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Agenda 01/10/2006 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 10, 2006 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 9 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Associate Pastor Reverend Dean Dalrymple, United Church of Marco Island 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. October 14,2005 - BCCNalue Adjustment Board Meeting C. November 29, 2005 - BCC/Regular Meeting D. December 5, 2005 - BCCNalue Adjustment Board Meeting E. December 6, 2005 - BCC/Sheriff Workshop F. December 9, 2005· BCC/Gap Housing Workshop G. December 13, 2005 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation designating January 27,2006, as International Holocaust Remembrance Day. To be accepted by Murray Hendel and Jack Nortman, Co-Presidents of the Holocaust Museum of Southwest Florida. B. Proclamation designating January 15 through 21, 2006, as Purple Martin Week. To be accepted by Jerry Glasson, President of the Purple Martin Society of Collier County. C. Proclamation designating January 21 - June 25, 2006, as Wyeth, Wright & Bravo Season. To be accepted by Jackie Lane, Creative Director, Philharmonic Center for the Arts and Myra Janco Daniels, chairman and CEO, Philharmonic Center for the Arts. 5. PRESENTATIONS A. SELECTION OF CHAIRMAN AND VICE CHAIRMAN B. Presentation to members of various agencies recognizing the Emergency Medical Services Paramedics, Firefighters and Law Enforcement personnel who, through their skills and knowledge, have successfully brought back to life individuals who had died. The "Phoenix" is a mythological bird that died and rose renewed from its ashes. 6. PUBLIC PETITIONS A. Public Petition request by the Jerusalem Haitian Community Center, Inc. to discuss operation of the CAT bus service on Sundays. B. Public Petition request by Mr. Stephen Widzicki regarding paving residential streets. Page 2 of 9 Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This petition requires that participants be sworn in and ex parte disclosure be provided by Commission members. CU-03-AR-4647: Mitchell D. House, represented by Donald J. Murray, AICP, and Coastal Engineering Consultants, Inc., is requesting a Conditional Use to allow for the establishment of an eco-tourist facility in the Rural Agricultural-Area of Critical State Concern/Special Treatment Overlay (A-ACSC/ST) zoning district pursuant to Section 2.04.03, Table 2, of the Collier County Land Development Code. The subject property is located approximately of a mile west of S.R. 29, on the north side of U.S. 41, in Section 25, Township 52 South, Range 29 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the County Government Productivity Committee. B. Appointment of member to the Collier County Planning Commission. C. Appointment of members to the Ochopee Fire Control District Advisory Committee. D. Appointment of members to the Development Services Advisory Committee. E. Appointment of member to the Collier County Citizens Corps. F. Appointment of members to the Golden Gate Community Center Advisory Committee. 10. COUNTY MANAGER'S REPORT A. Report to the Board of County Commissioners the efforts of the Contractor Licensing Office and the Code Enforcement Department regarding the regulation of contractors found in violation of applicable laws and ordinances. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) B. Recommendation to award Bid No. 06-3904 . Purchase of asphalt and related items for the estimated annual amount of $2.3 million to Better Roads Inc., as primary and Bonness Inc., as secondary. (Norman Feder, Administrator, Transportation Services) C. Recommendation that the Board of County Commissioners approve a request for dedication of right of way within the Livingston Village PUD to accommodate the potential future extension of Green Boulevard. (Norman Feder, Administrator, Transportation Services) D. Recommendation to approve award of bid 06-3922 in the Amount of $1,237,040 for Pump Stations 109 and 113 Improvements to Douglas N Higgins Inc. Project 73945. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 3 of 9 ....----.--...-----------.......-........------------------------------..-..-..-----..-..--------------------..-....-..--------------------------...------------........--- 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 Blue Heron, Phase 1-A. 2. Recommendation to approve an Agreement for Sale and Purchase with Velma R. Graham as Trustee of the Velma R. Graham Declaration of Trust dated the 21st day of June, 1995 for 10.26 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $373,500. 3. Recommendation to approve final acceptance of water and sewer utility facilities for Laurel Lakes, Phase I. 4. Recommendation to approve final acceptance of water and sewer utility facilities for Heritage Greens, Phase rB and II. 5. Recommendation to approve for recording the final plat of Fiddlers Creek Phase 3, Unit Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6. Recommendation to approve for recording the final plat of Valencia Golf and Country Club Clubhouse. 7. Recommendation to approve final acceptance of water and sewer utility facilities for Briarwood, Unit 5. 8. Recommendation to approve final acceptance of water utility facilities for Lalique at the Vineyards. 9. Recommendation to approve for recording the final plat of Orange Blossom Ranch Phase 1B, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 10. Recommendation to approve final acceptance of water and sewer utility facilities for Huntington Lakes Unit One. 11. Recommendation to approve final acceptance of water utility facilities for Coventry Square. 12. Recommendation to approve final acceptance of water and sewer utility facilities for Camelot Park at the Vineyards. 13. Recommendation to approve final acceptance of sewer utility facilities for Sanctuary Pointe at Sterling Oaks. 14. Recommendation to approve final acceptance of water and sewer utility facilities for Tiburon Golf Club Clubhouse. 15. Recommendation to approve final acceptance of sewer utility facilities for Grey Oaks, Unit 15. 16. Recommendation to approve final acceptance of sewer utility facilities for Isla Vista at Grey Oaks. 17. CARNY-05-AR-8426, Vonda Welky, Fair Manager, Collier County Fair and Exposition, requesting a permit to conduct the annual Collier County Fair on February 3 through February 12,2006, at the Collier County Fair Grounds located on SR- 846, North Golden Gate. Page 4 of 9 18. Recommendation to direct the County Manager or his designee to prepare and submit an application for purchase by the Conservation Collier Program of specific parcel(s) associated with the Countys purchase of Fleischmann-Caribbean Gardens properties. 19. Recommendation to approve for recording the final plat of Fiddlers Creek Phase Four, Unit Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 20. Recommendation to approve for recording the final plat of Marbella Lakes, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 21. Recommendation to approve an Interim Management Plan for the Malt property under the Conservation Collier Land Acquisition Program. 22. Recommendation to approve an Interim Management Plan for the Watkins/Jones property under the Conservation Collier Land Acquisition Program. B. TRANSPORTATION SERVICES 1. Recommendation to approve an Easement Agreement and accept a Drainage Easement for the purpose of installing a pipe to connect new and existing underground culverts to alleviate the storm water flooding which occurs in the Twin Lakes subdivision along Granada Boulevard. (FY 2006 Project 510058) (Fiscal Impact $21,000. plus recording fees) 2. Recommendation to approve a change order in the amount of $296,500.00 to CH2M Hill, Inc. amending contract #05-3774 Gordon River Water Quality Park (project No. 510185) Engineering Design contract. 3. Recommendation to approve an Alternative Access and Relocation Agreement associated with the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $92,000.00 4. Recommendation to award annual contract 06-3900 to Big Cypress Mitigation Bank, Little Pine Island Wetland Mitigation, and Panther Island Mitigation Bank/Southwest Florida Wetlands Joint Venture for Wetlands Mitigation Credits, Bid No. 06-3900. 5. Recommendation to approve the Governmental Facilities Relocation Agreement with the Florida Power & Light Company in the estimated amount of $551,626.67 for replacement of transmission poles and holding of guy poles in connection with the Goodlette-Frank Road expansion project from Golden Gate Parkway to Pompei Lane, Project No. 60005. 6. Recommendation that the Board Authorize the Transportation Division Administrator or His Designee to Execute a License Agreement Between Collier County and Individuals or Businesses Licensed to Practice Surveying and Mapping in the State of Florida to Allow Access to the County's Global Positioning System (GPS) Network for the Purpose of Surveying and Mapping. 7. Recommendation to approve expenses for McDonald Transit that were incurred in Fiscal Year 04/05 under contract 00-3146 that expired on September 30,2005 in the amount of $42,000. 8. Recommendation to approve and execute a contract amendment between Collier County and the Commission for the Transportation Disadvantaged for funding in the amount of $235,466 for the provision of transportation for qualified Medicaid recipients. 9. Recommendation to approve the Park-n-Ride Site Identification Study FY 2006. 10. Recommendation to approve the use of Federal Transit Administration (FTA) FY 05/06 5307 grant funds for the purchase of three transit buses under Florida Public Transportation Association/Hartline contract #2003-07-01, trolley decal wraps, and necessary equipment (in the estimated amount of $ 880,971) and to recognize additional FTA FY 05/065307 grant funds. Page 5 of 9 C. PUBLIC UTILITIES 1. Recommendation to approve a $4,500,000 increase to Purchase Order Number 4500055195, issued to Solid Resources, Inc., for hurricane debris removal monitoring work, from an initial emergency estimate of $500,000 to the budgeted amount of $5,000,000. 2. Recommendation to authorize conveyance of an Easement to Florida Power & Light Company (FPL) for the installation of underground electric facilities to provide electric service to the North County Regional Water Treatment Plant Reverse Osmosis Wellfield (NCRWTP RO Wellfield), at a cost not to exceed $27.00, Project Number 710061. 3. Recommendation to reject the two bids received for Bid No. 05-3897 and to authorize the staff to re-advertise for the Golden Gate Wellfield Reliability Improvements Well No. 34; Project 70158. 4. Recommendation to approve Work Order RKS-FT-3681-06-01 for professional engineering services from RKS Consulting Engineers, Inc. for the Water and Wastewater Energy Efficiency Enhancements in the amount of $121,000, Project Numbers 71007 and 73071. 5. Recommendation that the Board approve payment of $82,339 to Douglas N. Higgins, contractor for the Florida Department of Environmental Protection Agency (FDEP) Division of Recreation and Parks towards In-Kind services in accordance with FDEP Consent Order OGC-552-11-DW Project 73161. 6. Recommendation to award Bid #05-3884 Furnish and Deliver Sodium Chlorite to International Dioxide as the primary contractor and Altivia as the secondary contractor in the estimated amount of $68,988 per year. 7. Recommendation to approve the South Florida Water Management District Local Governmental Agreement Amendment No. DG040617-A02 extending the original agreement to partially fund the Manatee Road Four New Potable Water Aquifer Storage and Recover (ASR) Wells System, Project 70157. 8. Recommendation to rescind the bid award 05-3894 in the Amount of $3,171,636 to Douglas N. Higgins, Inc., for the construction of the Potable Water Main and Landscaping Improvements along U.S. 41 Project 71059. 9. Recommendation to approve a modification to Purchase Order 4500041201 in the amount of $4,146,000.00 for professional services being performed under Contract 04-3673 with Carollo Engineers for design of the Northeast Regional Water Treatment Plant and Water Reclamation Facility, Project Numbers 70902 and 73156. D. PUBLIC SERVICES 1. Recommendation to approve a Resolution Designating the Month of February as Domestic Animal Services Senior Appreciation Month and Providing for a Fee Reduction to Senior Citizens in the Amount of $10 for the Adoption of Dogs and Cats During that Month. 2. Recommendation to approve a Resolution authorizing the after-the-fact submittal of a Community Development Block Grant for expansion of the Physician Led Access Network of Collier County Project in the amount of $85,000. 3. Report expenditure of Direct Material Purchase program funds to purchase Communications Services for North Collier Regional Park in the amount of $107,796.44 from Aztek Communications. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve a budget amendment for $74,098.05 to recognize carry-forward for new air conditioners (Project 52162). 2. Recommendation to waive formal competition and approve the purchase of annual software maintenance for the electronic document management systems (EDMS) for five years. ($48,000) Page 6 of 9 3. Recommendation to approve and execute the attached License Agreement with Mayflower Congregational United Church of Christ, Inc., for temporary employee parking during construction of new County Fleet, Collier Area Transit, and Sheriffs Office Fleet facilities at an annual rental not to exceed $14,400, Project 520093. 4. Recommendation to approve and execute the attached Lease Agreement with Roger Carvallo for temporary office space to house the Guardian Ad Litem office during construction for the new Courthouse Annex building at a first years annual cost not to exceed $24,744, Project 52533. 5. Recommendation to approve an expenditure of $ 26,825 for emergency radio tower repairs following Hurricane Wilma. 6. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. 7. Recommendation to approve change order number two Exhibit E in the amount of $232,608.59 under contract number 04-3709, construction of Emergency Medical Services (EMS) Facility 19 with Brooks and Freund, LCC. 8. Recommendation to approve an amendment to the Collier County Driver Education Grant Program. F. COUNTY MANAGER 1. Recommend Approval to authorize payment of funds to Coastal Planning and Engineering for work performed prior to the issuance of a Purchase Order and Notice to Proceed for the reevaluation of Clam Pass Inlet Management Plan. ($34,462) 2. Recommendation to approve ZOLL Medical Corporation as the sole source provider of various proprietary, noninvasive resuscitation devices and disposable electrodes and accompanying accessories. ($24,000) 3. Recommend approval by the Board of County Commissioners for Change Order No.2 to Work Order #HM-FT-05-02, under Contract 01-3271 for $45,250 to Humiston and Moore to extend construction phase services through December, 2005 and provide laboratory analysis of sand samples as required by FDEP permit on the Hideaway Beach Project No. 90502. 4. Recommend Approval to authorize payment of funds to Coastal Planning and Engineering for work performed prior to the issuance of a Purchase Order and Notice to Proceed for the preparation of FEMA funding packages for beach damages from Hurricanes Katrina and Wilma. ($86,265) 5. Recommendation to approve a $60,000 Budget Amendment to fund legal fees incurred in the law suit Dwight E. Brock v. Board of County Commissioners, Linda T. Swisher and Paul W. Wilson, Case No. 04-941-CA, Twentieth Judicial Circuit in and for Collier County. 6. To establish supplemental budget appropriations in a centralized cost center within the General Fund for Hurricane Wilma recovery efforts. ($125,000) 7. Recommend approval of Change Order #4 with Marine Contracting Group for additional expenditure of $210,000 under contract 05-3744, Project No. 905021. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Henning requests Board approval for reimbursement to attend a function serving a valid public purpose. Commissioner to attend the Economic Development Council of Collier County's Pre-Legislative Luncheon at The Strand Country Club on Wednesday, December 14, 2005. $20.00 to be paid from Commissioner's travel budget. Page 7 of 9 2. Commissioner Coletta request approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid to attend the Gala Celebrating the 5th Anniversary of Jerusalem Haitian Community Center, Inc. on December 10, 2005 and is requesting reimbursement in the amount of $20.00, to be paid from his travel budget. 3. Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Economic Development Council Pre-Legislative Luncheon on December 14, 2005 at The Strand Country Club; $20.00 to be paid from Commissioner Halas travel budget. 4. Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Issues '06 Southwest Regional Delegation Forum on December 16,2005 at FGCU; $40.00 to be paid from Commissioner Halas travel budget. 5. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. The event was the Marco Island Chamber of Commerce Christmas Island Style Gala on December 7,2005. $60.00 to be paid from Commissioner Fiala's travel fund. 6. Commissioner Coletta requests approval for reimbursement for prepayment to attend a function serving a valid public purpose. Commissioner prepaid to attend the ULI Southwest Florida 9th Annual Winter Institute Conference on February 3, 2006, and is requesting reimbursement in the amount of $25.00 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. Authorize the Supervisor of Elections to accept voter education funds with a 15% matching contribution. ($49,121.91) 2. Recommendation to create a Criminal Case Management System, including the creation of a Case Management Coordinator position, to expedite cases through criminal court system (FY06 costs of $38,100). 3. Approve the Interlocal Agreement for Election Services which leases the County owned voting machines to the City of Naples for use in the City's February 7, 2006 election, and to authorize the execution of this agreement by the Chairman of the Board of County Commissioners. K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners Authorize the County Attorney's Office to Make a Business Damage Offer to Settle a Claim for Business Damages by Work-A- Holics Landscape Management, Inc. resulting from the Acquisition of Parcels 103A, 1038, 103C, 103D, 103E and 703 in the Case Styled Collier County v. Cullen Z. Walker, et aI., Case No. 05-0728-CA (Logan Boulevard Project #60166) (Fiscal Impact, if accepted, is $550,000). 2. Recommendation to approve the Offer of Judgment in the amount of $53,130.00 as to Parcels 115 & 715 in the lawsuit styled Collier County v. Rafael Liy, et aI., Case No. 05-752-CA (Collier Blvd. Project No. 65061). (Fiscal Impact $13,970.55, if offer accepted) 3. Recommendation to approve the Offer of Judgment in the amount of $37,605.00 as to Parcels 122 & 722 in the lawsuit styled Collier County v. Gulfstream Homes, Inc., et aI., Case No. 05- 758-CA (Collier Blvd. Project No. 65061). (Fiscal Impact $7,827.15, if offer accepted) Page 8 of 9 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-2005-AR-7749: Living Word Family Church, represented by Laura Spurgeon, AICP, of Johnson Engineering is requesting a Conditional Use pursuant to Section 2.04.03 (Table 2) of the Collier County Land Development Code (LDC) for the property to be used for a Church Facility in the Rural Agricultural (A) zoning district. The subject property, consisting of 18.1 acres, is located on the south side of Immokalee Road, approximately 21/2 miles east of CR 951 in Section 30, Township 48 South, Range 27 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR-5431: C & R Realty of Richmond, Inc, represented by Robert L. Duane of Hole Montes, Inc., and R. Bruce Anderson of Roetzel & Andress is requesting a rezone from Estates E and Planned Unit Development PUD zoning districts to the Commercial Planned Unit Development "CPUD" zoning district to be known as Cambridge Square CPUD, an office and retail development consisting of a maximum of 80,000 square feet of commercial development and 35,000 square feet of office uses located on approximately 16.1 acres, on the northeast corner of the intersection of Pine Ridge Road (CR 896) and Livingston Road, in Section 7, Township 49 South, Range 26 East Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 9 of 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING January 10. 2006 Item 16B6: Index title should read: "Recommendation that the Board authorize the County Manager or his designee. . ." (rather than Transportation Division Administrator). All backup material is correct. (Staff's request.) Item 16E1: The word "revenue" was omitted from the index title and should read: "Recommendation to approve a budget amendment for $74,098.05 to recognize carry-forward revenue. . .." (Staff's request.) Item 16E4: The project number for this item should be 525331 (rather than 52533). All backup material is correct. (Staff's request.) Item 16E6: Fiscal Impact on the Executive Summary should read: "There is a fiscal impact resulting from this action." (Staff's request.) Item 16K1: It should be noted for the record that the proposed offer for business damages will be inclusive of costs to cure the existing improvements, as well as damages to improvements. (Staff's request.) Agenda Item No. 4A January 10, 2006 Page 1 of 2 .- PROCLAMATION WHEREAS, in a resolution co-sponsored by J04 Member States, the United Nations General Assembly has designated January 27 as International Holocaust Remembrànce t>ay in an effort to keep memory of the Holocaust alive, and to reaffirm unfaltering resolve to prevent the recurrence of such crimes and future acts of genocide; and, WHEREAS, January 27, J945, is currently recognized as the official day of remembrance for Holocaust victims in many countries and marks the day when an advancing Soviet army liberated the largest Nazi death camp, Auschwitz-Birkenau in Poland; and, WHEREAS, Collier County encourages all its citizens to recognize the grievous crimes committed during the Holocaust and to remember the suffering of the J J million humans who perished; and, WHEREAS, the Holocaust Museum of Southwest Florida promotes tolerance and understanding by teaching the history and lessons of the Holocaust through its educational programs. - NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 27, 2006, be designated as International Holocaust Remembrance Day DONE AND ORDERED THIS J Oth Day of January, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK - Item Number: Item Summary: Meeting Date: Agenaa Item No. 4A January 10. 2006 Page 2 of 2 COLLIER COVNTY BOARD OF COUNTY COMMISSIONERS 4A Proclamation designating January 2ì, 2006, as International Holocaust Remembrance Day To be accepted by Murray Hendel and Jack Nortman. Co"Presidents of1he Holocélust Museum of Southwesl Florida 1/10/2006900:00 AM Date Prepared By Melanie Rodriguez Board of County Commifi:sioners Administrative Aide to the BCC Bee Office 12/8/2005 4:53:09 PM Date Approved By Sue Filson Board of County Commissioners Executive Manager to the BCe Bce Offiçe 12f12/2005 2:29 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 12/20/20057:26 PM PROCLAMATION Agenda Item No. 48 January 10, 2006 Page 1 of 2 WHEREAS, in a very short time, thousands of our very beautiful feathered friends, the Purple Martins, will return from their winter home in Brazil; and, WHEREAS, these birds will be searching for suitable housing to enable them to nest and rear their young; and, WHEREAS, the Florida Legislature has designated Collier County the PURPLE MARTIN CAPITAL OF FLORIDA; and, WHEREAS, the Purple Martin Society of Collier County is desirous of urging the public to erect proper housing for these very valuable winged creatures by placing said houses on their property; and, WHEREAS, during the period of .January 15 through 21, 2006, the Purple Martin Society of Collier County will endeavor to alert the public to how valuable these birds are in helping to diminish the insect and mosquito population. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that .January 15 through 21, 2006, be designated as Purple Martin Week DONE AND ORDERED THIS 10th Day of .January, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK ,- Item Number: Item Summary: Meeting Date: Agenda Item No 48 January 10. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 48 Proclamation designating January 151hrough 21 2006 as Purple Martin Week. To be accepted by Jerry Glasson, President of the Purple Marlin Society of Collier County. 