliances, including but not limited to, refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers, microwave ovens, and air conditioners. 53. Yard Trash: Vegetative matter resulting from landscaping maintenance, including, but not limited to shrub and tree trimmings, grass clippings, palm fronds, branches and stumps. However, such items shall not be considered Yard Trash if they are collected by a commercial landscape company or other Person that provides lawn and garden maintenance services for remuneration. B. Pursuant to Section 403.703 1, Florida Statutes, the definitions in this Section 1 are intended to be consistent with the definitions contained in Section 403.703, Florida Statutes. SECTION TWO: CREATION PURPOSE AND DECLARATION OF BENEFIT. By Ordinance No. 90 -30, the County established two (2) municipal service benefit units pursuant to the authority granted in Chapter 125, Florida Statutes. The Benefit Units are hereby re- established. The Benefit Units shall be known as Service District No. I, and Service District No. II, respectively. Each Benefit Unit shall consist of a specific portion of the unincorporated area of Collier County. The two Benefit Units are described more particularly as follows: MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. I Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee - Collier county line and the eastern shoreline of the Gulf of Mexico; thence easterly along said Lee - Collier county line to the northeast corner of Section 12, Township 48 South, Range 26 East; thence north along the east line of Range 26 East, Township 48 South to the northwest corner of Section 6, Township 48 South, Range 27 East, thence east along the north line of Sections 6, 5, 4, 3, 2 and 1 of Township 47 South, Range 27 East to the northwest corner of Section 1, Township 48 South, Range 27 East; thence north along the range line of Ranges 27 and 28 East to the northwest corner of Section 30, Township 47 South, Range 28 East, also known as the center line of 12 Agenda Item No. 17E September 27, 2005 Page 16 of 42 Immokalee Road (CR 846); thence east along the north section lines of Sections 30, 29, 28, 27, 26 and 25 of Township 47 South, Range 28 East to the northeast corner of Section 25, Township 47 South, Range 28 East; thence south along the range line for Ranges 28 and 29 East to the northeast corner of Township 49 South and Range 28 East; thence east along the township line for Townships 48 and 49 South to the northeast corner of Township 49 South and Range 30 East; thence south along the range line for Ranges 30 and 31 East to the northeast corner of Township 52 South and Range 30 East; thence east along the township line for Townships 51 and 52 South to the northeast corner of Township 52 South and Range 31 East; thence south along the range line for Ranges 31 and 32 East to the northeast corner of Township 53 South and Range 31 East; thence east along the township line of Townships 52 and 53 South to the northeast corner of Township 53 South and Range 34 East, also being known as the Collier- Miami- Dade county line; thence south along said county line to the southeast corner of Section 36, Township 53 South, Range 34 East, also being known as the Collier - Monroe county line; thence west along said county line to the eastern shoreline of the Gulf of Mexico; thence westerly and northerly along the waters of the Gulf of Mexico to the Lee - Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except all coastal barrier islands, as defined by Section 161.54(2), Florida Statutes, that are not accessible by bridges or causeways. MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. II Beginning at the northwest corner of Township 47 South, Range 27 East, Collier County, Florida; thence east along the Collier -Lee county line also the township line to the northeast corner of Township 47 South, Range 27 East; thence north along the Collier -Lee county line also the range line to the northwest corner of Township 46 South, Range 28 East; thence east along the Collier -Hendry county line also the township line for Townships 45 and 46 South to the northeast corner of Township 46 South, Range 30 East; thence south along the Collier- Hendry county line also the range line of Ranges 30 and 31 East to the southeast corner of Township 48 South, Range 30 East; thence west along the township line for Townships 48 and 49 South to the southwest corner of Township 48 South, Range 29 East; thence north along range line for Ranges 28 and 29 East to the southwest corner of Section 19, Township 47 South, Range 29 East; also being known as the center line of Immokalee Road (CR 846); thence west along the south line of Sections 24, 23, 22, 21, 20 and 19 of Township 47 South, Range 28 East to the southeast corner of Section 24, Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the southeast corner of Township 47 South, Range 27 East; thence west along the township line for Townships 47 and 48 South to the southwest corner of Township 47 South and Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest corner of Township 47 South, Range 27 East, being the Point of Beginning. 13 Agenda Item No. 17E September 27, 2005 Page 17 of 42 These two Benefit Units were created by Ordinance 90 -30 and are hereby re- established, subject to the revised legal descriptions provided above, for the purpose of (a) protecting the health, safety and welfare of the residents of the County and (b) providing for the collection, disposal and administration of Solid Waste through the levy of the Special Assessments against Residential Real Property. The Board finds that Commercial Real Property has varying needs for Solid Waste collection, disposal and administration services and, therefore, Commercial Real Property shall not be made the subject of the Special Assessments. However, in order to provide for the public health, safety and welfare within the Benefit Units, it is necessary to provide adequate Solid Waste collection, disposal and administration services to Commercial Real Property through the use of one or more Contractors. Accordingly, the Board shall provide for such Solid Waste services and shall annually regulate the rates, fees and charges assessed by the Contractor(s) for the services provided to Commercial Real Property. The Board hereby declares and determines that: (a) the Solid Waste collection, disposal and administration services provided pursuant to this Ordinance shall and do constitute a benefit to all properties within the Benefit Units equal to or in excess of the cost of providing such Solid Waste services; (b) the Residential Real Property in the Service Districts receives a special benefit from the Solid Waste services that are provided to the Residential Real Property as a result of the Special Assessments; and (c) the Special Assessments are fairly and reasonably apportioned among the parcels of Residential Real Property that receive the special benefit. SECTION THREE: GOVERNING BODY. The Board shall be the governing body of the Benefit Units created by this Ordinance. 