1/10/20069:00'00 AM Dare Prepared By Melanie Rodriguez Board of County Commissioners Administra1ive Aide to the BCe Bee Office 12127/20054:57;03 PM Approved By Date Sue Filson Board of County Commissioners Executive Manager to the BCe Bee Office 1/3!2006 i:49 AM Date Approved By James V _ Mudd Board of County Commissioners County Manager County Manager's Office 1/3/200612:17 PM PROCLAMA TION Agenda Item No. 4C January 10, 2006 Page 1 of 2 WHEREAS, the Philharmonic Center for the Arts Cultural Complex is the leading arts center in Southwest Florida, encompassing both world-class visual and performing arts, along with arts education: and, WHEREAS, the Naples Museum of Art and the Philharmonic Center for the Arts are dedicated to enlightening, educating, and entertaining citizens of all ages in Collier County and the surrounding area: and, WHEREAS, the Naples Museum of Art's exhibition Andrew Wyeth & Family is expected to be the last time Andrew Wyeth's famous Helao paintings, which were recently sold to a private collector, will be seen in an exhibition: and, WHEREAS, the exhibition Andrew Wyeth & Family will be the first exhibition ever in which the Heloa paintings are displayed along with works by Andrew Wyeths son .Tamie and his father N.C.: and, WHEREAS, the Naples Museum of Art will also be presenting the blockbuster exhibitions Frank Lloyd Wrioht and the House Beautiful and Claudio Bravo, featuring work never before seen in Southwest Florida: and, WHEREAS, Claudio Bravo will travel to Southwest Florida from his home in Morocco to participate in the opening of the exhibition Claudio Bravo: and, WHEREAS, visitors and media will come to the Naples Museum of Art from around the state and other parts of the country to experience these rare and exciting exhibitions. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that .Tanuary 21 through .Tune 25, 2006, be designated as Wyeth. WriQht & Bravo Season DONE AND ORDERED THIS 10th Day of .Tanuary, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK -- _.._,,,..,,.>;........_"',..,,."',.,.,<),.."',.,.,."'.,.;~ ..",^ Item Number: Item Summary: Meeting Date: COLLIER COliNTY BOARD OF COUNTY COMMISSIONERS 4C Agenda I tem No 4C January 10. 2006 Page 2 of 2 Proclamation designating January 21 ~ June 25, 2006, as Wyeth, Wlight & Bravo Season. To be accepted by Jackie Lane. Creative DIrector, Philharmonic Center for the Arts and Myra Janca Daniels, chairman and CEO Philharmonic Center for the Arts 1/10/20069:00.00 AM Prepared By Melanie Rodriguez Board of County Commissioners Administrative Aide to the Bee Date Approved By Sue Filson Board of County Commissioners Bce Office 12/29/2005 4:0B:32 PM A pproved By James V. Mudd Board of County Commissioners Executive Manager to the Bee Date Bce Office 1/3/20067:47 AM County Manager Date County Manager's Office 1/3/2006 9:45 AM _. Item Number: Item Summary: Meeting Date: COLLIER COlJNTY BOARD OF COUNTY COMMISSIONERS SA SELECTION OF CHAIRMAN AND VICE CHAIRMAN 1!10!2006 90COO AM Agenda Item No. SA January 10, 2006 Pa,¡e 1 of 1 Prepared By Sue FUson Board of County Commissioners E)Cecuhve Managof 10 th(~ Bce Bee Office Dat. 12/20/200610:40:25 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manßf}er's Office Date 12/20/20067:22 PM _. .- Item Number: Item Summary: Meeting Date: Agenda Item No. 58 January 10.2006 Page 1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 58 Presenta1ior to members of various agencies reçùgnlzing the Emergency Medica: Services Paramedics, Firefighters and Law Enforcement personnel who, through their skills and knowiedge, tHwe successfully brought back to life individuals who had died The "Phoenix" IS a mythological bird that died and rose renewed from ils ashes 1/10/200590000"M Date Prepared By Artie Bay Bureau of Emergency Servìces Senïor AdmïnlstratÎve Assistant EMS 1218120052:43:19 PM Jeff Page Da.. Approved By Bureau of Emergency Services EMS Chïef EMS 12/8/20053:34 PM Ddte Approved By James V, Mudd Board of County Commissioners County Manager County Manager's Office 12/20/2005 7:24 PM ,- Mr. Dan Summers reads: Agenda Item No. 58 January 10, 2006 Page 2 of 3 The Collier County Emergency Medical Services Department has adopted the PHOENIX AWARD to recognize those EMS Paramedics, Firefighters and Sheriff's Deputies, who through their skills and knowledge, have successfully brought back to life individuals who had died. The "Phoenix" is a mythological bird that died and rose renewed from its ashes. Mr. Dan Summers to make general comments. We are proud to recognize the following heroes: Collier County EMS: Collier County Sheriffs Office: East Naples Fire Department: Golden Gate Fire Department: North Naples Fire Department: Mr. Summers continues: Eric Clere BC Martha Ginter Eric Havens Mike Murphy Tony Navarro Valeri Ouillette Leonard Pohl BC Steven Rockey Diane Smith Valerie Thorsen Mark Willis Les Williams John Borchers Scott Peterson - Dispatcher Kevin Bee Grant Danskine Chris Ogden Bill Packard Micheal Reeves Dale Chapman John Ellis Eng Lagadinos Kevin Schoch Jaime Starace Scott Wilson Lt. Matt Zaleznik J. Pinkerton We would like to also recognize another group of heroes who, though their nonnal job duties are far from the medical realm, managed to successfully revive a citizen in trouble: On May 13 a visitor at the Golden Gate Aquatic and Fitness Complex went into cardiac arrest while exercising on the leg press machine. Fitness attendant Steve Lund recognized the victim was in distress and with the help of others, lowered him to the Agenda Item No. 58 January 10,2006 Page 3 of 3 ground and checked for breathing and a pulse while 911 was called. Meanwhile, Rich DeGalan, program supervisor in the Parks and Recreation Department, arrived at the scene and began giving the victim CPR (alternating with Lund) while an off-duty Marco Island police officer retrieved an Automated External Defibrillator (AED). The AED was used along with CPR until Emergency Medical Services and fire department personnel arrived. Congratulations to everyone involved for their timely response. .-.- Agenda Item No. 6A January 10, 2006 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010 November 10, 2005 Jacques Sinjuste, President Jerusalem Haitian Community Center, Inc. 171 Commercial Boulevard, Suite #26 Naples, FL 34104 Re: Public Petition Request to Discuss Operation of CAT Bus Service on Sundays Dear Mr. Sinjuste: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 10, 2006 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. /~erel~, /J ~::r-4 County Manager JVM/jb cc: David Weigel, County Attorney Norman Feder, Administrator, Transportation Services - Agenda Item No. 6A January 10,2006 Page 2 of 2 ReQuest to Speak under Public Petition Please print Name: JeI2.IJ.Jale.-m H4/T,'AN Co mmt.JN"~/ C~n¡'el2, IYlc, . Address: /1/ tomm~Æ''',qL. :J3øtlJ...~VøY~, Sc.I,'-/e Z(" Phone: It/I}'"pLE $, TL~., 3L/lo¥ (2~f)t/3D-14.2' é (Æ.3lf)/¡,ol- 3t..1,J3 -"--', - --"--0'-"'-' ._______ _ ____ ---- '._.._-. Date of the Board Meetina yOU wish to SPeak: ANY.s u I'TA 81.E' .::P.4 r¡; To ~ 7k € .::a 0 AR 0 :srN.:::Þ~ ~e~ b~te. IS, ZOD ~ ~ J¡Ntll9 ~y Please explain in detail the reason YOU are reauestina to speak (attach additional 3, , Z tH ¿'. paae if necessary): OLJ~ Ht:~..:J>QlJ~R.rfi.~~ ARE At..f))O.sT ::ÞAIl-'t VI',$,TEt> By Cl-,'ENT.5 0": oIJe.s (ItI1ø.$r ø'J" TrlEfY) /{j:¡;'ANS {1{,',s'Pl9lVlCS) WHo "R fi s,,"þ ¡; IN AlA PI- E.s (t}¡: NO'R o~ 6þZ.OENG ATE WI-/o -:BELoNG To TH(¡ Sf:VE,NTI1- .:DAy A.ÞV(£NT¡,sr CHIJl2C/<f Die , OTHER 7?E I..t'G /otJ.l (; Rou"P WHo..s£ .sAB.BATH IS kEPT ð'" SAruRDAY.- ,./I-Ice "PRE"sioENT JIICt;JiJES SifV.:ru.srt; HAII£ ::BE:G',.,J Aðl..£ To ?GR.!LJADE SoH1S 'J:m""'PLoYéE's TO ALLOW TH£.>E , I1ART>-/¡)oR.<'/Nt:. '"RESIDENiS D¡: COL.LiE'R Co. '-6 Wðl2J< DN SIJN1>Ay IN5T€"O. HOIÛ£lIl£'te, 'THE 7="/icr "'AT THE Co.L¡"ER.. AREA rRAt>JS¡'r (cAr) :t!3U,SE-S :Do NOT, Ru,t.J ON -SLJ"':J>Ay 1.5 ~~Arl^,~ èA ~£Az.,.. 711f?£RT 70 mE. LIVeLII/OOl> 01 TI-/t:$S 1F!ES/.DE'NT.r:- Please explain in detail the action YOU are askina the Commission to take (attach additional paae if necessary): TfoIe: LEAST CON SEQtJEN ny . JHCc.. ASJ:.S THE COlJ "'Ty CO MP'/'SS/ON To INTRo:ÞUCE CAT ::su..s .:5E ~v"cE (EVEN ON II L¡'h1/íED AND TRIAl.. :BA.s,·.s) o^' S'JI" .Þ4y To I1AKE. Ir "'Po,SSÙflLé. 7="0 R. . ~ES/'X>ElVr.s o¡:: COl-L./E~ COLJNTy '1"0 kEEP THEd~. Jþ BS. WE. A~e: "",·L.l-I'NG To "f:'lJRN,'SH IN'Fo R mAT/oN To CoUNTl Com n,i 5.$(0 N 'N o'RD E' R TO "P'Zovs THA~\)SÞ.LEM It",,/ /"t'¡ERÆ VOL.U01£ 0;::: StJN1>Ay RjDt!R.~ WþtJL.D A'¡; ~ COVE~ THE c><'P£'''''¡Se...s 01= THiS 5ERvltRFl3-:NOSOO "Z- o 0003212 ~ CJ ~~ ~ /tf/ly CEÑ'\~~ TH E.G£ TI-I E C:\Documents and Settings\Owner\l.ocal Settings\Temporary Internet Files\Content.IE5\3RHN398W\Public_Petition_Request_Form[1 ].doc ---.-.-.- Agenda Item No. 68 January 10, 2006 Page 1 of 3 -:\ COLLIER COUNTY MANAGER'S OFFICE 330 I East Tamiami Trail . Naples, FL 34112 . 239-774-8383 . Fax 239-774-40 I 0 December 29, 2005 Mr. Stephen Widzicki 430 39111 Avenue NW Naples FL 34120 Re: Public Petition Request regarding paving residential streets Dear Mr. Widzicki: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 10, 2006, 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 Mure 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 . a;;~' Jame.~-4 County Manager JVM/mjb cc: David Weigel, County Attorney Norman Feder, Administrator, Transportation Services - ReQuest to Sceak under Public Petition Agenda Item No. 68 RE~CEIV January 10, 2006 . COUNTY "~~,r'CE / ..1' .~/~¡: ~ DeC 2 9 2005 Please print Name: 5+-~~-e....vL Address: t..( > 0 ~q TH- AUb AitL PL-bS' I FL. qO>-L(~ ga uJ;J"U'~\ ACTION F!LE NU-J ~o/ 1 2.0 Phone: Date of the Board MeetinQ you wIsh to speak: ~¡iL 10 ~ 0(6, / Please explain in detail the action vou are askina the Commission to take (attach additional paQe if necessarv): C:\Documents end Settlngs\rcslak_n\Local Settings\Tempor.ry Intemet Filell\OLKE8\Public Petition Request Form (2).doc ~d WdS~:~Ø Søø~ 6~ '~~a 886Þ~ØÞ6~~: ·ON X~~ . .... , ~I~~3SI~ìnw: WO~~ -- Agenda Item No. 68 January 10, 2006 Page 3 of 3 TO: THE BOARD OF COLLIER COUNTY COMMISSIONERS FROM: STEVE WIDZICKI (TAXPAYER & CONCERNED CITIZEN) Please consider this request to petition the Board of Commissioners for ways To better fund and therefore expedite the paving of County maintained roads_ ] live in the Golden Gate Estates area on a lime rock road, As do several Thousand others like myself: I (WE) all pay taxes and drive vehicles, The Vehicle's tires, paint, and window glass life expectancy is reduced to 1/3 By living on a lime rock road. Not to mention the annoying creeks squeaks And rattles that will never go away, The reason we buy new cars (to get rid Of those annoyances). Since 1988 I've owned my property and gotten the story: once there are 10 houses built, our street would be paved. That would mean around mid 2004 when the last roof tile was placed on my neighbors house, the limerock and asphalt trucks would be rolling up our street in keeping with 17 yrs worth of promises _ .. . . . . . . _. We both know what the outcome of that was. I was recently acquainted with Commissioner Jim Colletta, John Vliet & Rex Wiggins of County road dept. & they have offered to assist in this effort To expedite the paving of some 39 miles of qualifing roads. AT CURRENT BUDGET ALLOWANCE, THIS PROCESS WILL TAKE 23.67 YRS TO COMPLETE THOSE ROADS ALONE. The system currently in place is not working and needs to be REVISED!!!!! I have lived here a long time and I have seen how fast things can happen. But unfortunately I have also seen road projects have dragged on for years. I personally don't recall voting for pahn trees & paver brick on every 4 lane In Collier county over paving my mBe of street. However I am reqired to pay Taxes for everything under the sun. I am the only one making the payments On my vehicles in addition to numerous car washes. With your help Commissioners, I am willing to do my part to generate public Awareness to help us an in this group of property owners to get the funding From whatever sources available and perhaps streamline the process, And see that a system of checks and balances is in place so that funds for paving Our streets goes to paving our streets! Sincerely, Stephen Widzicki ~d WdS~:~Ø søø~ 6ë ·~-a 886v~Øv6£~: ·ON X~~ 3~I~~3SI~ìnW: wo~~ Agenda Item No. 7 A January 10, 2006 Page 1 of 74 EXECUTIVE SUMMARY CU-2003-AR-4647, Mitchell D. House, represented by Donald J, Murray, AICP, and Coastal Engineering, requests a Conditional Use for an eco-tour facility to be operated in the Rural Agricultural-Area of Critical State Concern/Special Treatment Overlay (A- ACSC/ST) zoning district, pursuant to Section 2.04.03, Table 2, of the Collier County Land Development Code. The property to be considered for the Conditional Use is located approximately % of a mile west of SR 29, on the north side of US 41, in Section 25, Township 52 South, Range 29 East, Collier County, Florida. This petition area consists of 142± acres. OBJECTIVE: Staff is requesting that the Board of Zoning Appeals (BZA) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERATIONS: The petitioner seeks a Conditional Use to pennit an eco-tour facility in the Rural Agricultural- Area of Critical State Concern/Special Treatment Overlay (A-ACSC/ST) zoning district. The subject site is a large undeveloped, environmentally sensitive parcel located approximately % of a mile west of SR 29, on the north side of US 41. The applicant leases over 1,000 acres, but has surveyed and provided a legal description of approximately 142 acres as the subject site. According to the Growth Management Plan (GMP), only ten percent of the land may be impacted in the Area of Critical State Concern. The applicant knew what area he wished to utilize and then created a subject area that could comply with the GMP provision based on that amount. The conceptual site plan provided indicates the construction of an 800 square foot office, a dock to load passengers for boat rides, a parking area and the existing logging trail, which will be utilized for bus tours. There is one existing ingress/egress point to US 41. The site would share this access point with the Carnestown transfer station. The proposed tour operation would provide educational trail tours on an existing logging trail and slow water rides on canals that were originally dredged to provide fill for the construction of the intersection of SR 29 and US 41. The Collier County Land Development Code (LDC) requires several conditions of approval, which are included in those listed as exhibit D to the proposed resolution. One of the conditions states that the Board of Zoning Appeals (BZA) will detennine the appropriate number and size of vehicles to be used. The applicant owns two pontoon boats and two buses, which staff has incorporated into this condition, pending a BZA detern1ination of appropriateness. -" Page 1 of 4 Agenda Item NO.7 A January 10, 2006 Page 2 of 74 FISCAL IMPACT: This Conditional Use will have no fiscal impact on Collier County. However, the further development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. Please note that the inclusion of this information is for informational purposes only and is not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT CONSISTENCY: The Comprehensive Planning Department has reviewed the proposed Conditional Use and found it to be consistent with the Future Land Use Element of the Collier County Growth Management Plan. A portion of the subject property is designated Conservation and a portion is designated Agricultural/Rural (Agricultural/Mixed Use District), and the entire site is within the Area of Critical State Concern (ACSC) overlay, all as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Agriculture/Rural Designation permits non-residential uses such as parks, open spaces and recreational uses and habitat preservation uses, and the Conservation Designation permits non-residential uses such as passive parks, recreation uses and habitat preservation and conservation uses. ENVIRONMENTAL ISSUES: The environmental staff's analysis indicates that the proposed Conditional Use is not consistent with the Conservation and Coastal Management Element (CCME) of the CoHier County Growth Management Plan. Staff finds the following regarding the Policies in Objective 6.1 and 6.2 of the CCME: Commercial Developments greater than 5 acres are required to retain 15 percent of the existing native vegetation on-site set aside as preserve areas with permanent conservation easements prohibiting further development. In addition to the above requirements, areas included in the Big Cypress Preserve Area of Critical State Concern Overlay, site alteration shall be limited to 10 percent of the total site size, and installation of non-permeable surfaces shall not exceed 50 percent of any such area. Selection of preservation areas must be consistent with the criteria listed in Policy 6.1.1. No preservation areas have been designated for this site on the plan submitted with the application. Furthermore, the applicant is unwilling to protect the required preserve areas with a permanent conservation easement. Due to staffs finding of inconsistency with the CCME, enviromnental staff recommends denial of the petition. Page 2 of 4 Agenda Item NO.7 A January 10, 2006 Page 3 of 74 ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION: The EAC reviewed the petition at the September 7, 2005 meeting and it was continued to the October 5, 2005 meeting so that the applicant could address council members' concerns and provide additional information. The EAC was concerned about the possibility that listed or rare plant species were present on site, and that a qualified study of this was not done. Subsequently, the applicant provided a listed species plant survey. The EAC was also concerned about the functionality of the flow way onsite and potential impacts to the mangroves along the canals. The panel was reassured upon learning that no new fill material will be used on the logging road, a state licensed mangrove trimmer will be used for any necessary pruning, and any listed plant species will be relocated out of harm's way. The EAC added seven stipulations, and subject to the successful resolution of the permanent conservation easement issue, recommended approval of the project. The EAC stipulations have been added to the draft resolution as conditions of approval. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the December 1, 2005 CCPC meeting. The Commission voted unanimously to continue the hearing until December 15, 2005 so the applicant could provide further information to members on the following topics: provision of adequate parking facilities; verification of ability to utilize the access easement granted to the County for access to the Carnestown transfer site; and, more information regarding the permanent conservation easement. One member also suggested that vending machines, if utilized, not be placed in locations visible from US 41 to preserve the nature of the scenic drive. At the December 15, 2005 meeting, the Commision members discussed the new information provided by the applicant and staff. The easement that grants access to the Carnestown transfer site is non-exclusive, and the project will not impact the access to the site. The conceptual site plan was revised to include additional parking. A ratio was derived from another use in the LDC and staff was satisfied with the correlation to use that ratio. The County Attorney presented that the interpretation of the GMP required conservation easement remained the same. The property owner would be required to allow an easement on the property. The CCPC voted 6-1 to recommend approval to the BCC, subject to the BCC finding the petition consistent with the Growth Management Plan, staff conditions of approval, EAC conditions of approval, and with the following stipulations: 1. Condition of approval #5 on Exhibit "0" to the proposed resolution be amended to restrict tour operation to buses and pontoon boats with no more than 30 seats in operation at a time; 2. Add a condition of approval to restrict vending machines from sight of vehicles traveling on US 41; and, 3. Add a condition of approval to require the applicant to seek FOOT approval of a right-in deceleration turn lane from the east and a left-turn lane from the west. Because staff has recommended denial and the CCPC recommendation of approval was not unanimous, this item may not be placed on the summary agenda. Page 3 of 4 ,_. .- ~ Agenda Item No.7 A January 10, 2006 Page 4 of 74 STAFF RECOMMENDATION: Staff has recommended denial of CU-2003-AR-4647 based on staffs finding that the petition is not consistent with the Growth Management Plan, due to the applicant's inability or unwillingness to provide a penn anent conservation easement. Should this issue be successfully resolved, staff recommends that the petition be subject to the twenty-four conditions attached to the Resolution in Exhibit "0". PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review Executive summary/CU-2003-AR-4647 Page 4 of 4 ttem Number: Item Summary: Meeting Date: Agenda Item No. 7A January 10, 2006 Page 50174 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A This petition requires that partIcipants be sworn in and ex parte disclosure be provided by Commission members CU-03-AR-4647: Mitchell D. House, represented by Donald J Murray, AICP, and Coastal Engineering Consultants, Inc., is requesting a CondiHonai Use 10 allow fer the establishment of an eco-tourlst facility in the Rural Agricultural-Area of CI"itical State Concem/Special Treatment Overlay (A-ACSClSn zoning dislrict pursuant to Section 204.03, Table 2, of the Collier County Land Development Code, The subject property is located approximately of a mile west of S.R. 29, on the north side of U.S 41, in Section 25, TownshIp 52 Soutt\ Range 2Ø East. Collier County, Florida 1/10/2:0069:00:00 AM Principal Planner Date Prepared By Heidi Williams Community Development & Environmental Services Zoning & Land Development Review 12/15/200512:37:15 PM Constance A. Johnson Date Approved By Community Development & Environmental Services Operatìons Analyst Community Development & Environmental Services Admin. 12/15!2005 3;26 PM Marjorie M. Student Assistant County Attorney Date Approved By county At10rney county Attorney Office 12/16/200510:10 AM Appro',ed By Date Sandra Lea Executive Secretary Community Development & Community Development & Environmental Services Environmental Services Admin. 12/16!2005 10:12 AM Approved By Chief Planner Date Ray Bellows Community Development & Environmental Services Zoning & Land Development Review 12/16-l200510:44AM Norm E. Feder, AICP Transportation Divìsion Administrator Date Approved By Transportation Services Transj)ortatíon Services Admin. 12/19(20052:03 PM Donald L. Scott Transportation Planning DIrector Date Approved By Transportation Services Transportation Planning 12/19/20053:03 PM Zoning & Land Development Director Date Approved By Susan Murray, AICP Community Development & Environmental Services: ZDníng & Land De-velollment Review 12/20/20058:21 AM Approved By Date Joseph K. Schmitt Community Development & Environmental Services Community Development & Environrnantal Services Adminstrator Community Development & Environmental Services Admin. 12/21/20056:59 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 12/22/20059:34 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 12122/2005 11 :06 AM Michael Smykowski MlJ"a~ment & Budget Director Date Approved By County Manager's Office Office of Management & Budget 12/27/20053;31 PM James V. Mudd Coun1y Manager Date Approved By Board of County Commissioners County Manager's Office t2127f2005 4:12 PM AG~~~~\f~ þ.