14 SECTION FOUR: POWERS. Agenda Item No. 17E September 27, 2005 Page 18 of 42 The Board shall have all of the powers granted by general or special law for providing Solid Waste collection, disposal and administration services, including, without limiting the generality of the foregoing, the following: A. To sue and be sued and plead and be impleaded, complain and defend in all courts in its own name. B. To acquire for the purposes of the Benefit Unit(s), by grant, purchase, gift, devise, exchange or in any other lawful manner, all property, real or personal, or any estate or interest therein, upon such terms and conditions as the Board shall determine, and to own all such property in its own name. C. To make contractual arrangements with any public, private or municipal firm, Person or corporation, for the furnishing of Solid Waste collection, disposal and administration services within the Benefit Units or for any matter proper for the effectuation of the purposes of the Benefit Units. D. To make and adopt resolutions, rules and regulations governing the collection, disposal and administration of Solid Waste and Recyclable Materials within the Benefit Units for the purpose of providing the most economical means of Solid Waste collection, disposal and administration, and for the purpose of protecting the health, welfare and safety of the residents of the Benefit Units. E. To borrow and expend money and issue bonds and revenue certificates and other obligations of indebtedness in such manner and subject to such limitations as may be provided by law. F. To levy and collect the Special Assessments within the Benefit Units. G. To determine rates and collect service charges and fees within the Benefit Units. 15 Agenda Item No. 17E September 27, 2005 Page 19 of 42 SECTION FIVE: BUDGET ADOPTION. The fiscal year of the Benefit Units shall commence on October 1 of each year and end on September 30 of the following year. Annually, the Board shall consider, amend and adopt a budget for each Benefit Unit as County budgets are considered and adopted. SECTION SIX: TRUST FUND. There is hereby established a Solid Waste Special Assessment Trust Fund, which will be divided into two (2) financial accounts, one (1) for each Benefit Unit. All Special Assessments and service charges and fees collected pursuant to this Ordinance for Solid Waste collection, disposal and administration services hereunder shall be deposited into the applicable financial account. The funds in each financial account in the Trust Fund are funds of the Board and will be part of the Board's annual budget. The funds on deposit in each financial account shall be used for no purposes other than Solid Waste collection, disposal and administration for each corresponding Benefit Unit and related costs incidental thereto, including, but not limited to, enforcement costs. SECTION SEVEN: PRIMA FACIE EVIDENCE OF ACCUMULATION OF SOLID WASTE. The fact that any Residential Real Property or Commercial Real Property within a Benefit Unit is capable of being occupied or has been issued a Certificate of Occupancy by the County shall be prima facie evidence that Solid Waste is being generated or accumulated upon such Residential Real Property or Commercial Real Property. SECTION EIGHT: ANNUAL SOLID WASTE COLLECTION DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENT. There is hereby imposed on all Residential Real Property within the Benefit Units an annual Special Assessment for the collection, disposal and administration of Solid Waste. The amount of the Special Assessment for Solid Waste collection, disposal and administration shall 16 Agenda Item No. 17E September 27, 2005 Page 20 of 42 be the rate established in compliance with the procedure provided herein. Subsequent to the certification of the Assessment Roll, pursuant to Chapter 197, Florida Statutes, by the Property Appraiser, the Clerk, or the designee of the Board, the Board and the Tax Collector or other Board designee shall obtain a copy of the certified Assessment Roll from the Property Appraiser or the Clerk for all taxable properties in Collier County, as reflected in the records of the Property Appraiser. Thereafter, the Board shall cause to be prepared an independent file or roll which identifies those properties in the Benefit Units that are subject to the Special Assessment. The independent file or roll shall contain sufficient detail to permit ready identification of such Residential Real Property, consistent with the data contained on the Assessment Roll. The annual Special Assessment may be imposed and collected as a non -ad valorem assessment pursuant to the procedure set forth in Section 197.3632, Florida Statutes. SECTION NINE: ANNUAL RATE RESOLUTION. On or before the first day of October, prior to each Service Year, or as soon thereafter as the Assessment Roll may be available or independent file or roll is completed and the amount of revenue necessary to fund the collection, disposal and administration of Solid Waste within the Benefit Units has been determined, the Board shall hold a public hearing to adopt a Rate Resolution in accordance with the provisions of this Ordinance and Collier County Ordinance No. 84 -31, incorporating a schedule of the annual Special Assessments to be imposed upon the owners of all Residential Real Property in the Benefit Units. The annual Rate Resolution shall also establish rates, fees and charges for the services provided by the Contractor(s) to commercial Customers, as well as rates, fees and charges for disposal of Solid Waste at County facilities. The schedule for the Special Assessments shall provide sufficient revenues to fund the collection, disposal and administration of Solid Waste within the Benefit Units. 17 Agenda Item No. 17E September 27, 2005 Page 21 of 42 If the Board elects to use the non -ad valorem method of collecting the Special Assessments as part of the ad valorem tax bills, the procedures set forth in Section 197.3632, Florida Statutes, shall be followed for the adoption of rates, fees and charges. SECTION TEN: CERTIFICATION OF RATE RESOLUTION. Upon adoption by the Board of the Rate Resolution provided for in Section 9 of this Ordinance and County Ordinance No. 84 -31, the Clerk shall forthwith deliver a certified copy of the Rate Resolution to the Tax Collector or other Board designee who will be responsible for collecting the Special Assessment. Based upon the Rate Resolution, the Tax Collector or other Board designee shall cause to be prepared an annual Special Assessment Roll. The Special Assessment Roll shall contain a description of those properties which are subject to the Special Assessment, the name and address of the owner of each parcel of Residential Real Property, and the amount of the Special Assessment applicable to each parcel of Residential Real Property. The description of each parcel of Residential Real Property shall be in sufficient detail as to permit ready identification of each parcel of Residential Real Property on the Assessment Roll. SECTION ELEVEN: SOLID WASTE COLLECTION DISPOSAL AND ADMINISTRATION SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL ASSESSMENT. A Solid Waste collection, disposal and administration service charge shall be imposed against each owner of Residential Real Property at the time a Certificate of Occupancy is issued by the County. Until an annual Special Assessment is levied against such Residential Real Property in accordance with the procedures delineated herein, the amount of the service charge shall be a prorated share of the annual Special Assessment. The charge shall be paid at the time of issuance of a Certificate of Occupancy, and transferred into the Trust Fund. Agenda Item No. 17E September 27, 2005 Page 22 of 42 SECTION TWELVE: SCOPE OF SPECIAL ASSESSMENT; DELINQUENCY: AND LIENS. The Special Assessment shall be imposed against the owners of all Residential Real Property in the Benefit Units. Delinquencies in Special Assessment payments, liens, and collections thereof shall be administered and enforced in accordance with one of the following procedures: A. In accordance with Chapter 197, Florida Statutes, and particularly Section 197.3632, Florida Statutes, providing for the imposition and collection of the Special Assessments as a non -ad valorem assessment on the property tax bills; or, in the alternative, B. Pursuant to the authority of Chapter 173, Florida Statues, in accordance with the following procedures: The name of the owner and a description of each parcel of Residential Real Property shall be that designated on the Assessment Roll maintained by the Property Appraiser of Collier County even though the Property Appraiser's Assessment Roll may not be current with regards to ownership, and from the Certificates of Occupancy issued by the County for those parcels of Residential Real Property that are not described on the Assessment Roll. Except when the non -ad valorem method of collection is used pursuant to Section 197.3632, Florida Statutes, the Special Assessment shall be due by October 1 of the Service Year and shall be payable by a full lump sum payment within thirty (30) days of an original or corrective billing for such Service Year for which payment is required. All delinquent Special Assessments billed and collected by the Tax Collector or other Board designee shall bear interest at the rate of twelve percent (12 %) per annum. All Special Assessments imposed upon the owners of Residential Real Property under the provisions of this Ordinance, becoming due and payable on or after November 1, 1990 for the 1991 Service Year or October 1 for all Service Years thereafter or thirty (30) days after an original or corrective 19 Agenda Item No. 17E September 27, 2005 Page 23 of 42 billing for such Service Year was mailed to the owner of any Residential Real Property that was not billed prior to commencement of such Service Year shall constitute and are hereby imposed as liens against such Residential Real Property as of the date the Special Assessment becomes delinquent. Said Special Assessments shall remain liens equal in rank and dignity with the lien of the County for ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the Residential Real Property involved. If any Special Assessment lien becomes delinquent, the Board, upon receipt of the list of outstanding and delinquent Special Assessments from the Tax Collector or other Board designee under the provisions of Section 13 of this Ordinance, shall, by resolution, record a notice of delinquent liens containing the amount of the delinquent Special Assessment including all interest provided herein, a legal description of the Residential Real Property against which the lien is imposed and the name of the owner of such Residential Real Property as indicated on the Assessment Roll maintained by the Property Appraiser of Collier County, even though the Property Appraiser's Assessment Roll may not be current with regard to ownership. The notice of delinquent lien shall be recorded in the Public Records of Collier County, Florida, by the Board. Further, notice of the imposition of the lien on Residential Real Property pursuant to the Board's resolution shall be mailed by the Clerk or the Board's designee to each owner of such Residential Real Property at the owner's last known address. The notice shall contain the same information required in the resolution described herein imposing the lien. Upon payment by or on behalf of the owner and receipt of the list for paid or discharged lien or liens from the Clerk or the Board's designee, the Board shall adopt a resolution indicating satisfaction of the lien or liens, which shall be recorded in the Public Records of Collier County, Florida, by the Board. Further, a notice of satisfaction of the lien or liens pursuant to the Board's resolution shall be mailed by the Clerk or the Board's designee to each owner of such Residential Real Property at 20 Agenda Item No. 17E September 27, 2005 Page 24 of 42 the owner's last known address. The notice shall contain the same information required in the resolution described herein satisfying the lien; or, in the alternative, C. In accordance with the provisions of any other law applicable to the administration and enforcement of delinquent special assessment payments, or liens and the collection thereof. D. The owners of record of the Residential Real Property identified in Collier County Resolution No. 93 -357 never received the 1991 special assessment bill or a reminder or a demand letter therefore, and said Residential Real Property had a lien imposed thereon pursuant to County Resolution No. 93 -29, which was adopted by the Board on January 26, 1993. Notwithstanding any provision in this Ordinance to the contrary, the owners of such property shall be afforded the following remedy and procedure: 1. All interest accrued for each such parcel of Residential Real Property from the due date of payment of such 1991 Special Assessment through September 1, 1993 shall be accounted for and paid from the appropriate County fund, thereby reducing the outstanding (delinquent) interest due on such Residential Real Property accounts to zero as of September 1, 1993. The Department is authorized and shall effectuate a refund of interest paid to those owners of those parcels of Residential Real Property referenced in County Resolution 93 -357 who have paid the then outstanding principal (special assessment amount) and interest subsequent to the lien being imposed pursuant to County Resolution No. 93 -29 and prior to September 1, 1993. 