¡o. 7A ~. u-''Jétrt\.tm'9 'TL},- 2006 Page 6 of 74 Co~r County '-- --~ - SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNmG COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION DATE: OCTOBER 20, 2005 RE: PETITION: CU-2003-AR-4647, JAN'S TRAMS SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission was originally scheduled to hear the proposed Quail n PUD Amendment at its September 15, 2005 meeting. The continuance was necessary due to the Environmental Advisory Council (EAC) requesting that additional environmental studies be made by the applicant prior to making their recommendation. The agent performed the additional studies that were requested and will be re-heard by the EAC on October 5th. The Department of Zoning and Land Development Review staff recommendation for denial due to inconsistency with the Growth Management Plan remains the same. The GMP requires that the applicant provide a permanent conservation easement to mitigate for impacts to land in this area, which the applicant is unwilling or unable to do since he leases the land for which this use is proposed. ATTACHED INFORMATION: The Staff Report prepared for the September 15, 2005 Plann;ng Commission meeting is attached. In addition, the original Environmental Impact Statement and information provided by the applicant due to the EAC action are attached. The findings of the EAC will be presented to the Planning Commission at the hearing. PREPARED BY: ~~ . . . HE K, WILLIAMS, PRJNCIP AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: WS, ZONING MANAGER DEPAR NT OF ZONING AND LAND DEVELOPMENT REVIEW SUS MURRA. Y, AICP, DIRECTO D ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: Petition CU-2003-AR-4647 COLLIER COUNTY PLANNING COMMISSION: . CHAIRMAN q/'2J:)/OS DATE ~ /2..3( oS- DATE ~?6h5 DA E Cj/3?/or . DATE ¡{ir~- DATE 2 Agenda Item No. 7 A January 10, 2006 Page 7 of 74 AGENff[1d,.;Wí;~!Jl~. 7 A ~1j é7!l006 Page 8 of 74 cáT County - ",- ~--- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 15, 2005 SUBJECT: PETITION CU-2003-AR-4647, JAN'S TRAMS PROPERTY OWNER/AGENT: OWNER: Collier Development Corporation 3003 North Tamiami Trail, Suite 400 Naples, FL 34103 LESSEE: Mitchell D. House P.O. Box 402 Everglades City, FL 34139 AGENT: Donald 1. Murray, AICP Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 REQUESTED ACTION: Mitchell D. House, represented by Donald J. Murray, AICP, of Coastal Engineering Consultants, Inc. requests approval of a Conditional Use to allow an eco-tourist facility to be operated within the Rural Agricultural-Area of Critical State Concern/Special Treatment Overlay (A-ACSC/ST) zoning district, pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code on a 1,077± acre site. The applicant intends to apply the CU to 142.21 acres of the leased parcel. Staff has incorporated information into this staff report not included in the petitioner's application or re-submittal materials to expedite the hearing process. GEOGRAPHIC LOCATION: The subject property is located approximately % of a mile west ofS.R. 29, on the north side of u.s. 41. The leased property comprises 1,077± acres, although the applicant proposes to utilize only a small portion of the site. The subject property is located in Sections 24 and 25, Township 52 South, Range 29 East, Collier County, Florida. CU-2003-AR-4647 September 15. 2005 : Page 1 of 14 «CD'<" ~;s:: .¡ 0 ..5Cj) t: '""" Q) ø>,CJ) ==i-CO ct!ct!Q.. ëJ;2 c:- Q)~ 0) « ..... "' - / - ~ u u 6~ ·If'S :; o! iii i a! <J :II .. '" ÿ '" ... .!. /: /: B B ~ ~ ~æ Dz ~6" . CO') CI CI N , ::3 () 'II: Z o .... ¡:: W 11. a.. « ~ z o - ~ « () o ...J " Agenda Item NO.7 A January 10, 2006 Page 10 of 74 PURPOSEIDESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for an eco-tourist facility within the Rural Agricultural- Area of Critical State Concern/Special Treatment Overlay (A-ACSC/ST) zoning district~ pursuant to Section 2.04.03~ Table 2 of the Collier County Land Development Code on a I ~077± . acre site. The applicant intends to construct an educational facility and operate airboat and bus tours on existing canals and trails. The conceptual site plan indicates the applicant will build a small building with a dock and will provide seven parking spaces. Proposed boat rides will be conducted in the canals that were dredged to obtain fill for the intersection of S.R. 29 and U.S. 41. The proposed land-based rides will be conducted on an existing logging trail. The subject property is approximately I ~077 acres; however~ the applicant intends t6 limit operations to fewer than 15 acres. The project area is described as 142.21± acres so that the project can be deemed consistent with the requirements of the Area of Critical State Concern. Access to the property will be from an existing entrance on U.S. 41. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: SURROUNDING: North: East: South: West: Undeveloped~ zoned A-ACSC/ST Undeveloped~ zoned A-ACSC/ST Undeveloped, zoned A-ACSC/ST Undeveloped, zoned A-ACSC/ST Undeveloped/landfill transfer station~ zoned A-ACSC/ST ZONING ATLAS·MAP 1- -MID'" 2-4' 130 - 19 CU-2003-AR-4647 September 15, 2005 Page 3 of 14 " Agenda Item No. 7 A January 10, 2006 Page 12of74 GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element: A portion of the subject property is designated Conservation and a portion is designated AgriculturallRural (AgriculturalfMixed Use District), and the entire site is within the Area of Critical State Concern (ACSC) overlay, all as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Agriculture/Rural Designation permits non-residential uses such as parks, open spaces and recreational uses and habitat preservation uses, and the Conservation Designation permits non-residential uses such as passive parks, recreation uses and habitat preservation and conservation uses. According to the FLUE, "all proposals for development within the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values" of the area. This provision would apply to Conditional Use petitions. In addition, the ACSC overlay regulations are as follows: A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (port of the Islands, Plantation . Island and Copeland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: -...., 1. Site Alteration a. Site alteration shall be limited to 10 percent of the total site size, and installation of non-permeable surfaces shall not exceed 50 percent of any such area. However, a minimum of2,500 square feet may be altered on any permitted site. b, Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. c. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper - (Shinus terebinthfolius) Melaleuca (cajeput) - (Melaleuca leucadendra spp.) Downy Rosemyrtle - (Rhodomytus tomentosa) -"', CU-2003-AR-4647 September 15, 2005 Page 5 of 14 Agenda Item No.7 A January 10, 2006 Page 13 of74 Earleaf Acacia - (Acacia auriculiformis) Catclaw Mimosa - (Mimosa pigra) Java Plum - (Syzygium cumini) d. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code, as amended. e. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50-year storm. Fill areas and related ponds shall not substari.tially retain or divert the total flow in or to a slough or strand or . significantly impeded tidal action in any portion of the estuarine zone, f. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or re-vegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defmed in Section 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. g. Finger canals shall not be constructed in the Critical Area. h. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. 2. Drainage a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in confonnance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. d, This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 3. Transportation CU-2003-AR-4647 September 15, 2005 Page 6 of 14 Agenda Item NO.7 A January 10, 2006 Page 14 of 74 a, Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or perfonnance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts, piling construction or perfonnance equivalent structures or systems. b. Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or perfonnance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. c. Transportation facility construction sites shall provide for siltation and run-off control through the use of settling ponds, soil fixing or performance equivalent structures or systems. 4. Structure Installation a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum lowest floor elevation permitted for structures shall be at or above the 100- year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J-l, Florida Administrative Code, "Development Order Requirements for Areas of Critical State Concern". Note: These same or very similar ACSC regulations exist in Florida Statutes, and exist in the LDC as a zoning overlay. It is incumbent upon the petitioner to provide the necessary data to determine compliance with these regulations. Comprehensive Planning staff defers to other County staff to determine compliance. FLUE Policy 5.4 requires that all new developments are compatible with and complimentary 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, and subject to a determination that this project is in compliance with all applicable ACSC regulations, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. (Staff review was of original petition, which included 1,021.68 acres.) GU-2003-AR-4647 September 15,2005 Page 7 of 14 Agenda Item NO.7 A January 10, 2006 Page 15 of 74 Conservation & Coastal Manaszement Element: Environmental Review staff supplied the following analysis of the petition: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers. and flow ways discharging into estuaries shall meet all applicable federal. state. or local water quality standards". To accomplish that. policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it will use dry detention to help recycle other nutrients and sediment from the project site. . The project as proposed cannot be found consistent with the Policies in Objective 6.1 and 6.2 of the Conservation and Coastal Management Element. Staff finds the following: Commercial Developments greater than 5 acres are required to retain 15 percent of the existing native vegetation on-site set aside as preserve areas with permanent conservation easements prohibiting further development. In addition to the above requirements, areas included in the Big Cypress Preserve Area of Critical State Concern Overlay, site alteration shall be limited to 1 0 percent of the total site size, and installation of non- penneable surfaces shall not exceed 50 percent of any such area. Selection of preservation areas must be consistent with the criteria listed in Policy 6.1.1. No preservation areas have been designated for this site. Furthermore, the applicant is unwilling to protect the required preserve areas with a permanent conservation easement. Habitat management and exotic vegetation removalJmaintenance plans are required at the time of Site Development Plan/Construction Plan submittal. The applicant has agreed to supply these at the time of Site Development Plan submittal. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. . Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. The County shall require appropriate agency permits prior to the issuance of a :final local development order permitting site improvements (Site Development Plan). As required by Policy 6.2.3, the development standards for the ACSC Overlay specify that site alterations shall be limited to 10 percent of the total site. Of the 142.21 acres total Conditional Use area, previous impacts to the site include the tram road, canals and filled areas near S.RA1. This area totals 14.22 acres. No. greater area of impact is proposed. No additional fill is proposed. The applicant proposes impervious surfaces on CU-2003-AR-4647 September 15. 2005 Page 8 of 14 Agenda Item No. 7 A January 10, 2006 Page 16of74 0.19 acres. Existing impacts are -9.9 percent of the project site and therefore, this Conditional Use is consistent with the ACSC requirements. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan/Construction Plan submittal. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Planning Commission must make findings (Exhibit "A") 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 Future Land Use Element of the Growth Management Plan (GMP), but is inconsistent with the Conservation and Coastal Management Element of the GMP. Along with the conditions proposed by staff, this project will be in compliance with the LDC. The project will be in compliance with the LDC provided the conditions proposed by staff are adopted into the Resolution and adhered to by the developer. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will be provided through one existing entrance from U.S. Highway 41. An emergency vehicle turnaround will be provided on site for safety. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. If approved, the proposed use should have minimal impact on neighboring properties in relation to noise, glare, economic or odor effects. The proposed use is intended to have minimum impact on the land, and the subject site is relatively isolated from other uses due to the sensitive nature of the land in the Area of Critical State Concern (ACSC). The nearest uses are another eco-tourist facility located to the south, which is also operated by the applicant, and a gas station, visitors' center and Collier County Sheriff substation, all located to the southeast of the site at the intersection of S.R. 29 and U.S. 41. Copeland is located north of the subject property, but no impacts from this development should be felt by residents of this area. 4. Compatibility with adjacent properties and other property in the district. The proposed eco-tourist facility is compatible with the area due to its limited use, and focus on preservation of the natural state of the land. Since very little is developed in this area, and CU-2003-AR-4647 September 15, 2005 Page 9 of 14 Agenda Item No.7 A January 10, 2006 Page 17 of 74 not much could be permitted in the ACSC in the future, the proposed facility can be considered to be an appropriate use in this location. In addition to the above criteria, Section 4.02.02.BJ.c of the Land Development Code requires this use to meet the following conditions: 1. Permits or letters of exemption from the U.S. Anny Corps of Engineers, the Florida DEP, and the SFWMD shall be presented to the County Manager or designee prior to site development plan approval. 2. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. 3, The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. 4. Motor vehicles shall be equipped with engines, which include spark arrestors and mufflers designed to reduce noise. 5. The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be detennined by the Board of Zoning Appeals during the conditional use process. 6. Motor vehicles shall be permitted to operate during daylight hours, which means, one (1) hour after sunrise to one (1) hour before sunset. 7. Molestation of wildlife, including feeding, shall be prohibited. 8. Vehicles shall comply with state and United States Coast Guard regulations, if applicable. The Land Development Codes specifies that the BZA must determine appropriate limitations on the vehicles utilized for this Conditional Use. The applicant has requested that two vehicles and two boats be allowed to operate on site. The land vehicles would be one standard size former school bus and one short former school bus, with a combined passenger capacity of 60 people. The two boats proposed are pontoon boats with four-stroke outboard engines, each having a listed capacity of 30 people. Staff feels that this is a reasonable limitation, and supports the applicant's request. The applicant does not anticipate needing as much capacity as requested, but permitting this request will give him flexibility to run the operations with the vehicles he already owns. There are significant outstanding issues that have prevented the petition from moving forward, as follows: 1. The applicant leases the land from the owner and is unable or unwilling to provide a permanent conservation easement on the property. The GMP requires this conservation easement to be placed on the land in consideration of impacts to other areas. The County Attorney's Office has opined that a permanent easement is the only acceptable easement allowed. 2. The project boundary has been displayed inconsistently on application materials. The applicant wishes to reduce the project site ftom the entire leased area to a much smaller area to reduce the fees owed for the Special Treatment permit that is required. A Conditional Use may be placed on a smaller area, but the applicant must provide a legal description so that it can be mapped on the Zoning Atlas and accurately described in the Resolution of Adoption. The applicant has provided additional information since the last re-submittal to clarify the project area as approximately 142 acres, but no legal CU-2003-AR.-4647 September 15. 2005 Page 10 of 14 Agenda Item No. 7 A January 10, 2006 Page 18 of 74 description of this area has been made provided to staff. 3. The calculations required by the GMP must be provided to show compliance with the ACSC impact limitations. As discussed above, "site alteration shall be limited to 10 percent of the total site size, and installation of non-permeable surfaces shall not exceed 50 percent of any such area." Staff was provided with adequate materials with which to calculate these impacts only after the petition had been scheduled for hearings. Several of the review comments had asked for these materials, along with the request for consistent diagrams of the proposed area of use. 4. The applicant has an ST permit application being reviewed by Environmental Planning staff concurrently with the CD petition. The first review comments were sent via fax to Vincent Cautero, formerly the agent for the applicant, one day after the review was completed, on July 14, 2004, despite claims by the current representative that he never received them. The materials recently provided by the current agent should address the ST permit rejection comments by staff. Based on the general information the applicant has provided, it appears as if the proposed Conditional Use could be an appropriate use of the subject site, however, the agent for the applicant must provide sufficient information to proceed with the project in this environmentally significant area, as well as rectify the inability to provide a permanent conservation easement to the County. EAC RECOMMENDATION: The Environmental Advisory Council will review this petition on September 7, 2005. An update of their findings and recommendation will be provided to the CCPC at the September 15, 2005 hearing. NEIGHBORHOOD INFORMATION MEETING: The applicant held the required meeting on November 25, 2002 at 6:00 p.m. at the Everglades City Airboat Tours, 31000 U.S. 41 South. Three people attended, in addition to the agent's team and County staff. Issues discussed at the meeting included: birds in the finger canals; navigation issues; a full explanation of the proposed use of the property; and the potential that the Florida Department of Transportation would require a traffic caution light at the project entrance. Residents in attendance sought reassurance that the applicant would seek all required permits to operate the proposed business. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend denial of Petition CU-2003-AR-4647 to the Board of Zoning Appeals due to inconsistency with the GMP. If the applicant can agree to provide a permanent conservation easement, then staff could recommend approval subject to the following conditions: 1. Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida DEP, and the SFWMD shall be presented to the County Manager or designee prior to site development plan approval. CU-2003-AR-4647 September 15,2005 Page 11 of 14 Agenda Item NO.7 A January 10, 2006 Page 19 of 74 2. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. 3. The petitioner shall utilize only 'trails identified and approved on the site development plan. No new trails shall be established. 4. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. The petitioner will provide a statement and/or repair bill from a licensed auto mechanic certifying that the vehicles in use comply with the defined criteria within 30 days of approval, 5. Vehicular use shall be limited to two buses with a combined passenger capacity of60 people, and two pontoon boats, equipped with 4-stroke outboard engines, with a combined passenger capacity of 60 people. 6. Motor vehicles shall be permitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset. 7. Molestation of wildlife, including feeding, shall be prohibited. 8. Vehicles shall comply with state and U. S. Coast Guard regulations. 9. The applicant shall provide a minimum of a 19.2-acre permanent conservation easement dedicated to Collier County, in a location based on the GMP and LDC preserve ranking criteria, to be reviewed and approved by the Office of the County Attorney prior to Site Development Plan (SDP) approval. The easement must be recorded within 90 days of SDP approval, or before the proposed building is granted a Certificate of Occupancy, whichever comes first. CU-2003-AR-4647 September 15, 2005 Page 12 of 14 Agenda Item No.7 A January 10, 2006 Page 20 of 74 PREP ARED BY: ~1eß:~IP~PLANNER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 6£q /05 ~ DATE REVIEWED BY: ~~~~~~ ASSISTANT COUNTY AITORNEY B/z310S DATE RAYMONDV.B S,MA AGER DEPARTMENT ZONING AND LAND DEVELOPMENT REVIEW 8~3 LOb D A:.TE ~~ SUSAN MURRAy, AlCP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW r¡ jz--1 ~C DArt APPROVED BY: rþ1k.s H K. SCHMI ADM TRATOR I DATE ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMJSSION: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the September 15,2005 Collier County Planning Commission Meeting Tentatively scheduled for the October 11, 2005 Board of County Commissioners Meeting Attachments: A. B. r C. Findings of Fact .p!oj ~~t ~e~ ~~P._ Petition Timeline CU-2003-AR-4647 September 15,2005 _n______ uu..,____ Agenda Item No. 7 A January 10, 2006 Page 21 of 74 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4647 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A, Consistency with the Land Development Code and Gt'Owth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in ~e district: Compatible use within district Yes No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: CHAIRMAN: EXHIBIT A Agenda Item No.7 A January 10, 2006 Page 22 of 74 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4647 The following facts are found: 1. Section 2.04.03. Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control. and access in case of fire or catastrophe: Adequate ingress & egress .t'" Yes No C. Affects neighboring properties in relation to noise. glare. economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings. this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE:- MEMBER: EXHIBIT A .-...;...- ,: ~ L -.~j; " I ~. ¡; I ( I t') Q ~!n: ¿<. lY 0.. ¿' (f) Lj'ld rr-C:: ~.L:? . . Q' , iii';::: <,..... Lc.IO .J -- " ~ -. , , I I !.--.J - ~'o....... .... -- -"- .:,! IL i <i.... IY:"' 1-,0 C!:: <.:;J z·...... 0;; ;:< ~- ~ <:1 :<.:. ¡:- (/: v W " ........:.........: '~. "~~'o.Jo.;:.,::. -' -' ~L ~ 7' ¡- "" ~~~ IV <:.~I D '-..JW W7c.;, ,:><;.- ()'7'> r~ IJ-J () f1 (~, I- fY r~ .¿ L c.. (:) ~:~~t~ ,"':';... ~'~,,,'t... "~ ,t-:-..:- .. ----~ '. .~ " '- I ~,C~ ~ c.: Z .'"~ <::t~ t- C) .- l"; V'~ w> .....,....7 O¿:¿. c.:::;6 n, C1J- () ú"'J l:... Lj o '7 IZ < .~) l- Ll::. « (' (_. o 7: .....~'-~~-;.~~-. 0+' ~ " U) t-. ~ '" ", 'I) {~~ ~'~ ......... 'fJ ~t I.I.J 0' H o {" ",' -1 [~,II " " V>"'" e ~ 0 f' ~ - {.; _ ii CI' W cr o ·Ii ç. "" ""' ,., B~ t t p I ¡: .p .r} r ~: [,) !i t) ('1:1 U'I Y ~~ 5 I!;¡:: .£ It :-,1 () I ,^' <.> ~: tJ P P. c ~. 11 :=; ~ 'i: o. n r.: 0 ' ~ ,;) ~ ¡.~ :~~ 15 !'~J t"1 I) r~ ::;: o " .., ~.. .,.. .~) ,p ~Š - e ,~) ::. ~ ~ ~ r- "I Co v u .~ ~ <r ~ "l ....J <[ L ..-:r~ ü'-:, (:> ,) L r~ c..r}~ XC.) '1...;..16 " if ,Ir r: >-...:;, ,.~ ~ /. lì¡~"~~+ ~./ -"" L- (.....~ .1 r_) ~ ..... ,;t' <" t, ¡ ~ r5 J <> l ~ /' U- ,/. ~ ~! .,' ¡~ { {' " " p .... (' ~~ ~f 0·,· ~:~ ;:; , (i'1 "... ~. ~, ".......1.' "., ~,;.r~ . ~ ~ 'J) ;..~. ,() U ~¿ "' !':1 -. ~ C) a c.' ..I to, r,:" "1,.,'" .. ....,J U 'n ~, U~ r~' In .... r) ....; L.. 0- n.. ~.n (,J U '" <' ~( ll: () -II II " <; .n 11"; II "" .- ¿ ¿ ~j G , " II ~ ~: ~J ? <! :r; ~ l' " ~ t; P !.L; t ç t v \I, ~. ~.§ .b ~ .. i: ~ .