2. On or before September 1, 1993, the Department sent by regular U.S. mail corrective invoices to the owners of record for those parcels of Residential Real Property identified in Resolution No. 93 -357, such invoices providing billing for payment of the 1991 Service Year Special Assessment without 21 Agenda Item No. 17E September 27, 2005 Page 25 of 42 interest, if paid on or before September 20, 1993. If payment was not made for such Residential Real Property by September 30, 1993, then interest on such unpaid invoice shall accrue at the rate of twelve percent (12 %) per annum commencing October 1, 1993. 3. Full payment of the 1991 Service Year special assessment, as stated on the corrective invoice referenced in subparagraph 1 above, prior to October 1, 1993, shall result in the Residential Real Property account being considered paid in full, and a resolution indicating satisfaction of the lien created by County Resolution No. 93 -29 shall be adopted by the Board and recorded in the Public Records of Collier County, Florida. SECTION THIRTEEN: PAYMENTS. Billing, receiving and accounting for the payment of the Special Assessment shall be the responsibility of (a) the Tax Collector of Collier County pursuant to the provisions of Chapter 197, Florida Statutes, and the agreement between the Board, the Tax Collector and the Property Appraiser, and other applicable provisions of law, or (b) the Board's other designee(s). SECTION FOURTEEN: CORRECTION OF ERRORS AND OMISSIONS. No act or error of omission or commission on the part of the Property Appraiser, Tax Collector, Board, Clerk, or their deputies or employees, or other Board designee(s) shall operate to defeat the duty to pay the Special Assessment imposed by the Board under the provisions of this Ordinance. For the 1991 Service Year and all service years thereafter, the Manager shall be and is hereby authorized to confirm and correct invoice/billing errors and omissions caused on the part of the County materially affecting Residential Real Property Special Assessment payment requirements as otherwise provided in this Ordinance, by accounting for and paying from the 22 Agenda Item No. 17E September 27, 2005 Page 26 of 42 appropriate County fund the interest erroneously applied to the Residential Real Property affected by the error or omission. SECTION FIFTEEN: FAILURE TO INCLUDE RESIDENTIAL REAL PROPERTY ON ANNUAL SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENT ROLL. If it appears that the Special Assessment might have been imposed under this Ordinance against any Residential Real Property, but such Residential Real Property was omitted from the appropriate Special Assessment Roll, the Board may, by resolution, impose the applicable Special Assessment for the Service Year in which the error is discovered, plus the applicable Special Assessment for the prior two (2) Service Years, if the Residential Real Property was subject to the Special Assessment for each of the prior two (2) Service Years. The total Special Assessment shall become delinquent if not fully paid upon the expiration of sixty (60) days from the effective date of the Board's resolution, and upon becoming delinquent shall be subject to an interest rate of twelve percent (12 %) per annum. Further, the total amount of the delinquent Special Assessment shall constitute, and is hereby imposed, as a lien against such Residential Real Property, and shall be treated the same as other Special Assessments. SECTION SIXTEEN: ENFORCEMENT OF DELINQUENT ANNUAL GARBAGE AND SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENTS. All delinquent Special Assessment liens may be enforced at any time by the Board subsequent to the date the Special Assessment or service charge becomes delinquent, except as otherwise provided herein, in the amount due under the liens or any recorded liens, including all interest, plus costs and a reasonable attorney's fee, by proceeding in the appropriate court to foreclose such liens in the manner in which a mortgage lien is foreclosed under Florida law or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or the collection of payment thereof may be accomplished by any 23 Agenda Item No. 17E September 27, 2005 Page 27 of 42 other method authorized by law. It shall be lawful to join in any complaint for foreclosure or any such legal proceedings, any lots or parcels of land that are the subject of a lien or liens. The Clerk or the Board's designee is authorized and directed to execute and deliver, upon request, a written certification certifying the amount due for delinquent assessments or unrecorded liens for any parcel of Residential Real Property. In the alternative, the Clerk or the Board's designee shall certify that no such Special Assessments are due, except current and non - delinquent Special Assessments. The certificates shall be binding upon the County. SECTION SEVENTEEN: MANDATORY SOLID WASTE COLLECTION. Unless exempt from the provisions of this Ordinance or burned under a valid permit, all Solid Waste generated and accumulated by a Person on Residential Real Property or Commercial Real Property within a Benefit Unit shall be collected, conveyed, and transported to an approved County facility by the designated Contractor. Each Person that owns or occupies Residential Real Property or Commercial Real Property in the Service District shall be serviced by the Contractor, except as provided in Section 21 of this Ordinance. The owner(s) of Commercial Real Property shall provide a copy of their service contract with a Contractor, or an Exemption Permit issued pursuant to the provisions of Section 21 of this Ordinance, for such