~ ~~ f ù ~ Agenda Item No. 7 A January 10,2006 Page 24 of 74 PETITION TIMELINE MEMO EXHIBIT "C" CU-2003-AR-4647; JAN'S TRAMS Concern has been expressed by the applicant about the duration of the review of this petition. The following is a brief outline of the case history. The Conditional Use petition was found to be sufficient for review on August 27, 2003, when submitted by Vincent Cautero, AICP, of Coastal Engineering Consultants, Inc. The first staff review comment letter was sent to the applicant on January 20, 2004 by former Principal Planner Fred Reisch!. Mr. Cautero re-submitted the petition to former Principal Planner Michele Mosca on May 28, 2004. This review was completed with a second reject letter, which was sent by Mr. Reisch! on August 4, 2004. Donald 1. Murray, AICP, of Coastal Engineering, Inc. sent the second re-submittal to former Principal Planner Robin Meyer on February 17, 2005. In May, after a new County planner was assigned to the project, the petitioner was once again infonned that there was not enough information provided for Environmental Planning to review the petition and schedule it for hearings. It was discovered at this time that the February 2005 re- submittal had not been processed and immediate actions were taken to distribute the materials for review. In a meeting with the applicant, it was discussed that the petition still lacked enough information to be found sufficient. A third rejection comment letter was sent to the applicant on June 21, 2005 by Princi~al Planner Heidi Williams. This was followed by a 3rd re-submittal by Mr. Murray on July 15 , 2005, containing a request for hearing dates to be scheduled. Staff responded on July 22nd with tentative hearing dates, noting that staff did not feel the petition was complete. The Environmental Advisory Council hearing was scheduled for September 7th; the Collier County Planning Commission hearing was scheduled for September 15th; and the Board of County Commissioners meeting was scheduled for October 11 th, 2005. Overall, County staff and the agent for the applicant have each been in possession of the petition for approximately the same amount of time. Each side of the review process experienced delays due to staffing changes. Repeated staff requests for consistent review materials were not addressed by the applicant. Omitted materials were not submitted. Despite the efforts of staff to explain in writing and in person, appropriate information has not been supplied by the applicant to support the petition. Usually petitions are not scheduled for public hearings until staff is provided with adequate information by the petitioner. In this case, the applicant insisted that the petition move forward despite the incomplete status of the information provided to staff. After the hearings were scheduled agents for the applicant informally provided material requested. CU-2oo3-AR-4647 September 15, 2005 Page 14 of 14 --_._- - - -_._.- ;, ....... Agenda Item NO.7 A ..J.anll§~ 10, 2006 AGENDA Ilt..!Vþa~ 25 of 74 ~ . . .. .. .. ., . . .., '. .. . , :. , . '. . , ". . . , . . :. ':. ,.. - .;' ..... ,',.' ,.:' ,. :: ,. ,....... : .".. . , ... '"'''''''' ·.··.co·" ........... .... ..8¥.. ···.CO..'.·" .. H·."·· .]4. ·ty·. ,.. '.' :::: .::. ..., :. :'..: :'.. . . .,.....",.. .........,~~........~.. ., ... . '.,. , .. SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: NOVEMBER 17, 2005 RE: PETITION: CU-2003-AR-4647, JAN'S TRAMS 2ND SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Còmmission was scheduled to hear the proposed Jan's Trams Conditional Use petition at its October 20, 2005 meeting. The CCPC hearing was cancelled, which necessitated that this petition be re-advertised and rescheduled for the November 17th meeting. EAC RECOMMENDATION: The Environmental Advisory Council, with an 8-0 vote, recommended approval of the petition on October 5, 2005, subject to the following stipulations: 1. No new improvements shall be made to the logging trail that will be utilized by the eco-tours; 2. There shall be no trimming of the oak trees in the hardwood hammock located at the end of the logging trail; 3. The applicant shall relocate any listed species in impacted portions of the canal area to areas that will not be impacted; 4. Educational information shall be provided during tours; 5. The owner shall use a licensed mangrove trimmer for any necessary trimming; 6. The applicant shall remove all the exotic species from the tour areas; and, 7. There shall be a record ofweeldy inspections of the vehicles for oil leakage. These stipulations have been incorporated into Exhibit D of the Resolution. RECOMMENDATION: The Department of Zoning and Land Development Review staff recommendation for denial due to inconsistency with the Growth Management Plan remains the same. The GMP requires that the applicant provide a penn anent conservation easement to mitigate for impacts to land in this area, which the applicant is unwilling or unable to do since he leases the land for which this use is proposed. ~-_._-~- PREP ARED BY: ~?{~- , HEIDI K. WILLIAMS, PRINCIPAL PLANNER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ~~~ . 1m - .. MARJORIE . STUDENT-STIRLING . ASSISTANT COUNTY ATTORNEY S, ZONING MANAGER DEP AR OF ZONING AND LAND DEVELOPMENT REVIEW ~Lft1.,~ ,8USAN MURRAY, AICP~ DIRECT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: K. SCHMITT, ADMINIS CO ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: MARK STRAIN, CHAIRMAN 2 I Ô(?-O/O S- DATE /O/5fMS- DATE /1-/-05 DATE 11-1-05 DATE II '" ~ -¿U.'- DATE DATE Agenda Item No. 7 A January 10, 2006 Page 26 of 74 Agenda Item NO.7 A January 10, 2006 Page 27 of 74 Item VLB. ENVIRONMENTAL ADVISORY COUNCIL ST AFF REPORT MEETING OF September 7. 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: CU-2003-AR-4647 ST-2003-AR-5993 Jan's Trams Conditional Use & Special Treatment Permit Mitch House of Sandbillies Inc. D.B.A. Jan's Trams Coastal Engineering Consultants, Inc. EarthBalance Petition Name: ApplicantJDeveloper: Engineering Consultant: Environmental Consultant: II. LOCATION: The subject property is located approximately % of a mile west of S.R. 29, on the north side of U.S. 41. The leased property comprises I,077± acres, although the applicant proposes to utilize only a small portion of the site. The subject property is located in Sections 24 and 25, Township 52 South, Range 29 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The proposed project area is surrounded by undeveloped, environmentally- sensitive land. A short distance to the east, as the intersection of S.R. 29 and U.S. Highway 41 there are a gas station with convenience store, a visitor's center and a Collier County Sheriff substation. North of the property is Copeland and the Fakahatchee Strand State Preserve. The entire area is contained within the Area of Critical State Concern. ZONING DESCRIPTION North: East: South: West: A-ACSC/ST A-ACSC/ST A-ACSC/ST A-ACSC/ST Undeveloped land Undeveloped land Undeveloped land Undeveloped land, landfill transfer station IV. PROJECT DESCRIPTION: EAC Meeting Agenda Item NO.7 A January 10, 2006 Page 28 of 74 Page 2 of 12 The proposed Conditional Use petition seeks to allow an eco-tourist facility to be operated on the subject site. The applicant intends to construct an educational facility and operate boat and bus tours on existing canals and trails. The applicant has requested that two vehicles and two boats be allowed to operate on site. The land vehicles would be one standard size former school bus and one short former school bus, with a combined passenger capacity of 60 people. The two boats proposed are pontoon boats with four-stroke outboard engines, each having a listed capacity of 30 people. The conceptual site plan indicates the applicant will build a small building with a dock and will provide seven parking spaces. Proposed water rides will be conducted in the canals that were dredged to obtain fill for the intersection of S.R. 29 and U.S. 41. The proposed land-based rides will be conducted on an existing logging trail. The subject property is approximately 1,077 acres, however, the applicant intends to limit operations to approximately 14.22 acres. Access to the property will be from an existing entrance on U.S. 41. The conditions of approval, as required by Section 4.02.02.B.3.c of the Collier County Land Development Code, shall be as follows: 1. Permits or letters of exemption 1Tom the U.S. Army Corps of Engineers, the Florida DEP, and the SFWMD shall be presented to the County Manager or designee prior to site development plan approval. 2. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. 3. The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. 4. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. 5. The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the Board of Zoning Appeals during the conditional use process. 6. Motor vehicles shall be permitted to operate during daylight hours which means, one (1) hour after sunrise to one (1) hour before sunset. 7. Molestation of wildlife, including feeding, shall be prohibited. 8. Vehicles shall comply with state and United States Coast Guard regulations, if applicable. EAC Meeting Agenda Item NO.7 A January 10, 2006 Page 29 of 74 Page 3 of 12 Zoning staff will recommend approval of the applicant's requested limitations on vehicle use for point 5. Staff will also stipulate that a permanent conservation easement be provided v. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: A portion of the subj ect property is designated Conservation and a portion is designated Agricultural/Rural (Agricultural/Mixed Use District), and the entire site is within the Area of Critical State Concern (ACSC) overlay, all as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Agriculture/Rural Designation permits non-residential uses such as parks, open spaces and recreational uses and habitat preservation uses, and the Conservation Designation permits non-residential uses such as passive parks, recreation uses and habitat preservation and conservation uses. According to the FLUE, "all proposals for development within the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values" of the area. This provision would apply to Conditional Use petitions. In addition, the ACSC overlay regulations are as follows: A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: 1. Site Alteration a. Site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. b. Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. c. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off _._---~-,---~-^ -, EAC Meeting Agenda Item No. 7 A January 10, 2006 Page 30 of 74 Page 4 of 12 and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper - (Shinus terebinthfolius) Melaleuca (cajeput) - (Melaleuca leucadendra spp.) Downy Rosemyrtle - (Rhodomytus tomentosa) Earleaf Acacia - (Acacia auriculiformis) Catclaw Mimosa - (Mimosa pigra) Java Plum - (Syzygium cumini) d. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code, as amended. e. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone. f. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. g. Finger canals shall not be constructed in the Critical Area. h. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. EAC Meeting Agenda Item No. 7 A January 10, 2006 Page 31 of 74 Page 5 of 12 2. Drainage a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in confonnance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or perfonnance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or perfonnance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 3. Transportation a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or perfonnance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts, piling construction or perfonnance equivalent structures or systems. b. Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or perfonnance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. c. Transportation facility construction sites shall provide for siltation and run-off control through the use of settling ponds, soil fixing or perfonnance equivalent structures or systems. 4. Structure Installation a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum lowest floor elevation pennitted for structures shall be at or above the 100- year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. EAC Meeting Agenda Item NO.7 A January 10, 2006 Page 32 of?4 Page 6 of 12 All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J-l, Florida Administrative Code, "Development Order Requirements for Areas of Critical State Concern". Note: These same or very similar ACSC regulations exist in Florida Statutes, and exist in the LDC as a zoning overlay. It is incumbent upon the petitioner to provide the necessary data to determine compliance with these regulations. Comprehensive Planning staff defers to other County staff to determine compliance. FLUE Policy 5.4 requires that all new developments are compatible with and complimentary to the surrounding land uses. The Comprehensive Planning Department leaves this determination to the Zoning and Land Development Review Dept. staff as part of their review of the petition in its totality. Based upon the above analysis, and subject to a determination that this project is in compliance with all applicable ACSC regulations, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. (Staffreview was of original petition, which included 1,021.68 acres.) Conservation & Coastal Manaeement Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards" . To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it will use dry detention to help recycle other nutrients and sediment from the project site. The project as proposed is not consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reason: Commercial Developments greater than 5 acres are required to retain fifteen percent (15 %) of the existing native vegetation on-site set aside as preserve areas EAC Meeting Agenda Item No. 7 A January 10, 2006 Page 33 of 74 Page 7 of 12 with pennanent conservation easements prohibiting further development. Selection of preservation areas must be consistent with the criteria listed in Policy 6.1.1. No preservation areas have been designated for this site. Furthennore, the applicant is unwilling to protect the required preserve areas with a pennanent conservation easement. Habitat management and exotic vegetation removal/maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. The applicant has agreed to supply these at the time of Site Development Plan submittal. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. The County shall require appropriate agency pennits prior to the issuance of a final local development order pennitting site improvements (Site Development Plan). As required by Policy 6.2.3, areas included in the Big Cypress Preserve Area of Critical State Concern Overlay, site alteration shall be limited to 10% of the total site size, and installation of non-penneable surfaces shall not exceed 50% of any such area. Of the 142.21 acres total Conditional Use area, previous impacts to the site include the tram road, canals and filled areas near S.RA1. This area totals 14.22 acres. No greater area of impact is proposed. No additional fill is proposed. The applicant proposes impervious surfaces on 0.19 acres or 1.3% of the area of impact. Impacts are 10% of the project site and therefore, this Conditional Use is consistent with the ACSC requirements. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan/Construction Plan submittal. VI. MAJOR ISSUES: Storm water Mana2'ement: This project is so small that the water quality concerns are easily handled on-site and it is located in such a remote area that water quantity concerns as related to neighboring properties are not an issue. _._---..._-----~_.. EAC Meeting Agenda Item No.7 A January 10, 2006 Page 34 of 74 Page 8 of 12 Site Description: Less than 1 % of the leased area is uplands, all of which is previously disturbed. The uplands have been cleared and filled to create a road for access to the transfer station located in the outparcel. The remainder of the lease area is primarily natural freshwater and saw grass marshes. Approximately 40 acres consists of mangrove swamp and manmade canals. Portions of this area have previously been fanned for row crops and subsequently silviculture. A FLUCFCS map detailing land use is contained as Exhibit 3 in the EIS. The Natural Resources Conservation Service (NRCS) soil map for the area identifies 8 soil types within the boundaries of the leased area. All of the soil types on site are hydric soils except for the Urban land-Boca complex shown in the canal and fill area. A soil map is included as Exhibit 4 of the EIS. Wetlands: According to the EIS, a total of 1070 acres of SFWMD jurisdictional wetlands are on the leased site. Approximately 140 of the 142.21 acre Conditional Use area are wetlands. The applicant proposes minimal impacts to the wetlands. No fill is to be added to the tram route and only removal of exotic vegetation and pruning for safe passage of the pontoon boats is proposed in the mangrove area. A maintenance plan for the mangrove area will be required as part of the SDP and all State approvals/pennits will be required prior to SDP approval. Mangrove trimming pennits shall be obtained prior to work on site. As part of the SDP review, staff will consult with SFWMD and U.S. Anny Corps of Engineers to detennine if any pennits will be required for driving the buses on the tram road. Any required agency pennits shall be submitted to County staff for review and approval prior to SDP approval. Preservation ReQuirements: Policy 6.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan requires fifteen percent (15 %) of the existing native vegetation on-site to be retained and set aside as preserve areas with pennanent conservation easements prohibiting further development. Approximately 127.99 acres of the Conditional Use area qualify as native vegetation. Therefore a minimum of 19.2 acres of retained native vegetation should be set aside as preserve area and protected by a permanent conservation easement as required by this policy. The EAC Meeting Agenda Item No.7 A January 10, 2006 Page 35 of 74 Page 9 of 12 applicant did not identify this area and has not agreed to protect required preserves by a pennanent conservation easement. Listed Species: This project area lies within Primary and Secondary Florida Panther zones. The United States Fish and Wildlife Service (FWS) has provided recommendations in a letter of technical assistance dated November 1, 2004. In order to minimize adverse effects and impacts to the panthers and their habitat, offsite preservation and enhancement of panther habitat may be required. Any required mitigation will be addressed prior to SDP approval. The FWS has detennined that this project site lies within an 18.6-mile core foraging area around a known wood stork colony. The FWS recommends that no human activity should occur within 300 to 750 feet of foraging and roosting habitats. This site is outside the boundary of all colonies and both the primary and secondary zones. FWS recommends wetland impacts be minimized. Staff has detennined that wetland impacts have been minimized as proposed by the applicant. A complete list of protected species observed on site is included in Appendix A, Table 4 VII. RECOMMENDA TIONS: En2ineerim!: All applicable pennits must be obtained from State and Federal agencies prior to SDP approval. Environmental: Environmental staff recommends denial of Conditional Use No. CU-2003-AR- 4647 "Jan's Trams CD" and Special Treatment Penn it No. ST-2003-AR-5993. This recommendation is based on the following GMP criteria: The requirement of designating native vegetation retention areas and protecting those preserve areas with a pennanent conservation easement to prohibit further development has not been fulfilled. The applicant has not designated required preserve areas and has -- <~~'-_._".,----_.,,_.. EAC Meeting Agenda Item No.7 A January 10, 2006 Page 36 of 74 Page 10 ofl2 not agreed to protect the areas with a pennanent conservation easement. If the applicant agrees at this hearing to designate appropriate preserve areas and to protect the preserve areas with pennanent conservation easements, staff would recommend approval of this Conditional Use and Special Treatment pennit with the following stipulations: 1. This Conditional Use and ST Pennit shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final SDP approval. 2. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services staff for review and approval prior to SDP approval. 3. Upon submittal of the SDP petition, copies will be sent to the USFWS and FFWCC for their review and comment. They will be allowed 30 days to submit their letters of technical assistance to staff. Staff will use applicable stipulations from these agencies, in their review and approval of the Site Development Plan for this project. 4. Wetland pennitting as required by State and Federal agencies shall be required prior to SDP approval. 5. Any pruning of mangroves on site shall comply with the Florida Department of Environmental Protection's requirements. 6, The ST pennit is subject to a forty-five (45) day appeal period by the Florida Department of Community Affairs. EAC Meeting Agenda Item No. 7 A January 10, 2006 Page 37 of 74 Page 11 of 12 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUSAN MASON DATE SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT HEIDI K. WILLIAMS DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Agenda Item NO.7 A January 10, 2006 Page 38 of 74 Page 12 of 12 REVIEWED BY: BARBARA. S. BURGESON PRINCIP AL ENVIRONMENTAL SPECIALIST DATE WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE SUSAN MURRAY, AICP DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW STEVEN GRIFFIN ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Agenda Item No.7 A January 10, 2006 Page 39 of 74 APPLICA TION FOR PUBLIC HEARING FOR: CONDITIONAL USE _..n._____ __.__ __'__n' ____________ _. Petition No.: Date Petition Received: CU-2003-AR-4647 PROJECT #2002070049 DATE: 8/27/03 Planner Assigned: FRED REISCHL Commission District: ABOVE TO BE COMPLETED BY STAFF 1 . General Information Name of Applicant(s) Mitchell D. House Applicant's Mailing Address P.O. Box 402 City Everglades City State Florida Zip 34139 Applicant's Telephone # 239-695-4637 Fax # 239-695-1076 Applicant's E-Mail Address:Sandbillie@aol.com Name of Agent Vincent A. Cautero, AICP Finn Coastal Engineering Consultants, Inc. Agent's Mailing Address 3106 South Horseshoe Drive City Naples State Florida Zip 34104 Agent's Telephone # 239-643-2324 Ext. 120 Fax # 239-643-1143 Agent's E-Mail Address:Vcautero@cecifl.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE _ 4/14/03 _.._~~~ Agenda Item No.7 A January 10, 2006 Page 40 of 74 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 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: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: N/A City N/A City State _ Zip Mailing Address Name of Civic Association: Mailing Address State _ Zip 2 . Disclosure oflnterest Information: a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 .._------~_.-.._-,...- Agenda Item No. 7 A January 10, 2006 Page 41 of 74 b. If the property is owned by a CORPORA nON, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Collier Development Corporation 3003 North Tamiami Trail Suite 400 Naples, FI. 34103 Thomas J. Flood (PD) Jeffrey M. Birr (V) Miles C. Collier IT (COCD) Barron G. Collier IT (COCD) Robert D. Corina (VST) Michael Taylor (V) Percentage of Stock N/A c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d, If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Pe~entageofOwne~hip Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE _ 4/14/03 --._~.~.- -- . ...- Agenda Item No.7 A January 10, 2006 Page 42 of 74 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 () leased (X): 7/1/02 Term ofleasl 5 @/mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed leeal description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 II 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: 24 & 25 Township: 52S Range: 29E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 01135240006 & 01135320007 Metes & Bounds Description: 24 52 29 all E and W of ACL; 25 52 29 all W SR 29 and north of US-41, less RlW, RIR, canals + previously deeded less OR 1401 PG 2319, less Transfer Site ft. = Total Sq. Ft. Acres 1021.68 4. Size of property: ft. X 5. Address/eenerallocation of subject property: North side ofUS-41 % of a mile west of SR 29. Sections 24 and 25 Township 52 S, Range 29 E North ofHighwayUS-41. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 -----... Agenda Item No.7 A January 10, 2006 Page 43 of 74 6 . Adiacent zonin!!" and land use: Zoning Land use N A-ACSC/ST Open Space; landfill transfer station - designated as Conservation S A-ACSC/ST Open Space - designated AgriculturallRural Mixed Use E A-ACSC/ST Open Space - designated Agricultural/Rural Mixed Use and Conservation W A-ACSC/ST Open Space and Airboat Ride facility and Conservation 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: 26 & 25 Township: 52 S Range: 29 E Lot: Block: S ubdi vision: Plat Book Page #: Property LD.