property to obtain a Certificate of Occupancy from the County Community Development and Environmental Service Department for such property. Inadvertent or mistaken issuance of a Certificate of Occupancy shall not relieve any Person from compliance with these provisions. SECTION EIGHTEEN: OWNERSHIP OF SOLID WASTE AND PROGRAM RECYCLABLES. From the time that Solid Waste and Program Recyclables are placed at the Curbside or w other authorized location for collection by the County or the Contractor, such materials shall be 24 Agenda Item No. 17E September 27, 2005 Page 28 of 42 the sole property of the County. No Person shall have the right to take, keep, process, alter, remove or otherwise sell or dispose of such materials, without the prior written approval of the Manager. SECTION NINETEEN: RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE COLLECTION. The Contractor shall collect Solid Waste from Residential Real Property and Commercial Real Property, and Customers shall set out their Solid Waste for collection by the Contractor, as follows: A. All collection services provided by the Contractor under the terms of this Ordinance shall be performed in a professional manner in compliance with the Service Agreement and all applicable local, state and federal laws. Any litter or spillage caused by the Contractor shall be removed immediately by the Contractor. B. Collection service shall be provided by the Contractor on Monday through Saturday, except Holidays. The Contractor shall not be required to provide collection service on Holidays or during a local emergency, as declared by the Board. Should a Holiday occur on the date designated as a Customer's collection day, the collection for that Customer shall take place no later than the next regular collection day for the Customer. C. Residential Real Property: 1. Except as otherwise provided herein or in the Service Agreement, the Contractor shall collect, remove and dispose of the Solid Waste set out for collection by residential Customers. At a minimum, Residential Real Property in the Benefit Units shall be provided collection service at Curbside for the following materials, subject to the provisions of the Service Agreement: (a) Garbage and Rubbish; (b) Yard Trash; (c) Program Recyclables; (d) Bulk Waste; (e) White Goods; (f) Tires; and (g) Electronic Equipment. 25 Agenda Item No. 17E September 27, 2005 Page 29 of 42 2. Except as otherwise provided herein, residential Customers shall use Curbside Containers for the collection of Garbage, Rubbish, and Yard Trash. Residential Customers may use heavy -duty plastic bags for excess Garbage or Rubbish. 3. Curbside Containers are subject to the Manager's approval and shall: (a) be constructed so as to prevent intrusion by water and animals, and the expulsion of their contents; (b) have a cover that is free from sharp edges; and (c) not have inside structures that prevent the free discharge of the container's contents. Curbside Containers, except Roll Carts, shall not exceed thirty -two (32) gallons in capacity or fifty (50) pounds in weight when filled. 4. Program Recyclables shall be set out for collection in a Recycling Cart or Recycling Bin. Cardboard placed in a Recycling Cart or Recycling Bin shall be flattened and, if necessary, cut to a maximum size of 3 ft. x 3 ft. Cardboard may also be stacked and placed outside the Recycling Cart or Recycling Bin. 5. Discarded materials from small household repairs, renovations or projects shall be placed in a Roll Cart. No other C &D Debris shall be placed at the Curbside. C &D Debris generated on Residential Real Property by a licensed builder or contractor shall be removed by the builder or contractor. 6. Curbside Containers, Recycling Carts, Recycling Bins, and any non- containerized waste appropriate for Curbside collection shall be placed at the Curbside prior to 6:00 a.m. on the scheduled collection day. However, these containers and materials shall not be placed at Curbside more than twenty -four (24) hours prior to the Customer's next regularly scheduled collection day. Such containers and materials shall be placed at least four (4) feet from mailboxes or other obstacles. The Customer shall remove from the Curbside all Curbside Containers, Recycling Carts and Recycling Bins within twenty -four (24) hours after the Customer's Solid Waste has been collected. 26 Agenda Item No. 17E September 27; 2005 Page 30 of 42 7. A residential Customer shall not set out for collection more than four (4) Tires and two (2) lead acid batteries per month. 8. A residential Customer shall contact the Manager at least forty-eight (48) hours before the Customer's regularly scheduled collection day if the Customer wishes to receive Curbside collection of Bulk Waste, White Goods, Electronic Equipment, Tires, or lead acid batteries. 9. Garbage and similar putrescible waste shall not be collected, stored, or set out in an open, uncovered Collection Container. 10. Solid Waste and Yard Trash shall not be placed in the same Curbside Container. 11. Yard Trash shall not be placed in Roll Carts. Yard Trash placed in other types of Curbside Containers shall not exceed four (4) feet in length or fifty (50) pounds in weight, and shall not extend more than twelve (12) inches over the top of the Curbside Container. Yard Trash shall not be set out for collection in plastic bags. Yard Trash may be set out for collection in paper bags. 12. Yard Trash that is not placed in a Curbside Container shall be bundled and securely tied with a cord or other material strong enough to support the weight of the bundle. Non - containerized Yard Trash shall not exceed fifty (50) pounds in weight, four (4) feet in length, or four (4) inches in diameter. The foregoing restrictions also shall apply to other types of non - containerized Solid Waste, except Bulk Waste and Extraordinary Waste. 13. Customers shall not overfill Roll Carts, Recycling Carts, or Commercial Containers such that lids cannot be securely closed. 14. The Contractor shall provide for the collection of Bulk Waste, White Goods, and Electronic Equipment, subject to the provisions of this Ordinance and the Service 27 Agenda Item No. 17E September 27, 2005 Page 31 of 42 Agreement. Such materials shall be placed at Curbside and shall not include vehicles, vehicle component parts, boats or boat trailers or their component parts, or liquid waste. Further, Bulk Waste shall be disassembled, if possible, prior to pickup by the Contractor. Prior to placement at the Curbside, doors on White Goods shall be taken off the discarded units to prevent the entrapment of children. 15. Owners of Residential Real Property may negotiate separate arrangements with the Contractor for services additional to those established herein and in the Service Agreement. The County shall not be responsible for the administration of or payment for any such arrangements. D. Ingress and Egress to Residential Real Property: Subject to the conditions contained herein, ingress and egress to Residential Real Property on private roads must be provided by the affected property owners for the Contractor. Ingress and egress includes but is not limited to maintaining suitable conditions and widths on the roads, providing adequate room for vehicles to turn around, and managing overhanging tree limbs. If part or all of a private road is inaccessible by the Contractor, the County shall investigate and provide suggestions to the appropriate Home Owner's Association (HOA) or property owners if there is no HOA. If the HOA or affected property owners do not agree to provide access for the Contractor, the Customer's Curbside Containers shall be placed on the closest public right -of -way that is accessible to the authorized Contractor, at a location designated by the Manager that will not obstruct motor vehicle traffic, pedestrian passage, or stormwater drainage. E. Commercial Real Property: 1. Except as authorized by Section 403.7046, Florida Statutes, the provisions of this Ordinance do not apply to the collection of Recovered Materials that are generated on Commercial Real Property. Agenda Item No. 17E September 27, 2005 Page 32 of 42 2. Except as otherwise provided herein, owners of Commercial Real Property shall enter into a contract with a Contractor and shall pay the County's approved rates for the collection of those types of Solid Waste that are subject to the Contractor's exclusive franchise. 3. The minimum collection frequency for Commercial Real Property shall be one time per week, with collection not more than seven (7) calendar days apart, except for Holidays. The minimum collection frequency for restaurants, grocery stores and other facilities that generate significant quantities of Garbage and other types of putrescible waste shall be twice per week. 4. Collection service for Commercial Real Property shall be provided with a Commercial Container; however, a commercial Customer that generates one (1) cubic yard or less per week of Solid Waste may use Curbside Containers. F. Multi - Family Collection Service: 1. Customers occupying Multi- Family Residences shall receive residential collection service or commercial collection service. A Customer occupying a Multi- Family Residence shall receive residential collection service if the Customer pays the County's Special Assessment or receives the Manager's approval for such service. All other Customers occupying Multi - Family Residences shall receive commercial collection service. 2. A Customer occupying a Multi - Family Residence and receiving residential collection service shall receive the same level of service, and shall be subject to the same rates and requirements, as any other Customer receiving residential collection service. 3. A Customer occupying a Multi- Family Residence and receiving commercial collection service shall receive the same level of service, and shall be subject to the same rates and requirements, as any other Customer receiving commercial collection service. 29 Agenda Item No. 17E September 27, 2005 Page 33 of 42 4. Each Customer occupying a Multi - Family Residence shall receive collection service for Recyclable Materials, unless the site development plan for such Multi- Family Residence provides for commercial collection service. G. Non - Collection Procedures: 1. The Contractor is not required to collect Solid Waste, Program Recyclables, or other materials unless such materials have been set out for collection by a Customer in accordance with the provisions of this Ordinance and the Service Agreement. If such materials are not collected, the Contractor shall immediately place a Non - Collection Notice on the container or Non - Conforming Material. If the Contractor does not place a Non - Collection Notice on the container or Non - Conforming Material, the Manager may require the Contractor to return promptly and collect the materials. 2. The Contractor may leave Non - Conforming Material, Non - Program Recyclables, and excessively contaminated recyclables in the Customer's Recycling Cart or Recycling Bin. If the Contractor does, the Contractor shall immediately place a Non - Collection Notice explaining why the material was not collected. 3. In the event a Commercial Container is overfilled and cannot be safely dumped, the Contractor shall immediately place a Non - Collection Notice on the Commercial Container, notify the Customer, and reschedule service. 4. The Contractor shall refuse to collect Solid Waste from a Customer if the Contractor believes that the Solid Waste contains Hazardous, Radioactive, Biological or Biomedical Waste. If the Contractor believes a Customer is depositing such waste for collection, the Contractor shall place a Non - Collection Notice on the container, take photographs of the improper waste (if possible), and immediately notify the Manager. If the generator of such waste is unknown, the Contractor shall work with the Manager to identify the generator of such waste. 9I17 Agenda Item No. 17E September 27, 2005 SECTION TWENTY: TERMINATION OF SERVICE BY CONTRACTOR. Page 34 of 42 A. Residential Real Property: The Contractor may not terminate service to any Residential Real Property that is subject to and not exempted from the Special Assessment. B. Commercial Real Property: The Contractor may terminate collection service when a commercial Customer fails to pay for service and the following procedure has been followed: 1. When a commercial Customer's payment is thirty (30) days past due, the Contractor may mail to such Commercial Customer a notice of intent to terminate service in ten (10) days. 2. If the commercial Customer desires to dispute the bill, the Customer shall notify the Manager in writing within the ten (10) day period. Upon receipt of the Customer's notice, the Manager shall resolve the dispute. 3. If the balance remains unpaid after the ten (10) day period provided above, or ten (10) days following issuance of a written finding by the Manager, the Contractor may discontinue collection service to the Customer. The Contractor shall notify the Manager within one (1) day after service is terminated. 