#: 01135680006 & 01135320007 Metes & Bounds Description: 7. Tvpe of Conditional Use: This application is requesting conditional use # 23 of the Rural Agricultural Zoning district for (TYPE OF USE) Bco tourist recreational facility consisting oftramlbuggy rides on old logging roads. along with iungle boat rides. Present Use of the Property: mostly vacant: land fill. transfer station (owned and operated by Collier County). 8 . Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE _ 4/14/03 Agenda Item NO.7 A January 10, 2006 Page 44 of 74 a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include infonnation on how the request is consistent with the applicable section or portions of the future land use element): The Collier County LDC allows recreational facilities and their related modes of transportim! participants. viewers or patrons where applicable subject to all applicable federal. state. and local permits as a Conditional use in the Rural Agricultural (A) Zoning District. The LDC specifically states that tour operations. such as. but not limited to airboats, swamp bu~cies. horses and similar modes of transportation. shall be subject to the following: criteria: (1) Pennits or letters of exemption from the U.S. Armv C011's of Engineers. the Florida Department of Environmental Protection. and the South Florida Water Management District shall be presented to the planning services director prior to site development plan approval. (2) The petitioner shall post the propertY along the entire _ro_ line with no tres assin si s a roximatel ev 300 ards. 3 The petition shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. (4) Motor vehicles shall be eQuipped with en cines which include spark arrestors and mufflers designed to reduce noise. (5) The maximum size of any vehicle. the number of vehicles, and the passenger capacity of any vehicle shall be determined bv the board of zoning appeals during the conditional use process. (6) Motor vehicles shall be permitted to operate during davlight hours which means. one hour after sunrise to one hour before sunset. (7) Molestation of wildlife. including feeding. shall be prohibited. (8) Vehicles shall comply with State and United States Coast Guard regulations. if .:1icable. (9\ The board of zoning 'P1'ea1s sball review such. conditional use for tour o~rations. annually. If during: the review. at an advertised public hearing. it is detennined bv the board of zoning appeals that the tour operation is detrimental to the environment. and no adeauate corrective action has been taken bv the petitioner, the board of zoning appeals may rescind the conditional use. The propertY is desÜmated in two land use categories: AgriculturallRuraI Mixed Use District and Conservation. A large portion of the propertY is designated in Conservation. This category is designed to conserve and maintain the natural resources of Collier County and their associated environmental. recreational. and economic benefits. The applicant intends to utilize the propertY under lease for ecological and educational purposes. Mr. House intends to operate an ecotourist recreational facility consistin~ of tramlbUggy rides along old logging trails along with jungle boat rides. The tramlbUggy ride will be provided in an air-conditioned bus. The location for the ride alreadv exists from old logging and fann paths of approximately 2.5 miles through. swamp and trees of maple. mahogany. and cypress strands. The applicant intends to use approximately 3.4 - one mile of this area. At the end of the path. there is a hardwood strand that the customers can walk through. (approximatelv 50 vards) which leads to a four foot deep pond at a strand of cypress trees with lilies. willows. and turtles. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 7 A January 10, 2006 Customers will be able to not only view a portion of the western Everglades.lfflaewrilof 74 learn about its significance from tour guides, There already exists a maze of creeks and waterways from the di~eing of fill for the road bed many years aeo for the four comers of SR29 and US41. This area will be utilized for iunele boat rides to provide recreation and education about birds. fish. and marine habitat of the brackish water area. The Conservation designation allows passive recreational uses such as those described herein. These uses are intended to provide an economic benefit and protect natural resources of the County. The applicant intends to develop a small building (approximately 800 sauare feet). construct a boat dock for the iunele boat launch. and set aside an area for parking. Site alternation will be limited to well below the 10% limit as contained in Growth Management Plan - Area of Critical State Concern Overlay (ACSC)' All criteria contained within this section and in the LDC will be followed. It appears that the future land use designation of the building is in the Ae:ricultural/Rural Mixed Use District. The applicant's contention is that the building and boat dock are ancillary to the main use and will protect the integrity of this land use district bv remaining low intensity and maintaining and promoting the rural character of the area. This petition is consistent with. and furthers the provisions of policy 5.3 of the Future Land Use Element. bv using a conc~t known as ecotourism to protect environmentally sensitive areas while providing an economic and educational benefit to County residents and visitors. 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: An existing curb cut exists for the access road to the landfill transfer station. The applicant intends to construct a parking area and turnaround for buses. The only entrance/exit point will be provided on US41. The County was granted a "non-exclusive" easement for access to the transfer station and it is not intended to provide access onto County property. Inasmuch as the applicant will reauire pennission from Collier County to traverse County property to operate his business. Mr. House is in negotiations with County Solid Waste Department staff and the County Attornev's staff regarding various options. These include: (1) The County sel1ing a private restricted easement through the recycling center: (2) The County selling a restricted easement through the transfer station: or (3) The County selling a strip of land along the eastern border of the transfer station. roughly along the existing road. The last option appears to be the least problematic and is being pursued. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: During the construction phase of the proiect APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE _ 4/14/03 -~._,..,_.-..-~ Agenda Item No. 7 A January 10, 2006 · .' h· h . I I ·11 b . d 2aae 4ßt of 74 (bUIldIng. parkIng area.. etc). c anges In t e nOIse eve s WI e expenence . Unce tfie ~se is full~ operational. the noise ¡?:enerated by the trams and boats will not be greater than those of airboats which are also in use in the immediate area. No glare or noxious odors are anticipated. It is antici ated however that there will be a ositive economic im act to the Coun as well as Everglades City. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: This type of passive recreational use is compatible with the surrounding properties in that they are allowed in the Growth Management Plan and as a Conditional Use in the Rural Agriculture District. Similar uses exist nearby (Everglades Airboat Tours). The proposed uses do not promote urban sprawl and are consistent and compatible with those found in conservation areas. e. Please provide any additional information which you may feel is relevant to this request. The uses proposed are intended to create economic benefit while protecting the County's natural resources. These uses are ideal in that they are low impact. passive recreational uses that are compatible with surrounding uses. the future land use designation, and zoning district. 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 00 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 11. Additional Submittal reauirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8W' xII" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4114/03 · Agenda Item No. 7 A January 10, 2006 '. d/ d ki dl d· [' I d '. d,PaQe47 of 74 all eXIstmg an or propose par ng an oa mg areas mc u e matnx m Icarrng 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 preserv.e areas, · proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, · · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (ElS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall ~e 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 surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign (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. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE _ 4/14/03 "----'-,--...-.. CONDITIONAL USE APPLICATION SUBMITT AL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH PACKET! Agenda Item NO.7 A January 10, 2006 Page 48 of 74 APPLICATION REQUIREMENTS #OF NOT COPIES REQUIRED REOUIRED 1. Completed Application 20* .¡' 2. Copy of Deed(s) and list identifying Owner(s) and all 2* .¡' Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* .¡' 4. Pre-application notes/minutes 20* .¡' 5. Conceptual Site Plans (including (1) 8-112 X 11 copy) 20* .¡' 6. Environmental Impact Statement - (EIS) 4 .¡' 7. Aerial Photograph - (with habitat areas identified) 5* .¡' 8. Completed Utility Provisions Statement (with required 4 (included) .¡' attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 10. Historical & Archaeological Surveyor Waiver 4 .¡' Application 11. Copies of State and/or Federal Permits 4 .¡' 12. Architectural Rendering of Proposed Structure(s) 4 .¡' 13. Application Fee = $2000 - Data Conversion Fee;:;: $25 Fire Code Review Fee = $150 Check shall be made payable to: Collier County Board of Commissioners 14. Other Requirements - Public Information meetinf;! 1 .¡' minutes. attendance sheet. and audio tape . Documents required for Long-Range Planning Review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in 's submittal package. I understand that failure to include all necessary submittal information may result in the dela f processing of this petition. Applicant! Agent Signature $"- /.5""- 03 Date APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 7 A ~~10,2006 ©@Lf2'-11e 49 of 74 MISCELLANEOUS LEASE Revised 4/01 COMPANY CMC Heartlands (as a!ent for owner) LEASE NO. -ill LESSEE Mitchel! House COUNTY Collier ACRES 11.42.00 DATE EFFECTIVE July I, 2002 DATE EXPIRES .Tune 30. 2007 MISCELLANEOUS LEASE made this June 26. 2002, between CMC Heartlands (as a!ent for owner) of P.O. Box 1115, Immoknlee, Florida 34143 (Lessor) and Mitchel! House of P.O. Box 382, Ever!lades City. Florida 34139 (Lessee). Lessor leases to Lessee, and Lessee leases from Lessor, on and subject to the fonowing terms, promises and conditions, the foJlowing described Real Property in ColJier County, Florida, hereinafter referred to as the "leased premises": LeJ?al D....scription: (see attached map) Property Misc. Service Total Misc. See ~ ~ Ownership II S.T. Acres Acres Acres Acres 23 52 29 001 640.00 0.00 0.00 640.00 24 52 29 001 351.00 0.00 0.00 351.00 25 52 29 001 86.00 0.00 0.00 86.00 26 52 29 001 165.00 0.00 0.00 165.00 1242.00 0.00 0.00 1242.00 7 ~<-. . c/#~{\ Purpose: The purpose for which Lessee intends 10 use this property is: Lease For Swamp Buggy & Jungle Cruise LESSOR DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF THE SUITABIUTYOR FI1NESS OF THE LAND OR ITS APPURTENANCES FOR THE PURPOSES FOR WHICH LESSEE IS LEASING TIlE LAND. ARTICLE I - USE OF PROPERTY AND TERM OF LEASE. 1.01 Permitte£l!lli: Lessee shnll use the Leased Premises solely and exclusively for the pUI1'0se noted above. J .02 No Representation or Warranty Concerning Condition or Suitability of Li1nd: Lessee accepts the 1..'1!1<.t111 ¡is' . present condition ("As Is") without any representation or warranty by Lessor as to such condition. Lessee has had the opportunity to inspect the Land and finds it suitnble for its intended purpose. Lessor shall not be responsible for any visib1e or hidden defect or any future change in the condition of the Land. Lessor makes no representation or warranty, express or implied, as to the suitability or fitncss ofthc Land or its appurtcnances ror any use by Lessee. 1.03 Tenn: The term of this Lease commences July 1 ,2002, and ends June 30 , 20!!l, unJess sooner terminated under other provisions of this Lease. LESSOR and LESSEE agree that LESSOR may terminate this Agreement upon thirty (30) days notice by LESSOR to LESSEE. In such event that termination of this agreement is not due to any fault, violation or breach of LESSEE, LESSOR shan make a pro rata rebate to LESSEE based upon the number of Page I of 10 Agenda Item NO.7 A January 10, 2006 Page 50 of 74 unused months remaining during the paid up term of this Agreement ARTICLE II - RENT 2.01 Rent: (a) Lessee shan pay to Lessor the following rent, without setoff, deduction or counterclaim, at Lessor's address, the sum of $ 11,799.00 plus 6% sales tax S 707.94 totaling S 12,506.94 for the first year, payable as follows: All sums payable on or before the 30th day of Julv ' 20!11-and every year thereafter. The lease amount of the second thr~ugh fifth year shaH be as negotiated on an annnl basis. ARTICLE III - INSURANCE 3.01 Lessee's Obligation: Lessee agrees to and shaH, within fifteen (15) days from the date hereof, secure from a good and responsible company or companies doing insurance business in the State of Florida and maintain during the entire term of this lease, the following insurance coverage: Public liability insurance in the minimum amount of three million dollars, ($3,000,000), for loss from an accident resulting in bodily injury to or death of persons, and one mi1lion doHars, ($1,000,000), for loss from an accident resulting in damage to or destruction of property. 3.02 Additional Insureds: Lessee agrees that Lessor shall be named as an additional insured on the aforementioned policy of insurance. 3.03 Proof of Covera~e: Upon securing the foregoing coverages, the Lessee shall give the Lessor written notice thereof together with a certified copy of tl,., appropriate policies. 3.04 Protection A~ainst Cancellation: Proof must also be given by Lessee to Lessor, pursuant to paragraph 3.04 that each of the policies provided for in this article expressly provides that the policy shall not be cancelled or altered without thirty (30) days' prior written notice. 3.05 Lessee's Defanlt: If Lessee at any time during the term hereof should fail to secure or maintain the foregoing insurance, the Lessor shall be pennitled to obtain such insurance in the Lessee's name or as the agent of the defaulting Lessee and shall be compensated by the defaulting Lessee for the cost of the insurance premiums. The defaulting Lessee shall pay the Lessor on paid insurance premiums at the maximum legal rate of interest computed from the date written notice is received that the premiums have been paid, the same being sImple interest compounded annually. ARTICLE IV - UTILITIES AND WATER PERMITS Lessee shall, during the tenn hereof, pay all charges for telephone, electricity, sewage, where applicable, and water used in or on the leased premises and for the removal of rubbish, garbage and waste materials stored upon the leased premises. Lessee shall be responsible for obtaining and paying for all permits necessary for the utilization of the leased premises, IIlcluding but not limited to storage tank registrations, water permits, pesticide use pennits, bum permits, and waste removal permits. Such payments shall he made immediately on becoming due. Lessee shall further hold Lessor harmless from any liability arising out of Lessee's operations under these permits, failure to obtain such pem,its or failure to pay such perod! fees or charges. ARTICLE V - WASTE AND NUISANCE Lessee shall not commit, or suffer to be committed, any waste on the leased premises, nor shall he maintain, commit, or pem1it the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful pUI1'0se. Page 2 of 10 Agenda Item NO.7 A January 10, 2006 Page 51 of 74 ARTICLE VI . RIGHTS, DUTIES AND OBLIGATIONS 6.01 Lessee's Duty; Lessee agrees to keep the leased premises in. a good state of repair. Lessee expressly agrees to assume sole responsibility arising out of Lessee's failure to keep the leased premises in a good state of repair. (1) General: Lessee shall maintain the land with care and in a safe, good, clean condition, and shall ~ot corrunit or permit to be committed any waste of the land by the Lessee nor by any of Lessee's invitees, licensees, guests. contractors, officers, directors, rêþresentatives, employees or agents (collectively hereinafter "[nvitees") nor by any individual, or entity whatsoever. (2) ~ Lessee covenants not to erect any fences'without the permission of the Lessor. Any such fences shall be constructed in confornlity with owner's specifications. Lessee further covenants to exercise care to avoid damage or injury to any of the existing fences of the property, including gates and cattle guards, or any such structure which may be erected by the owner or any other Lessee on the land subsequent to the effective date of this Agreement. Lessee shaH exercise due care to avoid creating any condition which may result in cattle or other livestock on the land to exit the outer boundaries of the land into adjoining areas. (3) Trespassers: Lessee sha11 police the land and Lessee shall be responsible for the removal and eviction of any and all such trespassers to the land. Lessor shall have no responsibiJity with respect to the removal or eviction of trespassers to the land, but retaips the right to do so. (4) Roads, Ditches, Dikes, Etc: Lessee sha11110t construct any ditches, dikes, roads or other improvements or structures without the prior written consent of Lessor. It is agreed and understood by and between Lessor and Lessee that such improvements may require pennits from various governmental agencies before the commencement of construction begins. Any such improvements shall be performed at Lessee's expense, including the obtaining of any permits and payment of permit fees where applicable. Lessor shall render reasonable assistance in obtaining any such permits. Lessee further covenants and agrees to maintain any and all existing roads, ditches and dikes in a manner satisfactory to Lessor, Lessee shall hold Lessor harmless from any liability arising out of Lessee's operatiDns under these permits, failure to obtain such permits or failure to pay such permit fees or charges. (5) Utilities: No utility lines shall be placed on the leased premises without Lessor's prior written consent. All expenses incurred shall be the responsibility of Lessee including the contract for electrical power. (6) Timber: Lessee shall avoid injury to, or destruction of, growing timer (including, without limitation, injury or destruction by fire). Lcssee shall not cut Dr remove, nor cause to be remDved any standing, green, dead or falling timber from the leased premises. Lessee shall not drive nails, spikes Dr staples into, or otherwise deface or mar, any tree, green or dead, on the leased premises. (7) BunlLn.£; No Imming shall occur Dn the ¡eased premises except after prior written notice tD Lessor and" .. . after a joint inspection by Lessee and Lessor. The method of burning shall be subject tD the prior approval of the applicable federal, stale and local governmental agencies and, where required, only after permit. Lessee shaJl be responsible to obtain all permits required by any applicable governmental agency prior to any such bum. (8) Windrowing: No windrowing of roots, palmettos, brush or other refuse shall occur. Roots, palmettos, brush and other refuse may be burned, destroyed or disposed of by Lessee, in accordance with all applicable governmental rules, regulatiDns, statutes, and ordinances and paragraph (7) above. (9) Hogs: Open range of hogs ou the Land is prohibited. Any hogs kept on the Land shaJl be kept in Page 3 of 10 Agenda Item No. 7 A January 10, 2006 Page 52 of 74 hogproof enclosG (10) Comphance wIth Governmental Regulations: Lessee shall promptly comply with all present and future laws, ru ,regulations and dIrectives of any municipal, county, state, federal or other governmental authority applicable to the land or to Lessee's acts or activities on the leJ!sed premises. Lessee's attention is speciflcaUy directed, among other things, to the need to notify the county building and zoning departments of any structures, other than temporary I farm buildings, to be placed on the leased premises. (II) Tax ontmprovements by Lessee: Lessee shall pay aU taxes accruing to or arising out of the construction of improvements placed upon the leased premises or caused to be placed upon the leased premises by Lessee. (12) No Liens From Acts of Lessee: Lessee shall not have any right or authority to take any action or enter into agreement which may create or be the source for any lien on the leased premises. Lessee shaH, within ten (10) days of the filing ohny such lien perform all acts necessary to have the lien removed from the property. (13) Clearing LandIPlanting Grass: No clearing of the Land shall be performed by Lessee without the prior written consent of Lessor and, on such consent, only as specified by Lessor. Debris and other waste from clearing must be disposed by Lessee in accordance with Lessor's instructions. Lessee shall not plant any species of grass, forage crop or other plant unless on an approved list maintained in Lessor's office at Immokalee, Florida. 6.02 Quiet Possession, (I) Lessor agrees that, subject to Lessee's full compliance with all the terms of this agre~ment, Lessee may peaceably and quietly enjoy the leased premises on and subject to the terms and conditions of this ~reement. (2) Lessor shall not have the obligation to furnish any supplies or utilities whatsoever. (3) Lessor further covenants that this leased premises is su~iect and subordinate to: (a) Any statement of facts that an accurate survey may show; present and future laws, ordinances, orders, rules and regulations of any governmental or public Duthority including, without limitation, those relating to zoning and use; and any restTictions, covenants and easements of record; (b) Any present or future dispositions including without limitation, sales or ¡eases of (1) any sub- surface interest in the leased premises including, without limitations, oil, gas and mineral interest, (2) limerock or (3) forest or timber products; and this right of disposition shall. without limitation, include all related incidental rights including, without limitations, rights of ingress and egress. (c) Any and all present and future mortgages or encumbrances given by Lessor, and their renewals, modifications, cDnsojid~tions and e¡¡tensi:ms on the leased premises; and (d) Any and all present and future grazing, hunting or recreational leases. Ç).he right of Lessor (which Lessor reserves) to lease any portion of the Land for farming purposes. If, however, Lessor makes any such farm lease, Lessee shall be credited, on a pro rata basis (time and space), against the rent payable by Lessee under Artic!e !I for the portion of the Land subjected to sLlch fam1lease; and, additionally, Lessor agrees to cause the portion devoted to farming purposes to be fenced by and at the expense of the farm Lessee. Page 4 of 10 Agenda Item No. 7 A January 10, 2006 Page 53 of 74 ARTICLE VII -INDEMNIFICATION LESSEE assumes an risk for Joss, damage, or injut)' to LESSEE or his Invitees or property thereof. LESSEE further releases LESSOR, its successors and assigns, from all such claims relating to any loss, damage or injury to LESSEE or his Invitees. LESSEE shaH indemnify LESSOR and hold LESSOR harmless from and against every cIaim or demand with respect to bodily injut)' (incIuding death), property damage, or nuisance which arises out of or is connected with LESSEE'S or any Invitee's use of the Premises or exercise of the privileges herein. LESSEE and his Invitees shall indemnify LESSOR and hold LESSOR harmless from and against any fine, penalty, liability, or cost arising out of LESSEE'S or his Invitee's violation of any Jaw, ordinance, or governmental regulation applicable to LESSEE'S or his Invitee's use of the Premises or exercises of the privileges herein. ARTICLE VIII - ENVIRONMENTAL 8.01 Contamination Prevention Program: It is the responsibility of the Lessee to construct and maintain his facilities and conduct its operations in a manner that employs all reasonable means to limit the potential for environmental contamination. The Lessee shall provide to the Lessor information regarding the Lessee's storage, handling and disposal of potential contaminants. Such information may include, but is nOllimited to, inventories, pesticide licenses and waste materials disposal documentation. If the Lessor determines that the Lessee's facilities or operations do not employ all reasonable means to prevent cpntamination, then the Lessee shall modify those operations to the Lessor's satisfaction or cease those operations. However, nothing in this paragraph shall limit the Lessee's liability for payment of environmental costs as indicated in paragraph 8.04 below. 