4. Upon being notified, the County shall take whatever action it deems appropriate to enforce compliance with the provisions of the County's Ordinances, including, but not limited to issuance of a citation. C. In the event service is terminated, the Contractor is authorized to remove from the Customer's premises any Commercial Containers or other equipment belonging to the Contractor. 31 Agenda Item No. 17E September 27, 2005 Page 35 of 42 D. The Contractor is authorized to charge interest on delinquent accounts with commercial Customers, based on the highest rate authorized by law, and to charge a fee for resumption of service. SECTION TWENTY -ONE: EXEMPTION PERMITS FOR COMMERCIAL AND RESIDENTIAL PROPERTY, PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS. A. Commercial Real Property: Any owner or occupier of Commercial Real Property desiring to remove Solid Waste generated on its own premises may make application to the Manager for an Exemption Permit to remove and convey the Solid Waste to designated County facilities. Such application shall be on a form as prescribed by the Manager. Applications shall be accompanied by a filing fee in an amount determined by resolution of the Board. The application shall, in addition to other items which may be specified by the Manager, contain at least the following information: 1. Name of applicant. 2. Telephone number of applicant. 3. Facsimile number of applicant. 4. Description of activity generating the Solid Waste. 5. Description of the type of Solid Waste generated and address of premises where such Solid Waste is generated. 6. The proposed County landfill site where the Solid Waste will be disposed. 7. The vehicle(s) and personnel that will be utilized to transport such Solid Waste. 8. Address where vehicle(s) is parked and can be inspected. 9. A copy of the registration of the vehicle(s). 10. Proof of insurance for the vehicle(s). 32 Agenda Item No. 17E September 27, 2005 Page 36 of 42 11. Information sufficient to establish that the equipment to be used is constructed or equipped in a manner such that no leakage, spillage or loss of any fraction of the load can occur. 12. A copy of the applicant's occupational license. Upon determining that the activity for which the Exemption Permit is sought complies with the terms of the Ordinance, the Service Agreement, and all County, State and Federal laws and regulations, the Manager may grant an Exemption Permit. The Exemption Permit shall contain a certificate to be signed by the applicant, certifying that the applicant will comply with the provisions of this Ordinance. The Exemption _Permit shall specify the County facility(ies) to which the Solid Waste shall be conveyed and shall include any other conditions the Manager deems appropriate. All Solid Waste being transported pursuant to an Exemption Permit must be transported in a covered or enclosed vehicle or must be securely covered by a tarpaulin or other device that prevents the material from falling, blowing or otherwise escaping the vehicle. Vehicles used to transport Solid Waste pursuant to this Section 21 shall have properly functioning safety equipment, including, but not limited to, head lights, tail lights, hazard lights, windshields, windshield wipers, mirrors and horns. The Person receiving the Exemption Permit shall timely pay any amounts due and owing for the use of the County facility(ies) at which the Solid Waste is disposed. Failure to make timely payments to the County for disposal services may result in the revocation of the Exemption Permit. The Exemption Permit shall be effective for a period of six (6) months from the granting thereof and may be renewed by filing an updated application and following the procedures for the granting of the original Exemption Permit. 33 Agenda Item No. 17E September 27, 2005 Page 37 of 42 Upon receipt of notice of a violation of the terms of any Exemption Permit, including the application therefore, the Manager may revoke such Exemption Permit, after providing notice and a hearing. An appeal from any decision of the Manager denying or revoking an Exemption Permit may be taken to the Board. An appeal shall be initiated by filing with the Manager a petition stating the grounds for such appeal. The petition must be filed with the Manager within ten (10) days after the County mails notice of the permit denial or revocation by the Manager. B. Residential Real Property: Exemption Permits shall not be issued for Residential Real Property generally, but may be issued upon the following basis and criteria: 1. The Residential Real Property for which exemption from the Special Assessment is sought must: a. be essentially surrounded by Commercial Real Property; b. provide written confirmation that its Solid Waste shall be collected and disposed of by the owners of the adjacent Commercial Real Property; and C. be part of a condominium owners' or homeowners' association of record whose residential units are receiving commercial collection service with a Commercial Container, rather than the residential collection service described in Section 19 of this Ordinance. The owners of the affected Residential Real Property, if so electing through their respective condominium owners' or homeowners' association, shall file an exemption application identifying the Residential Real Property and providing other relevant information as required on the form provided by the Manager. An exemption granted pursuant to this provision shall mandate the subject Residential Real Property to obtain and receive 34 Agenda Item No. 17E September 27, 2005 Page 38 of 42 commercial service through its respective condominium owners' or homeowners' association, by contract with the Contractor for the appropriate commercial service, at the rate provided by the Contractor pursuant to this Ordinance and the Service Agreement. 2. The Contractor providing service in the affected Solid Waste District shall affirm in writing to the Manager that it is impractical or economically inefficient for the Contractor to provide residential collection service to the Residential Real Property for which exemption is sought. 3. Application for Exemption Permit shall be made in writing by the Residential Real Property owner, or on behalf of the Residential Real Property owners of such condominium owners' or homeowners' association by such condominium owners' or homeowners' association, and shall be submitted with an administrative processing fee in an amount determined by the Board. The application shall be submitted to the Manager within thirty (30) days of the mailing date of the Special Assessment bill. The Manager may request and shall be entitled to receive relevant documentation or confirmation of facts from the applicant and shall, in any event, render a written decision either granting or denying the exemption request within thirty (30) days of its submission. 