8.02 Pesticides, Fertilizers and Hazardous Substances: Lessee shall not bring on the leased premises, allow nor cause to be brought on the leased premises nor in any way commit to the leased premises by dumping, ground rig spraying, aerial spraying or any other manner pesticides, f~rtilizers, chemicals or petroleum products which when used separately or in a combined state could.be categorized by any federal, state or local governmental agency as a hazardous material, hazardous substance Or hazardous waste. Lessee shall not bring on the leased premises nor allow or cause to be brought on the leased premises any pesticide or fertilizer which would or could be categorized as a prohibited use pesticide or fertilizer by any federal, state or local governmental agency. Lessee shall not bring on the leased premises nor allow or cause to be brought on the leased premises any pesticide or fertilizer which is or could be categorized as a restricted use pesticide or fertilizer without first obtaining all necessary permits for the application, storage or use thereof on the leased premises. In the use, storage or application of any pesticides, f~rtilizers alld chemicals by Lessee or Lessee's Invitees, Lessee shall take all such precautions as are necessary to see that such pesticides, fertilizers and chemicals are stored, maintained and applied in such a way as to be consistent with all applicable laws, niles, regulations and ordinances of all federal, state and local agencies. 8.03 Indemnification: Lessee agrees to indemnify, defend aile! hold Lessor harmless from and against all claims, demands, suits, damages (including all foreseeable and ullforeseeable consequential damages), assessments, fines, penalties, costs and other expenses (including attorneys' fees and other court costs) 3sscned against or suffered by Lessor, directly ur indirectly, arising from Or ill any way re!al~d to actual or threatened damage to the elwirol1ll1ellt, personal injmy or death, Or damage to the leased property, due to the use, storage, mixnu'e, dumping, release, or application of any pesticide, fertilizer, chemical, or hazardous substance ill the air, on or uuder the property or in the surface or groundwater located on or under the property, or any other condition existing in the air, on or under the property resulting either directly or indirectly from tenant's operations during the tenancy of this lease. TIle terms and conditions of this section shall survive the termination of this Lease. 8.04 Payment of Envirollmental Costs; Lessee agrees to pay the cost of any inspection, investigation, audit, cleanup, site remediation or detoxification und the prermratioJ1 of any closure Of other required plans, consents, orders, Page 5 of 10 Agenda Item No.7 A January 10, 2006 Page 54 of 74 license applications, and the like, whether such action is required during or following the tenancy of this lease to the full extent that such action is attributable, directly or indirectly, to tenant's operations, including the use, generation, storage, or disposal of pesticides, fertilizers, chemicals or hazardous substances on or under the property during the tenancy of this lease. The terms and conditions of this section shall survive the termination of this lease and shall be in addition to the remedies available to Lessor under any applicable law. 8.05 Notice/Reporting Obligation: In the event that Lessee shall receive any notice of (a) a spiJI, release, le~k, seepage, discharge, of any pestibde, fertiIizer, chemical or hazardous substance into the air, on or under the property or in the surface or ground water located on or under the property, or (b) any claim, demand, suit or complaint, notice of noncompliance, notice of violation from any third person regarding the storage, handing, disposal or release of potential contaminants, pesticides, fertilizers, chemicals, or hazardous substances, Lessee shall immediately notify Lessor orally within 24 hours and in writing within three (3) business days of any such notice, including a copy of any such notice, claim, suit, or demand In the event that Lessee is required to provide notice to a governmental agency or fulfill a reporting obligation required under any federa!, state or local law or regulation regarding the handling, storage, release, or disposal of any pesticide, fertilizer, chemical or hazardous substance, Lessee shall provide a written copy to Lessor at the time notice is sent to the governmental agency. ARTICLE IX _ IMPROVEMENTS AND FIXTURES 9.01 Lessee's Improvements: Lessee shall have the right to improve, add to, or alter the leased premises upon the written consent of the Lessor to any such improvements, additions or alterations. All such improvements or fixtures placed upon the leased premises by Lessee during the term hereof, which are not removed shall, at the option of Lessor, become the sole and exclusive property of Lessor. Nothing contained herein shall in any way interfere with Lessor's right to use other remedies that he may have against Lessee for failure to comply with the terms and covenants of this lease agreement. Lessee further agrees to hold Lessor harmless from any claims that may be made against such improvements by third persons. 9.02 Liens For Improvements: The interest of LESSOR in the Leased Premises is not subject to liens for improvements or alterations made by LESSEE. LESSEE shall comply with the Mechanic's Lien Law of the State of Florida as set forth in Florida Statutes, Chapter 713.10. LESSEE will not create or permit to be created or remain as a result of any action of work done or contracted for by LESSEE, any lien, encumbrance or charge levied on account of any imposition or any mechanic's, laborer's or materialman's 1ien which might be or become a lien, encumbrance or charge upon the Leased Premises. Nothing contained in this LEASE shall be deemed or construed in any way as constituting the consent or request of LESSOR, express or implied by inference or otherwise, to any contractor, subcontTnctor, laborer or materialman for the performance of any labor or the furnishing of any materials for any alteration, thereof, or as giving LESSEE any right, power 01' authority to contracl for or permit the rendering of any services 01' the furnishing of any materials that would give rise to the filing of any lien against the Leased Premises or any part thereof nor subject LESSOR'S estate in the Leased Premises or any part thereof to liability under the Mechanic's Lien Law of the State of Florida in any way. ARTICLE X - TERMINATION OR EXTENSION 10.0 I Termination: Lessee shall, at least thirty (30) days prior to expiration of the term or any extended term, hereof, give to Lessor a written notice of his intention to surrender the leased premises upon the expiration of the tetm of this lease. This Lease shan terminate upon the last day of the term thereof and at that time the Lessee shan immediately return the property to the Lessor as provided for herein. Page 6 of 10 I Agenda Item ~o. 7 A January 1 °'12006 Page 55 of 74 10.02 No Extension: Lessee is not granted, under the terms of this agreement, an option to extend Dr renew this Lease Agreement. In the event Lessee docs not surrender and vacate the leased premises upon the expiration of the term, then, in such event, the Lessee shall be treated as a holdover tenant. ] 0.03 Effect of Holdin!! Over: In the event Lessee holds over beyond the expiration of the term hereof, such """ v I holding over shall be deemed a month to month tenancy only, at the rental of twice per month the original rental prorated over an annual twelve (12) month period, payable on the first day of each and every month thereafter until the Lessee surrenders and vacates the premises, or Lessee executes a renewal lease with Lessor. 10.04 Removal of EQuipment and Personal Property: Upon expiration of this Lease, Lessee shall, at Lessee's expense, remove all equipment and personal property placed by Lessee on the leased premises. Title to structures and equipment placed by Lessee on the Land shall, during the term of this Lease, remain in Lessee. On d1e cessation of lease, however, title to al1 fences shall automatically pass to Lessor. Lessee may remove stnlcnlres and equipment, other than fences, placed by Lessee on the Land, wilhin sixty (60) days after the cessation of lease; but if Lessee does not make timely removal, title to the strue/ures and equipment nOI so removed shall, at Lessor's option, automatìcally pass to Lessor. On the cessation of Lease, and also on such post-cessation removal of structures and equipment, Lessee shal1 put and leave the Land in clean, neat and eye-pleasing condition satisfactory 10 Lessor. estoration of.Land: Lessee shall restore the leased premises to its original condition, including but not limited to t Je leveling and disking of soil 10 a nat surface, restoring each perimeter dike to its functional condition, and restore all points of access for ingress and egress to the leased premises. LESSOR shall indicate to LESSEE which fences erected by LESSEE shall be removed by LESSEE and which fences shaJJ remain. The failure by Lessee to resrore the leased premises as specified wirhin thirty days of the expiration of the term shaJJ result in the Lessor contracting for the work to be performed and the Lessee shaJl be liable to Lessor for such charges. ARTICLE XI- CONDEMNATION If any part or all of the leased premises be raken for any public or quasi-public use under any statute or by right of eminent domain or by any purchase under threat of or in ¡ieu of such taking, the temJ of this Lease shall temJinate as to the portion taken when possession is so taken and the rent hereunder shall be apportioned pro rata. In such event, Lessor shall be entitled to the entire award or price. Lessee shall not be enlitlee! to any compensation for Lessee's leasehold interest in the leased premises, but Lessee may, to such extenr as may be permitted by law, claim compensation from the t,aking authority for crops and cane snlbble, drainage equipment, moveable: stnlctures, fixtures and chattels which arc the property of Lessee. ARTICLE XII- DEFAllLTS ANI> REMEDIES If Lessee shall allow the rent to be in arrears more Ihan fi[¡een (IS) days after written notice of such delinquency, or shall remain in defanlt lindeI' any other condition of this lease for a period of lifteen (IS) days after written notice li'olll Lessor, or should any other person tllan Lessee secure possession of the premises, or any part thereof, by reason of any recejvership, bankruptcy proceedings, or other operations of law in any manner whatsoever, Lessor may at his option, without notice t'O Lessee, terminate this Lease, or in he alrernarive, Lessor may reenter and take possession of said premises and remove all persons and property therefrom, without being deemed guilty of any manner of trespass, and relet the premises or any part Ihereof. for all or any part of the remainder of said term, to a party satisfactory to Lessor, and at such monthly rental as Lessor may wilh reasonable diligence be ablc to secure. Should Lessor be unable to relet after reasonable efforts to do so, or should sllch monthly I'<:nlal be less (han Ihe rental Lessee was obligated to pay under Ihis lease, or any renewal thereof, plus the expense of reletting, then Lessee shaJl pay the amount of such deficiency to Lessor. Page 7 of 10 Agenda Item NO.7 A January 10, 2006 Page 56 of 74 It is expressly agreed that in the event of default by Lessee hereunder, Lessor shall have a lien upon all livestock, goods, chattels, or personal property of any description belonging to Lessee which are placed in, or become a part of, the leased premises, as security for rent due and to become due for the remainder of the current lease term, which lien shall not be in lieu of or in any way affect any statutory Lessor's lien given by law, but shall be cumulative thereto; and Lessee hereby , grants to Lessor a security interest in all such pers<Jal property placed¡m said leased premises for such purpose. ll1is shall I~ ~ not prevent the sale by Lessee of any merchandise ¡ó the ordinary course of business free of such lien to Lessor. In the event Lessor exercises the option to t~rminate the leasehold, and to reenter and relet the premises as provided in the preceding paragraph, then Lessor may take possession of all of Lessee's property o? the premises and sell the same at public or private sale after giving Lessee reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, for cash or on credit, or for such prices and terms as Lessor deems best, with or without having the property present at such sale. The proceeds of such sale shaH be applied first to the necessary and proper expense of removing, storing, and selling such property, then to the payment of any rent due or to become due under this lease, with the balance, jf any, to be paid to Lessee. ARTICLE XIII- ASSIGNMENT AND SUBLEASE (~Assi~nment and Subletting by Lessee: Lessee shall not assign this Lease nor sublet all or any portion of the leased ~. 13.02 Assignment by Lessor: Lessor is expressly given the right to assign any or all of its interest under the terms of this lease. ARTICLE XIV - MISCELLANEOUS 14.01 Notices and Addresses: All notices provided to be given under this agreement shall be given by certified mail or registered mail at the addresses appearing on page I hereof or by manual delivery at such addresses. 14.02 Parties Bound: This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. J 4 .03 Applicable Law: This agreement shall be construed under and in accordance with the laws of the State of Florida. 14.04 Legal Construction: In case anyone or more of the provisions contained in this lease shaH for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Lease shall be constmed as if such invalid, illegal, or unenforceable provision had never been contained herein. 14.05 Sole Agreement or the Parties: This lease constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter within it. ~ No amendment, modification, or alteration of the terms hereof shall be binding ullless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 14.07 Ri~hts and Remedies Cumulative: The rights and remedies provided by this lease are cumulative and the use of anyone TIght or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Page 8 of 10 \ Agenda Item ~o. 7 A January 10 2006 Page 5 \ of 74 \ \ 14.08 Waiver by Default: No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this lease shaH be deemed to be a waiver of any other breach of the same or any other term, condition, or coverumt contained herein. 14.09 At1omey's Fees: In the event Lessor or Lessee breaches any oftbe terms of this agreement whereby ~he party not in default employs attorneys to protect or enforce its right hereunder and prevails, then the defaulting party agrees to pay the other party reasonable at1orné:'y's fees and costs so incurred by such other party. 14.10 Time of Essence: Time is of the essence in this agreement. @ExcUIPation of Lessor: If Lessor shall convey title to the demised premises pursuant to a sale or exchange of property, the Lessor shall not be liable to Lessee or any immediate or remote assignee or successor of Lessee as to any act or omission from and after such conveyance. 14.12 No Recordation: This Lease shall not be recorded. 14.13 Waiver of Jurv Trial: Lessor and Lessee waive any right to !Tial by jury in any action, proceeding, counter- claim, or third party claim brought by 'either against the other or against any third party as to any action or matter arising out of or related to this Lease Agreement or arising out of the relationship of landlord and tenant as between Lessor and Lessee, Lessee's use or occupancy of land or any claim or injury, death or daJ11age. <. ~ Relationship of the Parties: The relationship of Lessor and Lessee is solely that of landlord and tenant under this Lea~~ement. Lessor has no interest in Lessee's enterprise; nor, is Lessee an agent or representative of Lcssor. This Lease Agreement shal1 under no circumstances be construed as a joint venture or partnership between Lessor and Lessee. ARTICLE XV - MISCELLANEOUS PROVISIONS 15.01 AppHcation by Lessee for Water: For the limited purpose of obtaining permits to drill for necessary water on the Land, Lessee is authorized to act for Lessor in making apptication to the governing Board of the South Florida Water Management District, the County Engineer and any other public agency regulating water wel1s and water use. On any such . application Lessee shall simultaneously furnish Lessor with copies of the application and all relevant documents (including, without limitation, correspondence). On the expiration or termination of this Lease, Lessee agrees, at Lessor's option, to leave well casings in place and to plug or cap such wel1 casings. Lessee shal1 further hold Lessor harmless from any liabiJity arising out of Lessee's operations under these permits, faiJure to obtain such permits or failure to pay such permit fees or charges. Page 9 of 10 ---~.._---- Ainda Item NO.7 A ~'Ô\, '" . uary 10, 2006 ~~ " Page 58 of 74 IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the day and year written below. TInS IS INTENDED TO BE A LEGALLY BINDING CONTRACf. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. Signed and acknowledged in ili. p'~rnœ or, ~ A'~¡;¿~ "\ CMCHeartlands Lessor: t2,rfi-ò ~w-O As to Lessor Date: 'd-I'\~OV 7&A-{L,.(lOuu~L A to Lessee ~~ c>~" Lessee: 1(~'HílÁ. A$ to Lessee - - By: /?J/k£ -z::// 2> gGù~ 8 - :l -0 2- Date: Page 10 of 10 Agenda Item NO.7 A January 10, 2006 Page 59 of 74 RESOLUTION NO. 06- _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER CU- 2003-AR-4647, PERTAINING TO A REQUEST TO ALLOW AN ECO-TOUR FACILITY IN THE RURAL AGRICULTURAL/AREA OF CRITICAL STATE CONCERN-SPECIAL TREATMENT OVERLAY (NACSC-ST) ZONING DISTRICT, FOR PROPERTY CONSISTING OF 142.22± ACRES, LOCATED ON THE NORTH SIDE OF US 41, APPROXIMATELY % MILE WEST OF SR 29, IN SECTION 25, TOWNSHIP 52 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, DENYING THE REQUEST BY OPERATION OF LAW. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on aJJ counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the establishment of Conditional Uses; and WHEREAS, the Board of Zoning Appeals, being the duly ejected and lawfully 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 of an amendment to the Zoning Atlas Map for the purpose of amending the zoning designation to aJJow for the operation of an eco-tourism facility on the property hereinafter described, and has not found as a matter of fact that satisfactory provisions and arrangements have been made concerning aJJ applicable matters required by said regulations for the reasons set forth in the record ofthe proceedings before the Board; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board has fuJJy considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida, that: Petition CU-2003-AR-4647, fiJed for Mitchell D. House, represented by Donald J. Murray, and Coastal Engineering, with respect to the proposed Jan's Trams Conditional Use be and the same hereby is by operation of law DENIED for an amendment to the Zoning Atlas Map for the purpose of amending the zoning designation for the property hereinafter described. Agenda Item No. 7 A January 10, 2006 Page 60 of 74 BE IT RESOLVED that this Resolution relating to Petition Number CU-2003-AR- 4647 be recorded in the minutes of this Board. This Resolution adopted based upon motion, second and majority vote to approve the subject request, which was not a sufficient super-majority vote, and thus, the request is considered denied by operation of law effective this date. Done this 10th day of Januarv ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk , CHAIRMAN Approved as to form and legal sufficiency: Marjorie M. Student-Stirling Assistant County Attorney PUDZ.oS·AR-7469 Agenda Item NO.7 A January 10, 2006 Page 61 of 74 RESOLUTION NO. 06-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF AN ECO TOURIST RECREATIONAL FACILITY CONDITIONAL USE IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SECTION 2.04.03, TABLE 2, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 25, TOWNSHIP 52 SOUTH, RANGE 29 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 Nwnber 04-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (BZA), 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 an Eco Tourist Recreational Facility Conditional Use pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code in a Rural Agricultural (A) Zoning District on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.OS.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Donald 1. Murray, AICP, of Coastal Engineering, Inc., representing Mitchell D. House, lessee, 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 an Eco Tourist Recreational Facility Conditional Use pursuant to Section 2.04.03, Table 2, Collier County Land Development Code in the Rural Agricultural (A) Zoning District in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Page I of2 Done this llis Resolution adopted after motion, second and super-majority vote. ,2006. A TIEST: DWIGHT E. BROCK, CLERK Deputy Clerk as to form and ciency: ~ M. Student-Stirling t County Attorney CU-2003-AR -4647IHW /10 day of Page 2 of2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN Agenda Item NO.7 A January 10, 2006 Page 62 of 74 Agenda Item No.7 A January 10, 2006 Page 63 of?4 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4647 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: CHAIRMAN: EXHIBIT A -~._----- Agenda Item NO.7 A January 10, 2006 Page 64 of 74 LEGAL DESCRIPTION EXHIBIT "B" CU-2003-AR-4647 A PARCEL OF LAND LYING IN THAT PART OF SECTION 24 AND SECTION 25, TOWNSHIP 52 SOUTH, RANGE 29 EAST, COLLIER, COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25 RUN SOUTH 89°58'19" EAST ALONG THE NORTH LINE OF SAID SECTION 25 FOR A DISTANCE OF 985 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH 23° 30' EAST A DISTANCE OF 652 FEET; THENCE NORTH 09°43' EAST A DISTANCE OF 1,606 FEET; THENCE WESTERLY A DISTANCE OF 2,065 FEET; THENCE NORTHERLY A DISTANCE OF 610 FEET; THENCE EASTERLY A DISTANCE OF 2,879 FEET; THENCE SOUTHERLY A DISTANCE OF 1,828 FEET MORE OR LESS TO AN INTERSECTION WITH THE WEST RlGHT OF WAY LINE OF THE SEABORD COAST LINE RAILROAD; THENCE ALONG SAID RlGHT OF WAY LINE SOUTH 20°01 '46" WEST A DISTANCE OF 3,803 FEET MORE OR LESS TO THE NORTHERLY RlGHT OF WAY LINE OF U.S. 41 (TAMIAMI TRAIL); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 650 WEST A DISTANCE OFI,080 FEET; THENCE LEAVING SAID LINE, RUN NORTHEASTERLY A DISTANCE OF 2,348 FEET MORE OR LESS TO THE POINT OF BEGINNING. LESS AND EXCEPT THOSE LANDS CONVEYED TO COLLIER COUNTY RECORDED IN OFFICIAL RECORDS BOOK 1671, PAGES 1692 THROUGH 1694 OF THE PUBLIC RECORDS. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 142 ACRES OF LAND. .. -... ~ .aøI WIIIh . ....... __ ... """ ... -- . --- no -... .....J ===13E- ftu....øt(.n IX'fI nn-ttt(1ft IJItOIW "I" ....".~u:m i ~,;;,.;.:;. .; I -- ':lNI . SJ.NVl :I i i Ð 5 jI .... 4:CD'<:t J:::.8~ ~ 0 - L(") ~CD E"- Q) >. Q) _....0) -cocc CO::lQ.. -oc: c:cc Q)-:> 0) 4: rt ... lo~ 1 Y:¡IIY TfNV:) ' AV'UiaAO &LIS 'lYnJ.d3:)NO:J SJmtL S..lNt I I / I I "J" ¡!q!qxg / I I / I I ... ~ g t ~ þ! ... i,JI~ ~ ~ !S 52! ~ -Hi5~ ~ It \!¡ ...~, I:! ~~ ~~~ ã5 / I ...,. ¡~ ~~ ::~ .c~ / / / / fZ 2 i~ ~~ '" ., Ã;' ~ do & ~ ., N i;¡ .::: ;: ~ .......... :z- / '" I I '" '" / I I / I ... --- - --- ...._~- Agenda Item No. 7 A January 10, 2006 Page 66 of 74 CONDITIONS OF APPROVAL CU-2003-AR-4647 The conditions of approval, as required by Section 4.02.02.B.3.c of the Collier County Land Development Code, and as recommended by staff, shall be as follows: 1. Pennits or letters of exemption from the U.S. Anny Corps of Engineers, the Florida DEP, and the SFWMD shall be presented to the County Manager or designee prior to site development plan approval. 2. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. 3. The petitioner shall utilize only trails identified and approved on the site development plan. No new trails shall be established. 4. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. The petitioner will provide a statement and/or repair bill from a licensed auto mechanic certifying that the vehicles in use comply with the defined criteria within 30 days of approval. 5. Vehicular use shall be limited to buses and pontoon boats, equipped with 4- stroke outboard engines, with no more than 30 seats in operation at one time. 6. Motor vehicles shall be pennitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset. 7. Molestation of wildlife, including feeding, shall be prohibited. 8. Vehicles shall comply with state and U. S. Coast Guard regulations. 9. This Conditional Use and ST Pennit shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final SDP approval. 10. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services staff for review and approval prior to SDP approval. 11. Upon submittal of the SDP petition, copies will be sent to the USFWS and FFWCC for their review and comment. They will be allowed 30 days to submit their letters of technical assistance to staff. Staff will use applicable stipulations from these agencies, in their review and approval of the Site Development Plan for this project. 12. Wetland pennitting as required by State and Federal agencies shall be required prior to SDP approval. 13. Any pruning of mangroves on site shall comply with the Florida Department of Environmental Protection's requirements. 14. The ST pennit is subject to a forty-five (45) day appeal period by the Florida Department of Community Affairs. 15. No new improvements shall be made to the logging trail that will be utilized by the eco-tours; 16. There shall be no trimming of the oak trees in the hardwood hammock located at the end of the logging trail; EXHIBIT "D" CU-2003-AR-4647 --..-.----- Agenda Item No.7 A January 10, 2006 Page 67 of 74 17. The applicant shall relocate any listed species in impacted portions of the canal area to areas that will not be impacted; 18. Educational infonnation shall be provided during tours; 19. The owner shall use a licensed mangrove trimmer for any necessary trimming; 20. The applicant shall remove all the exotic species from the tour areas; 21. There shall be a record of weekly inspections of the vehicles for oil leakage; 22. Vending machines are restricted from being located where they would be visible from vehicles traveling along US 41; 23. The applicant shall seek FDOT approval of a right-in deceleration turn lane from the east and a left-turn lane from the west; and, 24. The applicant shall provide a minimum of a 19.2-acre pennanent conservation easement dedicated to Collier County, in a location based on the GMP and LDC preserve ranking criteria, to be reviewed and approved by the Office of the County Attorney prior to site development plan approval. The easement shall be recorded within 90 days of site development plan approval, or before the proposed building is granted a certificate of occupancy, whichever comes first. EXHIBIT "D" CU-2003-AR-4647 <._."'_.,_._.._~_.~.,-~-- Agenda Item NO.7 A January 10, 2006 Page 68 of 74 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION -----~--_.-.- FOR-h~----- ~...~ h_ 4_.__.....,_,..~_.....~_.._. n___.._. ____,_ CU-2003-AR-4647 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No / B. Ingress and egress to property and proposed Structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No V" 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) be recommended for approval to the Board of Zoning Appeals. . J J ____ DATE: t!..·I(~O<' CHAIRMAN:Jk¡ ~ EXHIBIT A r.... Agenda Item No. 7 A January 10, 2006 Page 69 of 74 . . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4647 . The following facts are found: 1. Section2.04.03t Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or USes in the same district or neighborhood because ~ . A. Consistency with the Land Development Code and Growth Management Plan: Yes V No 5t)~ .(() \1lL \tJ~~kV B. Ingress and egress to property and proposed structures thereon with particular . reference to automotive and pedestrian safety and conveniencet traffic flow and controlt and access in case of fire or catastrophe: Adequate ingress & egress Yes V No . . C. Affects neighboring properties in relation to noiset glaret economic or odor effects : . / N 0 affect . or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property iD. the district: . Compatible use within district Yes./ No DATE: 'L\\Dl ~ MEMBER: Based on the above findings, this conditional use should, with s ulations, (copy attached) be . recommended for approval to the Board of Zoning Appeals. EXHIBIT A , - -... Agenda Item No. 7 A January 10, 2006 Page 70 of 74 FINDING OF FACT BY COLLIER COUNTY PLANNING COMM1SSION . FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4647 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes_ No-d. 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: ßo affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use witIlln district __ Yes, ~_ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. ~~ DATE: I J..} ÞC 10 .s- S:J f.,"__. :~_"~-. :J. EXHIBIT A -. r.. Agenda Item No.7 A January 10, 2006 Page 71 of 74 FINDING OF FACT BY, COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4647 . The following facts are found: 1. Section 2.04.03, Table. 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with th~ Land Djvelopment Code and Growth Management Plan: .' Yes No V B. Ingress.and egress to property and proposed structures thereon with particular . reference· to automotive and pedestrian safe!J' and convenience, traffic flo~ and control, and access in case of fire or catastrophe: ..-- . . ' Adequate ingress & egress Yes ¡/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects : ~o affect . or _ Affect mitigated by _ Affect cannot be mitigated . . D. Compatibility With adjacent properties and other property iÌ1 the district: Compatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) be . recommended for approval to the Board of Zoning Appeals. DATE: /.:zf IIJ 5' MEMBER: i-IJ.-nrzi-. '--¡¿~tf {7~ EXHIBIT A ~.,-_._,,-,_.,- ·r..... Agenda Item No. 7 A January 10, 2006 Page 72 of 74 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4647 The following facts are found: 1. Section 2.04.03, Table. 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same dis1rict or neighborhood because of: A. Consistency with t~ Developm~t Cad. e and Growtb Manag:ment Plan: J ..J., 7:T~~·~ ç..t.0,>~ -to ~Cc. iÑi&-f~)Þ"- 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 4ss Yes / N~ Affì~ctS. igbboring properties in relation to noise, glare, econolnic or odor effec . . . _ No affect or _ Affect mitigated by _ Affect cannot be mitigated c. D. Compatibility with adjacent properties and other property m the district: Compatible use ø district YesL No~ Based on the above fIndings, this conditional use should, with stipulationS, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: /;:( - /,[ - O.r--- MEMßER:~ EXHIBIT A -. r r~ Agenda Item NO.7 A January 10, 2006 Page 73 of 74 . . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4647 The following facts are found: 1. Section 2.04.03, Table.2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: I A. Consistency with the Lan,,¡£'evelopment Code and Growth Management Plan: . Yes_ NOr· B. Ingress. and egress to property and proposed structures thereon with particular . reference 'to automotive and pedestrian safety aÌ1d' convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egriss Yes_ No . C, Aff¡~C'neighbOring properties in relation to noise, glare, economic or odor effe s: '. --'-- No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property iÌ1 the distJ:"ict: Compatible U1thin eli'IT, ict Yes No Based on the above fIndings, this conditional use should, ·th stipulati~ns, (copy attached) bè . recommended for approval to the Board of Zoning Appeal JvŒMBER: EXHIBIT A ~,,~_~..__.__d__~".___ "- .'~ Agenda Item No. 7 A January 10, 2006 Page 74 of 74 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4647 " The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same dis1rict or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: . Yes-.:L No_ B. Ingress. and egress to property and proposed 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 f No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: L No affect or -----....; Affect DÚtigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property m the district: Compatible use within district Yes£ No_ Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be . recommended for approval to the Board of Zoning Appeals. DATE: /.2- I S"/ù-S- MEMB~ _¿ ~ EXHIBIT A -- EXECUTIVE SUMMARY Agenda Item No. 9A January 10,2006 Page 1 of 65 APPOINTMENT OF MEMBER(S) TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE OBJECTIVE: To appoint 6 members to serve 2 year terms, commencing on February 4, 2006 and expiring on February 4, 2008, to the County Government Productivity Committee. CONSIDERA TIONS: The County Government Productivity Committee has 6 terms expiring on February 4,2006. This committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. The terms for Helen C. Philbin, Janet Vasey, Joseph B. Swaja, Stephen A. Harrison, Stanley E. Farnham and Dexter R. Groose will expire on February 4,2006. A press release was issued and resumes were received from the following 17 interested citizens: ,-. APPLICANT CATEGORY ill.§! ELECTOR ADV. COMM. Douglas M. Fee Program MgmtIPlanning 2 Yes None Joseph B. Swaia-re-appt, Program MgmtIPlanning 1 Yes County Productivity Committee William C. Stiess Program MgmtlPlanning 4 Yes None E. Michael Brown Gen MgmtlFinance Investment 4 Yes None Robert Dictor General Management 1 Yes None Glen D. Harrell General Management 2 Yes None Robert DiBenedetto Finance/Investment 3 Yes None Steve Harrison-re-appt. Finance/Investment 4 Yes County Productivity Committee Received 2 wks late Colleen M. Kvetko Operations Research/Gov. H.R. 3 Yes None Janet Vasey-re-appt. Operations Research 3 Yes County Productivity Committee Alan Eugene Hubbard Operations Research 4 Yes None D. Joseph Donahue Industrial Eng/Value Eng 4 Yes None Karl R. Wyss Industrial Eng/Value Eng 4 Yes None Stephen Spencer Industrial Eng/Value Eng 3 Yes None James Warnken Government/Human Resources 3 Yes None Bradley A. Boaz Govemment/Human Resources 4 Yes None Charles E. Carr WITHDREW APPLICA nON 1 Yes None ,.-. Attendance record of current members who have applied for another appointment Steve Hamson - Present at 11 of the last] 2 meetings (absence was excused) Joe Swaja-Present at 11 of the last 12 meetings (absence was excused) Janet Vasey-Present at 9 ofthe last 12 meetings (absences were excused) - Agenda Item No. 9A January 10, 2006 NOTE: NOTE: Section Seven (B) of Ordinance 2001-55 states "Tenns of office for Boafij¡ge 2 of 65 members shall be limited to two consecutive tenns of service on anyone 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, Janet Vasey has served 3 tenns and Joseph B. Swaja has served 2 tenns. Should the Board wish to re-appoint Ms. Vasey and Mr. Swaja, the limitations on two consecutive tenns will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 6 members, and direct the County Attorney to prepare a resolution confinning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 10, 2006 ~ ~ Agenda Item No 9A January 10. 2006 Page 3 of 65 COLLIER COlJNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9A Item Summary: Meeting Date: Appomtment of members to the County Government Productivity Committee 1110120069:00:00 AM Prepared By Sue Filson Executíve Manager to the Bee Date Board of Courny Commissioners Bce Office 12/201200510,40,25 AM Approved By James V. Mudd Board of County Commis!>ioners County Manager Date County Mana~r<s Office 12/27/2D05 2:46 PM ,~,------- Agenda Item No. 9A January 10, 2006 Page 4 of 65 MEMORANDUM TO: Sue Filson. Executive Manager, Board of County Commissioners FROM: Michael J. Sheffield, Productivity Committee Staff Liaison DATE: December 22, 2005 SUBJECT: Productivity Committee's Unranked Listing of the Top Three Applicants for each of the six vacancies In February 2006, the Productivity Committee will have six vacancies. All six vacancies are for 2 year terms. All applicants are registered to vote in Collier County. The Productivity Committee has reviewed the 16 applications for membership. As directed by the BCC on October II, 2005, the Productivity Committee did not rank the applicants. Rather, the Committee identified the six expertise areas that they felt they will be weak-in as the result of expiring tenns. After reviewing each of the 16 applications, the Committee placed (in an unranked, alphabetical manner) the names of the three applicants whom they felt possess the identified expertise, Below, please fmd such listings. Also attached is a listing of all applicants with their three primary expertise areas as identified by the staff-liaison. General Mana2ement E. Michael Brown Richard Dictor Glen D. Harrell IDdustrial Enl!ÏDeerin2IV alue Enl!ÏDeerin2 Joseph Donahue Stephen Spencer Karl R.. Wyss Oøerations Research Allen Eugene Hubbard Colleen M. K vetko Janet Vasey·· GovernmentIHuman Resources Bradley A. Boaz Colleen M. K vetko James Warnken FinancelInvestment ~ E. Michael Brown Robert DiBenedetto Steve Harrison · Pl'02l'8m ManeementIPlannin2 Douglas M. Fee William C. Stiess Joseph B. Swaja" ·Current member eligible fOT another appoin1ment ··Current members NOT eligible for another appoin1ment tmless the BCC makes exceptiones) Atte.da.c:e record of CarTeDt memben 11'110 Ia.ve .DoIied for .Bother .DDOÍDtllle.t Steve Harrison - Present at II of the last 12 meetings (absence was excused) Joe Swaja-Pn:sent at II of the last 12 meetings (absence was excused) Janet Vasey-Present at 9 ofthc last 12 meetings (absences were excused) Agenda Item No. 9A January 10, 2006 Page 5 of 65 PRODUCTIVITY COMMITTEE APPLICATIONS FOR MEMBERSHIP As of February 2006 the Productivity Committee will have six vacancies due to expiring terms, All six vacancies are for 2 year terms. Sixteen applications for appointment to the Committee have been received. All the applicants are listed below in alphabetical order, with their three primary fields of expertise as identified by the staff-liaison. NAME Bradl A. Boaz E. Michael Brown District 4 4 Robert DiBenedetto 3 Richard Dictor Joseph Donahue 1 4 Douglas M. Fee 2 Glen D. Harrell Steve Harrison* 2 4 Allen Eu ene Hubbard Colleen M. Kvetko 4 3 Stephen Spencer 3 William C. Stiess 4 Joseph B. Swaja** 1 Janet Vasey** 3 James Warnken Karl R. Wyss 3 4 THREE PRIMARY EXPERTISE AREAS Finance, AccountÎD Information Teclmol Investment Management, Corporate Man emen s· meant Board E rience Accounting, Taxation, Community Involvement Tourism HotellResort rations, Business Technology, Corporate Management, Authored TechnicaVBusiness Pa n Accounting, Management, Environmental CODSenation Retail 0 ratio Mana ment, Marketin Financial Systems, Costs Reduction, Real Estate Develo ment Co rate Fundin Finance, Marke . Banking Operations, Commercial Banking, Commu· Involvement Business Management, Engineering, Manufacturin Law Enforcement Agency Operations, Community Involvement, Crime Inves· ations Strategic Planning, Productivity, Developing GoalslOb· eetives Budget Analysis, Program Analysis, Government 0 rations Accountin ,Healthcare, Finance Analytical Problem Solving, Investment Bankin , International Ex rience .Current member eligible for another tenn appointment ..Current members NOT eligible for another appointment unless the BCC makes exception(s) --"~ ---------- ;'\ Agenda Item No. 9A January 10, 2006 Page 6 of 65 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 October14,2005 Joseph Swaja, Chairman Collier County Productivity Committee 460 Battersea Court Marco Island, FL 34145 Dear Chairman Swaja: As you know, the Collier County Board of Commissioners directed the County Manager's Office to conduct a review into the issues raised by the Greater Naples Chamber of Commerce regarding certain Productivity Committee nominating practices and meeting procedures. On October 11, 2005, the Board accepted the staff report submitted by the County Manager's Office and provided further direction concerning the Productivity Committee's referral of prospective appointees to the Board. Specifically, the Board directed that the Productivity Committee henceforth be required to provide the Board of Commissioners with an unranked list of the top 3 nominees for each vacancy. In an effort to facilitate this change and address other recommendations contained in the staff report, I respectfully request that you appoint an ad hoc subcommittee to work with staff to develop an action plan for implementation of relevant recommendations contained in the report. I believe this can be accomplished quickly and provide an opportunity to further refine Productivity Committee meeting procedures, applicant nomination processes and general business practices. Staff recognizes its responsibilities in this process and stands ready to move forward upon your concurrence. As always, thanks for the high level of dedication and hard-work that the Productivity Committee Continues to provide to the people of Collier County. If I may be of any assistance, please call me anytime. Sincerely, Leo E Ochs, Jr. Deputy County Manager CC: Board of County Commissioners James V. Mudd, County Manager .' ,....."'"""',...,"'""""".""''',''~..,""',,.''''~'''',,',.. ."."""'''" '." Agenda Item No. 9A January 10, 2006 Page 7 of 65 -¡' County Government Productivity Committee Name Work Phone Appt'd E:A.p. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Lawrence M. Baytos 06/28/05 02104/07 2 Years 252 Cheshire Way 592-1398 Naples, FL 34110 E-Mail: audubuU@comcast.net District: 2 Ottegory: Human Resources; Mgmt Strat; Productivity; Retired Mr. Frank Halas 774-8097 01/1t/05 01/10/06 1 Year / 3301 E. Tamiami Trail Naples, FL 34112 E-Mail: District: 2 Category: Vice-Chainnan Mr. John F. Barlow, Jr. 04/12/05 02/04/07 2 Years 435 J GuJfShore Blvd., N. #19N 649-6380 Naples, FL 34103 E-Mail: jobnbarlow@lerivage_net District: 4 Category: BS Business Administration Ms. Helen C. Philbin 01113/04 02/04/06 2 Years tK 5784 Deauville Circle, #301 775-3772 Naples, FL 34112 E-Mail: hphilbin@comcast.net District: 1 Category: Gov't, Budget, Zoning Compliance Mr. Matthew Hudson 403-7m 04/13/04 02/04/05 I Year 321 13th Street, S.W. 354-2769 02/08/05 02/04/07 2 Years Naples, FL 34117 E-Mail: mhudson@viprealty.com District: 5 Category: Realtor ~~dnesd~·.June19.1005 Page 1 of'" .. -.--. ._---~---------- Agenda Item No. 9A January 10, 2006 Page 8 of 65 County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home PIrone DateRe-appt 2ndE:xpDate 2nd Term Ms. Janet Vasey 01112/99 02/04/00 1 Year 4398 Longshore Way North 598-4378 01113/04 02/04/06 2 Years r./ Naples, FL 34119 E-Mail: District: 3 Category: Budget & Financial Anaysis Mr. Joseph B. Swaja 394-4599 O4fl4/02 02104104 2 Years ~ 460 Battersea Court 394-4599 01113/04 02l~6 2 Years Marco Island, FL 34145 E-Mail: joeswaja@aoLcom Di!.trict: 1 Category: Development of Strategic Objectives Mr. Sydney E. Blum 594-7880 1 0/14/03 02104/05 1.5 Years 237 Burning Tree Drive 261-1855 02/08/05 02/04/07 2 Years /--, Naples, FL 34 J 05 E-Mail: eescooI@earthlink.net District: 4 Category: Job costing; Mgmt Styles, Efficiency Training Dr. James Alward Van Fleet 184 Spring Lake Circle Naples, FL 34119 E-Mail: javanfleet@msn.com District: 3 Category: Ph.D. Economics 04/12/05 02/04/07 2 Years 348-8162 Mr. Stephen A. Harrison 821-5180 01127/04 4255 Gulf Shore Blvd, N. #1506 435-1869 Naples, FL 34 J 03 E-Mail: saharison@aol.com District: 4 Category: EconomicslFinancelMarketing/CP A 02/04/06 2 Years ¡)( Wednesday. June 29. 2005 Pagel 0/4 County Government Productivity Committee Work Phone Appt'd Exp. Date . J Home Phone DateRe-appt 2ndExpDme Mr. Sw*y E. Farnham ..ø'Jf" ~ 10/14/03 919 Tropical Bay Ct. r _,/\~ 354-1240 10/14/03 Naples, FL 34120 10 E-Mail: sfturns@ao1.com District: 5 Category: Strategic P1anning; ManagementlRetired Name Mr. Dexter R. Groose 659-0489 01/22/02 5202 High Street 659-0389 01/13/04 Naples, FL 34105 E-Mail: dxdotcom@earthlink.net District: 4 Category: Performance Analysis & Value Analysis ,......-', Page 3 of 4 Wetlnesåll)·. June 19. 1005 02104/04 02104/06 02/04/04 02/04/06 ------ Agenda Item No. 9A January 10, 2006 Page 9 of 65 Term 2nd Term 4 months 2 Years 2 Years 2 Years ./ ,/ L·' Agenda Item No. 9A January 10, 2006 Page 10 of 65 County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home PT,one DateRe-appt 2ndExpDate 2nd Term This 11 member committee was created on 01120/91 by Ord. No. 91-10 (amended by Ord. No. 93-13, 96-10 & 2001-37). The committee is composed of 11 members. with the vice chair of the BCe serving in a liaison capacity. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCe. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of COUnty government and make recommendations for increased efficiency and cost~eness. They may also assist in the implementation of those recommendations. Tenns are 2 years. ,r-0.:-- FL STAT Stoff: ~bbl~ '¡Ji~líl, Assistant to County Manager: 774-8383 ¡TI1'Ke êhdflëtc/ Wet/nest/a)', June 19. 2005 Page 4 0/4 De~r~he bJ&55~~J:~~ ,. . 'Page 11 of 65 ." Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 ~~- ~,-:-~~,~\.I.:-, , . , -. - - -..:JJ . ¡' " ,'1. Application for Advisory CommitteeslBoards N-'~l-t"t..l ~ Name: c "'.-:::.¡ .Y;:: ~,t.;;\,/¡;;;' Home Phone: '2..~' i - Z:. f -'7" f ð.:J Home Address: l(1...C;i; (:i.;,-,P SIWé ~L.I/\"') ,J *I$,",,£:, Zip Code: ... .:; 'f ''':7 Fax No. Business Phone: '22 l- 5, 2' û e-mail address: S - ~~"r-\~ ~ ~~'7t:J Business: h\ w. 7-\vr Board or Committee Applied for: -. \ ·íZt.--þLt"l:-1lJ ¡Y ~ft\~tLTæ Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, ete. Are you a registered voter in Collier County: Yes V No Do you currently hold public office? Yes No ./ If so, what is that office? Do you now sen-e, or have you ever sen-eel, on a Collier County board or committee! Yes . V No If yes, please list the c:ommitteeslboards: ¡' ~tlD~'C.-\\\Í nY ~ iT let::- Sí~ ~1-b \.:r-t 1\l1=Y2~,T .' - Education: Experience: f i""~~c! \~ j-t>\E-M.7 vë51(:,~ J (Mi'(...~ M.t::)..rr"'~T,~ t'J0>,~~ í'l4Jf!67> tLi3 - é).-CL I ~~0 \ C 1:-'<:'"\ i2.c~'C:1ïutJ .\ K~ l?:i\Wf~ \)~IM.~T /~k,lct2 T't 1~1At-;~lvl<="1v( , (;G ,1/;& ., .~ D'd':- Please atiJIJ:h any IIIiIfiØoIUll infomuzlion you feel pertinent. This applictllion should be forwarded to Sue Filson, Executive Manager to the BOIU'd ofColmty ConrmžsmJlU!I'S. 3301 East Tamlizmi TI'rlil. Naples. FL 34112. lfyou wish, pleizsefaxyour appTicaJion to (239) 774-3602 or tHMil to sueflIsottJiJco1lientov.rut. Thank YOll for volunteering to serve the citi:t.ens of Collier County. ---~...._.- Agenda Item No. 9A January 10, 2006 Page 12 of 65 November 28, 2005 Charles E. Carr 1707 Reuven Circle, #4 Naples, Florida 34112 Sue Filson - Administrator Board of County Commissioners This is a follow-up letter to confirm our telephone discussion today in regard to my application for membership on the County Productivity Advisory Committee. As we discussed, I would like to withdraw my application to this committee due to the fact that we have a very busy election year coming up and I would not be able to provide the time required to be an effective committee member. Please withdraw my name from the process, and I thank you for your consideration to date. {J£(~L a~ Agenda Item No. 9A January 10, 2006 Page 13 of 65 MEMORANDUM FROM: November 21, 2005 Elections Office ~. Sue Filson, Executive Manag Board of County Commissioner DATE: TO: 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. COUNTY GOV'T PRODUCTIVITY COMM COMMISSION DISTRICT DougJas M. Fee 921 Carrick Bend Circle, #201 J.- Naples, FL 34110 E. Michael Brown 4351 Gulf Shore Blvd., N, #11N L{ Naples, FL 34103 William C. Stiess 2730 13th Street, N. Lf Naples, FL 34103 Colleen M. Kvetko 3 6623 Glen Arbor Way Naples, FL 34119 ~clV~ 5 4398 Longshore Way North Naples, FL 34119 P. JosephDonahue Y"3S-113t.( Ctt((PJ I(.-;J?~O~ LI- 3971 Gulf Shore Blvd., N., P.H. 201 'f.¡YS ¡t?.P\ '1 Naples, FL 34103 .?11 '3"3 tp Joseph B. Swaja 460 Battersea Court Marco Island, FL 34145 I --~._-_.