4. An appeal from a decision of the Manager denying or revoking a residential Exemption Permit may be taken to the Board by the Residential Real Property owner so aggrieved by filing with the Manager a petition stating the grounds for the appeal. The petition must be filed with the Manager within ten (10) days after the Manager mails the notice of denial. 35 Agenda Item No. 17E September 27, 2005 Page 39 of 42 5. After the expiration of the periods of limitation established in subparagraphs 3 and 4 of this subsection 21B, as applicable, no petition, appeal or right of action shall be asserted by the Residential Real Property owner. 6. A Residential Real Property exemption granted hereunder shall be formalized by resolution adopted by the Board and communicated to the Tax Collector and/or other Board designee. 7. The residential Exemption Permits granted hereunder shall have a duration of up to and no more than one (1) Service Year, whereupon the Residential Real Property shall be subject to the Special Assessment and Contractor's services unless a new residential Exemption Permit is obtained pursuant to the procedures described in this Section 21 of the Ordinance. SECTION TWENTY -TWO: FINANCIAL HARDSHIP DEFERMENTS. Except where the Special Assessment is imposed and collected as a non -ad valorem assessment on the property tax bill, a deferment of the annual payment obligation of the Special Assessment may be obtained by the owner of Residential Real Property that qualifies upon the basis of financial hardship as defined herein and according to the procedures provided hereunder. A deferment of the payment obligation otherwise required under this Ordinance may be granted upon the written request of a Residential Real Property owner who qualifies because of financial hardship using as a standard the United States Department of Housing and Urban Development's Rental Assistance Program (Section 8) as to annual income, providing further that home ownership is not in and of itself an eliminating factor. The deferment shall consist of a lien placed against the Residential Real Property to run with the land in an amount equal to the cumulative unpaid Special Assessment(s). The lien shall be satisfied upon the sale, transfer or any other disposition of the Residential Real Property subject to the Special Assessment(s). 36 Agenda Item No. 17E September 27, 2005 Page 40 of 42 A. Application for financial hardship deferment shall be submitted to the Manager. The Manager shall render a written determination upon such application within thirty (30) days of its submittal. B. A Residential Real Property owner who has applied for a financial hardship deferment and has been denied such deferment by the Manager may petition the Financial Hardship Review Committee, which is established hereby and composed of the County Public Works Administrator, the County Housing and Urban Improvement Director, and the Manager. The written application shall be tendered to the Financial Hardship Review Committee (c /o the Collier County Public Works Administrator's office) within thirty (30) days of the date of denial by the Manager. After the expiration of this period of limitation, no petition, appeal or right of action shall be asserted by the Residential Real Property owner. C. A review of the decisions of the Financial Hardship Review Committee may be heard by the Board upon application by any Person seeking such a review. The written application shall be tendered to the Manager within thirty (30) days of the date of the decision of the Financial Hardship Review Committee. After the expiration of this period of limitation, no petition, appeal or right of action shall be asserted by the Residential Real Property owner. D. A deferment granted by the Manager or by the Financial Hardship Review Committee or the Board shall be formalized by resolution adopted by the Board and recorded in the Public Records of Collier County, Florida by the Board. E. All financial hardship deferments shall be subject to reevaluation by the Manager every third Service Year following the grant of deferment or the previous reevaluation. F. All financial hardship deferments shall accrue interest on the unpaid principal at the rate of twelve percent (12 %) per annum, unless the interest is waived by the Board based on information provided to the Board on a case -by -case basis. 37 Agenda Item No. 17E September 27, 2005 Page 41 of 42 SECTION TWENTY - THREE: SEVERABILITY. If any portion of this Ordinance is declared invalid, illegal, void or unenforceable by a court of competent jurisdiction, such portion shall be considered severable, and the remaining portions shall not be affected, but will remain in full force and effect. This Ordinance shall be construed as if such invalid, illegal, void or unenforceable provision had never been contained herein. SECTION TWENTY -FOUR: PENALTIES. Violations of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction shall be punished by fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail not to exceed sixty (60) days or by both fine and imprisonment. Each day of continued violation shall be considered a separate and distinct offense. The Board shall have the power to collaterally enforce the provisions of this Ordinance through its code enforcement inspectors and /or code enforcement boards or by appropriate judicial writ or proceeding notwithstanding any prosecution in the same manner as a misdemeanor. SECTION TWENTY -FIVE: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Collier County Ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. The Board hereby expressly repeals Ordinance 90 -30, as amended. SECTION TWENTY -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 Agenda Item No. 17E September 27, 2005 Page 42 of 42 relettered to accomplish such, and the word "Ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION TWENTY- SEVEN: FILING WITH THE DEPARTMENT OF STATE AND EFFECTIVE DATE. A. The Clerk is hereby directed to transmit a certified copy of this Ordinance to the Bureau of Administrative Code, Department of State, 500 South Bronough Street, Tallahassee, Florida 32399. B. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency County Attorney 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA to FRED W. COYLE, Chairman 39