~ Robert Dictor 141 Gulfport Ct. Marco Island, FL 34145 Alan Eugene Hubbard 3051 Sandpiper Bay Circle, #1-106 Naples, FL 34112 James Warnken 208 Silverado Drive Naples, FL 34119 .3 Glen D. Harrell 3042 Driftwood Way, #4806 Naples, FL 34108 ;L Karl R Wyss 3133 Rum Row Naples, FL 34102 L( Stephen Spencer 270 Stonegate Court Naples, FL 34119 :3 .....\.L_Q..re~ / Charles E. Carr vJ \ \Y V;Æ .-0:::' 1707 Reuven Circle, #4 \ \ ' Naples, FL 34112 / Bradley a. Boaz 2185 Outrigger Lane Naples, FL 34104 r Robert DiBenedetto 291 Glen Eagle Circle Naples, FL 34104 3 Thank: you for your help. Agenda Item No. 9A January 10, 2006 Page 14 of 65 / f MEMORANDUM Agenda Item No. 9A January 10, 2006 Page 15 of 65 DATE: November 17, 2005 FROM: Mike Sheffield, Assistant to thJty ~anager Sue Filson, Execuûve Manager Board of County Commissione . TO: RE: County Government Productivity Committee As you know, we currently have vacancies on the above-referenced advisory committee, A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Douglas M. Fee 921 Carrick Bend Circle, #201 Naples, FL 34110 E. Michael Brown 4351 Gulf Shore Blvd" N, #IIN Naples, FL 34103 William C. Sûess 2730 13th Street, N. Naples, FL 34103 Colleen M. K vetko 6623 Glen Arbor Way Naples, FL 34119 Janet Vasey 4398 Longshore Way North Naples, FL 34119 Joseph Donahue 3971 Gulf Shore Blvd., N., P.H. 201 Naples, FL 34103 Joseph B. Swaja 460 Battersea Court Marco Island, FL 34145 Robert Dictor 141 Gulfþort Ct. Marco Island, FL 34145 Agenda Item No. 9A January 10, 2006 Page 16 of 65 Alan Eugene Hubbard 3051 Sandpiper Bay Circle, #1-106 Naples, FL 34112 James Warnken 208 Silverado Drive Naples, FL 34119 Glen D. Harrell 3042 Driftwood Way, #4806 Naples, FL 34108 Karl R. Wyss 3133 Rum Row Naples, FL 34102 Stephen Spencer 270 Stonegate Court Naples, FL 34119 Charles E. Carr 1707 Reuven Circle, #4 Naples, FL 34112 Bradley a. Boaz 2185 Outrigger Lane Naples, FL 34104 Robert DiBenedetto 291 Glen Eagle Circle Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee witlún the 41 day time-&ame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants to be reappointed. 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 ..-----------~----_.-- --- Page 1 of 2 Agenda Item No. 9A January 10, 2006 Page 17 of 65 "son_s From: advisoryboards@colliergov .net Sent: Friday. November 18. 2005 4:21 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 ~~t~: \.1 .~ ~ 'J . .... ~ .' . " . l'~ . ., .~ '. . -f .... ~ ,/ November 18, 2005 Application for Advisory Committees I Boards Name: DOUGLAS M. FEE Home Phone: 239-592-1212 Home Address: 921 CARRICK BEND CIRCLE #201 City: NAPLES Zip Code: 34110 Fax Number: 239-593-5112 Business Phone: 239-513-1040 Email Address:FEEGROUP@AOL.COM Place of Employment: THE FEE GROUP How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: PRODUCTIVITY COMMITTEE Category: (if applicable) No information provided. Do you currently hold public office? No 11/18/2005 ----_._----._.~--_. Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: REVENUE COMMISSION Please list your community activities: PRESIDENT & FOUNDER - NORTH BAY CIVIC ASSOCIATION, INC (501c4) TREASURER - ESTUARY CONSERVATION ASSOCIATION, INC (501c3) TREASURER - NORTH NAPLES PROPERTY OVVNERS ASSOCIATION (POANCC) TREASURER - TARPON COVE COMMUNITY ASSOCIATION, INC TREASURER _ BIMINI CONDOMINIUM ASSOCIATION, INC Education: MIAMI UNIVERSITY - 1986, BA Experience I Background: 20 YEARS - ACCOUNTANT & MANAGEMENT CONSULTANT OVER 250+ BUSINESS AND PERSONAL CLIENTS (INCLUDING TAX PREPARATION) HAVE BEEN AN ADVISOR TO SEVERAL IRS AUDITS HAVE ALSO BEEN AN ADVISOR TO FLORIDA DEPT OF REVENUE AUDITS BANKRUPTCY TRUSTEE FILINGS FORENSIC ACCOUNTING HAVE BEEN AN ADVISOR TO MANY BUSINESS OWNERS OF VARIOUS SIZES AS A MANAGEMENT CONSULTANT III 18/2005 Page 2 of2 Agenda Item No. 9A January 10, 2006 Page 18 of 65 Nov 18.05 02:37p E. Michael Brown 2394301850 Agenda ItemPffo. 9A January 10, 2006 Page 19 of 65 Board of County Commiss[oners 3301 East Tamiami TraD. Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3601 ~I-~þl \.1 ~ - , I. . ...... . ". . . .", ~. - -" I ;' Application for Advisory Committees/Boards Name: I?; M/~#"'b-¿ 6 4r.u1J Hcpne Pbone: ~ 3" It.( Jd"P077 # 'IN JJIH'II$ Home Address: f./35"" ( 6UL.F ç!fO¡e.e ~ LVð u Zip Code:~l/IO:3 Fax '¡;'III'~o-lrSO Business Phone: e-mail address: M 8 Powù fJ,J.I:F/!, 111J6.1i. AJI1I Bnsiness~ t2t?"T/~6'b 1....(1(J(t¡1 Board or Committee Applied for: I'l!of)U.~71V'TY Category (if applicable): ED_pic: CommiJsiou DIstrict, Developer, eaVl=enialist, lay pc:ncJ1l, ete. ... Are YOI1 a registered voter in Collier County: Yes -- No Do you currently hold pnbUc ofDoe:1 Yes No V" If $0, wbat is that office? No - Dc yo. DOW &erVl, or )¡a,,.e you ever served, 011 a Collier Cou.aty board or çemmittee? Yes If yes. please list the cOlDDljtteeslb-rds: Please list your ccmmunity .c~~es (civic clubs, Deighborbood associations, dc:, and positions held: Søre:.- A-7ÏAeHøb - S¿:'2r A- 77"~ ffe"lJ Edl1c:ation~ Experience: SeT .l9rT/lc./f,b PúllSe aJ/øCh œv ruú1iIiønDi lníør~nY(Jøfeelperdnurt. 'l7rJs qp1JcøIlOll $Jwu14 1NIf(Jl'W(JTt/e4 tD S1u FUson, EJœc¡¡Jive M-cu 10 the BDud DfC'mm9' Cø~ 3501 Em T~ 7)r4NlllkJ. n 3<1111. 1/'}'(I1l WI&, pleueflD/:}IDIU øppliœJion tD (2.J1)714-J60~ 01" I!Nfftliltø ØI~øw-r_rutI. n-ky-fø"~ tu_tTaed:IiuM ofCDl1ù1" CoUll(>. --' .- .---..-. .". . --- Nov 18 .05 02:37p E. Michael Brown 2394301850 Agenda Iterrfrro. 9A January 10, 2006 Page 20 of 65 E. MICHAEL BROWN 4351 Gulf Shore Boulevard North, Apt 11N Naples, Florida 34103 Phone: 239-430-0077 Fax: 239-430.,.1850 PROFESSIONAL EXPERIENCE SCUDDER, STEVENS & CLARK, Boston, MA 1969-1997 Diversified investment management firm. with assets of $120 billion under management Chief Administrative Officer (1996-1~7) Directed administrative policies and procedures, managed technology infrastructure (LA.N", WAN, PC Support, Help Desk, Telephones, Data Centers), real estate and facilities, purchasing. and travel and entertainment functions. Budget in excess of $50 nilllion and 150 employees. · Turned around technology group by developiDg concrete mission and business-based leadership focused on the basics of delivering improved service, eliminating waste and stemming budget escalation. · Developed and implemented training programs that kept technicians up to date and educated users in software applications · Identified key business areas. set goals and re-organized personnel. estabilshing clear responsibilities that allowed group to focus on critical issues · Installed through-put service level measurements, resulting in better service quality and cost savings. Held multiple titles, committee memberships and trusteeships in the Corporation: Chairman of Audit committee (1996-1997) Member of Board of Directors (1996-1997) Trustee: Portfolio Trust (1997) Scudder State Tax Free Trust (1996-1997) Scudder GNMA Fund (1995-1997) US Treasury Money Fund (1995-1997) Scudder Cash Investment Trost (1996-1997) Scudder Profi.l Sharing Plan, Scudder Defined Benefits Plans (1996-1997) President & Director, Scudder Realty Holdings Corporation (1994-1997) Managing Director (1986-1997) Assistant Treasurer, Scudder Investor Services (1987-1997) Member. Bond Department Steering Committee (1987-1989) Chairman, Investment Policy Committee (1986-1987) Nov 18 05 02:41p E. Michael Brown 2394301850 p.3 Agenda Item No. 9A January 10, 2006 Page 21 of 65 E. MICHAEL BROWN, Page Two SCUDDER. STEVENS & CLARK continued Group Leader, Financial Institutions Group (1994-19%) Directed marketing and advisory services for mutual funds and money market capabilities to fmancial institutions · Redirected group's mission. Developed new business, products. and personnel strategies · Refocused product emphasis, terminating 50% of existing products and opening participation in sub-advisory markets. growing client base and significantly increasing profitability Founder and Director, Scudder Trust (Cayman) Ltd. (1991-1997) Created and led an international non-depository, non-lending bank that bad fiduciary responsibility for trust investments. · Analyzed international market. Determined product offerings and pricing for maximum market penetration · Establisbed operations and built infrastructure to run company's participation in business niche. Founder, Director, President & CEO, Scudder Trust Company (1989-1997) Created and led operation that had fiduciary responsibility for US trust investments. $7 billion in assets and 30 employees. Office Director, Boston (1989-1997) Managed alL administrative issues for office including oversight of 900 employees and administration of policies and procedures. · Analyzed need and championed efforts to move to increased office space. Negotiated 28-year lease in premier space in higlùy favorable terms. Oversaw design and build out of 350,000 square feet of class A office space. Moved 900 employees, bringing in project on budget and on time. Associate Office Director (1985-1989) Lead Portfolio Manager, Scudder Common Stock Fund (1983-1985) Directed fund and converted it to the Scudder Growth & Income Fund that ranked in top 10% of G&I universe of all mutual funds. Head, Boston Institutional Group (1974-1987) Responsible for a group of four portfolio managers and six support personnel wbo managed the Boston office's pension. profit sharing. 401k and endowment accounts and relationships. Portfolio Manager, ConsuJtiDg Department (1969-1974) Nov 18 05 02:42p 2394301850 E. Michael Brown E. :MICHAEL BROWN, Page Three GIRARD TRUST BANK Portfolio Manager in Charities and Endowment Group \VEST SHORE INDUSTRIES Adnùnistrative Assistant to Plant Manager SHA WMUT BANK Commercial Loan Officer EDUCATION MBA, Accounting & Finance, Babson College, Wellesley, MA BS in Business Administration, Accounting & rmance. Babson College Chartered Financial Analyst Designation Chartered Investment Counsel Designation ADDITIONAL ACI'IVITIES Board Memberships - see addmdum Town of Wayland Capital Planning Committee Agenda Item9\jt. 9A January 10, 2006 Page 22 of 65 1967-1969 1965-1967 1963-1965 1961-1962 1958-1961 1975 1976 1984-1991 ..---.. ---. . --.--'- Nov 18 05 02:42p E. Michael Brown US Charitable Gift Fund Victor Plastics. Inc, Private Equity Portfolio Fund Private Equity Portfolio Fund n Private Equity Portfolio Fund m Private Equity Portfolio Technology Fund Sovereign New Millennium Fund Sovereign New MilleW1ium Fund n Standup Gardens of NH. Inc. New England Wildflower Society Two State YMCA Newton Wellesley Hospital Home Savings Bank Scudder Trost Company Scudder Trost (Cayman) Ltd. 2394301850 E. ~ßCHAEL BROWN ADDENDUM BOARD MEMBERSHIPS Member olBoard Member of Board Member of Advisory Committee Member of Advisory Committee Member of Advisory Conunitte~ Member of Advisory Committee Chairman of Advisory Committee Chairman of Advisory Committee Member of Board Executi ve Committee Investment Committee E~ecutive Committee Chair of Investment Committee Member of rmance committee Agenda ItemPr..ro. 9A January 10, 2006 Page 23 of 65 2OOO-Present 2004 1998-Prcsent 1999-Present 200 I-Present 200 I-Present 1999-Present 200Q-Present 1998-2000 1998-2000 1989-2001 1989-1995 1989-1995 1989-2001 1980-Present 1980-1991 Overseer Trustee Chairman of the Board Member and Chairman of the Executive COIn1IÚttee Member and Chairman, Join Trustee Staff Committee Member of the Mergers and Acquisition Committee Member of the Planning Committee M~mber of the Compensation Committee Member of the Investment Committee Corporator and Trustee 1979-1985 Member of InvestmeDt Committee (FunctioDed as Executive Committee with oversight of investment and administration) Member of Board Chairman M~mber of Board 1989-1999 1997-1999 1991·1999 Board of County Commissioners 330) East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Ag<iòll.d.a)lteJ1¡ ~~ ~". ':,Jan..uary lO,c~ , , P~ge .2~ qf 65 t,¿i ~( . -:'~Ρ)~ ,~~;'''." ~r·V Application for Advisory Committees/Boards Name: ~ I LL I A ~ Home Address: ~ 'ì .J. ~ C. 13.""n-\ .sll~~ Home Phoae: ~3.9 -;l,,~ - YOfJ7 ST ,J. cO A¡\l~~Zip Code: 3'-1 103 Fu No. Busiae8S Phone: e-mail address: Business: ~ E" 'T I R ê ~ Board or Committee App6ed for: ~R Ö ~U ~ T 1 V I T '1' Category ( if applicable): Eumplc: eo..Í8IÍoII DiItrict, Developer, ellriroa_elltIIIist, lay perIOD. de. A~ you a regUtered voter in Collier County: Yes V No Do you eUrrelltIy hold pIIblic ofliee? Yes No v'" If so. wIIat is tIIIat office! Do YOWl 11011' serve., or have you ever lerved, OWl . CoUier CO.Day board or eommittee! Yes If yes. pIeaIe list die cøa_iUeaIboards: No v Please list your eom.uaity aetivities (civic: dabs, aeighborhood associatiou, etc. ud positions held: C \..\ I L" P ~O""~\(C~ '"t e:-ø."", ~~~ C /4 I L:ð P ~ \J C C. '" '"t c.â.~T1::'""V'\ ~ ~ ~ L ~'A~t...~S.l"¡'" ~ LOLLI ~ EdllCatio.: \.J~I V(::~..s \~ OF c..1~~'~m I Ie; {,.4 - 6'1 bus '¡I..)~-;S~ _o__~. 7 L \.?'A- S E"" S. ~ A- ...,-¡y::, Co." \:~ Expel'Ïellce: PIetøe tIItlIcIt "'9' 1IddìtioNJ/ iriformtllUHtytlllfed pertbrmt. 17åf tII1JIicIIIiD sluJuJd bef~ tø Sue FUson, ~ MIIIIIIgt!T tø tIte BINII'd ofColurty Co~ 3301 &st TII1rrÎII1M TIYliJ, NiIpIø, FL 34112 lfytlll wish, piasefaxyottr appIicøtion III (239)774-3602 or ~ tø suerúso~àJJ:oll;e1Po".nl!t. Tluutkyoufor POÚUrI«riIIg tø sene tIte citizeIø ofCDllkr CoIuI(y. William c. Stiess 2730 13th Street North Naples, FL 34103 239-262-4077 Agenda Item No. 9A January 10, 2006 Page 25 of 65 EXPERIENCE VOLKSWAGEN OF NAPLES June 200S-Present Auto Salesman hlOTf' _ t:. "'~,,_.\L.--' ,,~..;;¡ ~"" ~ \ \ - ~( -t)S" COLLIER CHRYSLER January-June 2005 Courtesy Shuttle Driver COLLIER COUNTY SHERIFF'S OFFICE 1999-2004 Chief of Operations (Major) · Responsible for overseeing: Unifonn Patrol Division, Criminal Investigations Division, Youth and Preventative Services Division, Organized Crime and Narcotics Bureau, Special Operations (S.W.A.T.), Marine, Aviation, Agricultural, and Mounted Bureaus, Professional Responsibility and Training Bureau, Communications Division, Legal Department, and Public Affairs Bureau · Reported directly to the Sheriff and acted as the sheriff in his absence with full duties and responsibilities · Responsible for 750 of the 1,200 employees at the Sheriff's Office · Represented the Sheriff at public functions including speech making at community events such as Collier County Commission meetings · Addressed individual and community concerns through citizen contact 1998-1999 Criminal Investigations Division (Captain) · Responsible for overseeing investigations of homicide, sexual battery, robbery, missing persons, child crimes, property crimes, and white collar crimes · Supervised the Victim Advocate and Victim Services Bureaus · Cold Case Squad-actively participated in the investigation of high profile and cold cases 1993-1998 District Lieutenant Road Patrol · Responsible for a 350 square mile section of the county · Supervised daily operations and scheduling of road patrol activities ijIJI~"_,"","¡¡O;M;'",""INIi¡'¡<ffi¡;¡,",;;"",,,,,,,,,;,",¡ Agenda Item No. 9A January 10, 2006 ~26!f 65 · Extensive community involvement with service organizations and speaking at community events 1989-1993 Violent Crimes Sergeant · Managed and participated in the investigations of homicide, sexual battery, robbery, missing persons, and child crimes · Investigated high-profile and complex homicides · Worked numerous multi-jurisdictional and cross-agency cases 1986-1989 Property Crimes Investigator (Corporal) · Responsible for investigating burglaries, larcenies, arson, and white collar crimes 1983-1986 FuD- Time Deputy · Perfonned daily road patrol functions 1982-1983 Auxiliary Deputy (Volunteer) NAPLES SPRINKLER SYSTEM, Naples, Florida 1978-1983 President and Owner · Residential and commercial underground irrigation · Sales, site management, financial operations SUPERIOR STRUCTURES, Naples, Florida 1978-1983 Partner · Residential and commercial construction · Sales and site management NATIONAL GRAPIDCS CORPORATION, Columbus, Ohio 1973-1978 Sales Manager- Commercial Sales Department · Supervision of salesman covering the Midwest Assistant to President · Reported to the president and oversaw special projects Manager- Office Supply and Business Interior Division · Oversaw all facets of the department (hiring, purchasing, sales) 1971-1973 1969-1973 GEORGE MEYER COMPANY, Cincinnati, Ohio 1966-1969 Store Manager · Managed all departments (hardware store) Agenda Item No. 9A January 10, 2006 S'ttaSs27 ~f 65 COMMUNITY INVOLVEMENT Board Member, Child Protection Team Advisor, Collier County Child Advocacy Council Advisor, Shelter for Abused Women's Counseling Service Leadership Collier Class of 1999 Member of Golden Gate Chamber of Commerce Coach for Pop Warner Football (S years) Coach for Greater Naples Little League (17 years) EDUCATIONffRAINING Southern Police Institute · Advanced Burglary · Homicide Investigation Southwest Florida Police Academy (Graduate) · Basic Law Enforcement · First Responder Emergency Care Completed special1raining of courses in the following: · Criminal Investigation, Advanced Explosives and Terrorist Activities, Disaster Preparedness, Media Relations, Special Tactical Problems, Organized Crime, Domestic Intervention, Crimes Against Property Investigation, Criminal Law, Special Weapon and Tactics, Special Response Unit Negotiation, Injury and Death Investigation, Homicide Investigation, Hostage Negotiation, Investigating Child Deaths, Emergency Planning, and more University of Cincinnati, College of Business Administration (3.5 years) Indian Hills High School REFERENCES Available upon request filson_s am: advisoryboards@colliergov .net Sent: Thursday, November 17. 2005 2:03 PM To: fi Iso n_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 November 17, 2005 Application for Advisory Committees I Boards Name: Colleen M. Kvetko Home Phone: 239-353-0129 Home Address: 6623 Glen Arbor Way . City: Naples Zip Code: 34119 Page lof2 Agenda Item No. 9A January 10, 2006 Page 28 of 65 ~L~þ: ~.I ". ....... ' e4 . ~;..o:v ~ .' . . .." .~ " . :¡ 4, ~ / Fax Number: No information provided. Business Phone: 239-272-3483 Email Address:gogirlnaples@aol.com Place of Employment: retired/Fifth Third Bank IPresident &CEO How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Productivity Committee Category: (if applicable) No information provided. . Do you currently hold public office? No 11117/2005 ~ , 1 11/17/2005 Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Trustee for International College, Board of Naples Illustrated; Board of Alzheimer's Network Support; Humane Society Ball Committeer; attending the Citizen's Academy; Member of the Sheriffs Innovation Committe; these are the current ones...many more in the past Education: Darden University; Commercial Banking; Attended College of Mt Saint Joseph in Cincinnati; Banking courses throughout my 34 years Experience I Background: President. CEO and Chairman of Fifth Third Bank, Florida 1992-2004 Commercial Lending with Fifth Third in Cincinnati 1989-1992 Transohio Bank 1980-1989 Regional VP Cleveland Federal Savings; 1977-1980 Page 2 of2 Agenda Item No. 9A January 10, 2006 Page 29 of 65 .~_>O.__,______ Page 1 of2 Agenda Item No. 9à January 10, 2006 Page 30 of 65 filson s am:- advisoryboards@colliergov .net Sent: Thursday, November 17, 2005 2:28 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 "L.t~' ~.I ", ..'.... ,þ ,) ~ .' . . . ~. .~ '. . i ~,~ ,.. November 17, 2005 Application for Advisory Committees I Boards Name: Janet Vasey Home Phone: 239-598-4378 Home Address: 4398 Longshore Way North - City: Naples Zip Code: 34119 Fax Number: 239-598-4326 Business Phone: No information provided. Email Address:jvasey@gulfaccess.net Place of Employment: Retired How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Collier County Productivity Committee Category: (if applicable) No information provided. - Do you currently hold public office? No 11/17/2005 '4iò" ~". 'II' ", .¡¡¡¡--,....,_~"_,¡¡¡¡_\w._.",.."''''',",.,','"'",,,..,',,''''', .,.",.;.",. ., . ~ ..-, 11/17/2005 Page 2 of2 Agenda Item No. 9A January 10, 2006 Page 31 of 65 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Productivity Committee (1999 to present) Revenue Commission (2003/2004) Ad-hoc Budget Process Review Committee (1995/1996) Please list your community activities: Current Membership: Collier County Republican Executive Committee, former secretary Collier County Women's Republican Club, former secretary and newsletter editor Precinct Clerk for Collier County elections Former Membership: Property Owners Associations of North Collier County, board of directors Greater Naples Civic Association, board of directors and vice chairman Longshore Lake Foundation, board of directors Education: Rice University, SA in economics, graduated phi beta kappa, cum laude American University, MA in public financial management Industrial College of the Armed Forces, senior service military school Certified Financial Planner (CFP) Experience I Background: Department of the Army - 20 year career as a civilian Held a variety of financial management positions performing budget preparation, resource allocation and funding policy. Concluded career as Director of Program Analysis, working for the Assistant Secretary of the Army for Financial Management. Identified major Army goals and objectives, monitored performance in attaining objectives, presented quarterly review to senior Army officials. . ._.__..-._.,~..- FROM : JOF DONAHUE , Ii FAX NO. 9414351472 Nov. 17 ~dM~a¡:t.:o. 8A January 10, 2006 Page 32 of 65 e Board or County ComlDÍ5sÎoDen !JOl Eut TaailDù 'l'ndI N.pr-, FL 3411.2 (2.19) 77.....091 fa:.:: CD') '7'74-3'112 ~ ~ ..1 xl( ",:. Application for Advisory CollllllitteesJBoards 1<>0..., IJO~ r£ iZ;" 4. !."'è . _.- ~32~- 'j 13 'I Home Mdreu::3 _~ _ _ a ~ r3 A/ - r"1 f ;) d / Zip Codal '3 if I t:/ "3 ¡ru:No.~ ""-"'Ýit"'*-f aum....PJaOAe: .......nMdreu: éf (,';AV,.; 1.~ . v - 45 '7 DUllness: ........e_A"'*'_ p,,(/ ¡ -&t: ¡"v',' .If -::- Cate,ory(ifappliœble): t..a.y ExlIQII= c:a......~ ~~....iII)' JIII'IOILCR. X X'o "¿;-V ¿ t!! ¥!1 t:!'" lA reI ... altlDlDiflMf Y. . ~-=- PI~~~;:;7~1~¡t¿~M~U~70~-:;~«e.P~~ ~~ ~ A-~. EdUtatloa: q ~.x ~ U. ~ ~h tl ".,. ~ .,I I:xpenenee:_ :3e~ A tf",z c· h ÞM¿#1 Is - n--.,.¡,.",~...1.4 J~~ 2M." ~ ........,~tDAllld__~Jf..... ...1Itt:1JIJMltt/0Nuu;,,,..... :....""-.... D41.1!1iat~~N.....~ ûll1. 1/JIM....~.r-JIIIfI' w'" riJtU. f'mm~_.....,.~I-- --.,,- ~,.."/tIIr.,,III.~.............ttft:Mllt»c.Mip. e RECE1\/ED ~ ~" ,.,·t"'~5 NC if ; / iUU 1''ÌUrl:~~ ~;! ~ .'~!;.,"~.; ,..,:..-'ìl'il;:;~:on€,~~ FROM JO~ DONAHUE .. FAX NO. 9414351472 Nov. 17.~+ý~òæ Page 33 of 65 D. Joseph Donahue ~ DuriBg the early fifties at RCA, Dr. Donahue was a mem ber of the team that pioneered the development oCthe first color pic:ture tubes. He is the holder of a Dumber of important patents. These original design and process coneepts are stiU ÎD use today by tbe worldwide picture tube industry. Dr. Donabue experience also includes 17 years with RCA Semiconductors 'Where be held position. of Vice President of Europe, Vice PresideDt oflnte¡rated Circuits aDd CEO. In 1977 he joined RCA COD5umer Electronics with overall responsibility for en:mecring, p1u'chasing, manufaduriag and product lISSuranee. Under his direction the lactory in Bloomington, Indiana was automated and became the largest television receiver manufacturing plant in the w:orld. In 1982 he was named CEO, where he further strengthened RCA market leadership in television receivers., VCRs and camc:orden. He was named the 1983 Consumer Electronics MaD Of The Year by Dealerscope mag8%Ïne. In the late 19808 he established an RCA-ThomsoD office in Wa&hinct0n. DC and became highly involved with broadcasters, maDufaetu~rs, the government in the field of dia=ital video teehnology aDd high deliDitioD television (HDTV). This tec:hDology provided the foundation Cor tlte Digital SateUite System, the world's first commercial digital television system, introduced by DirecTV in 1994. ~ The Federal Communicatioas Commission [FCC} appointed Dr. DODahue a member of their Advisory Committee on Advanced Television Service. Be worked with the other HDTV standard proponents to form the GraDd Alliance which developed the "best of the best " digital HDTV system whieh has been adopted by the FCC a.s the HDTV broadcast standard for the UDited States. He received an EMMY from the Academy oCTelevision Arts and Sciences Cor his work on the HDTV standard. Commercial broadcast ofHDTV by aU major networks began in the faU of 1998. Dr. Donahu.e chaired a worldwide eommittee whk:h staadardized. the rec:ordinc of the digital HDTV signal on VCRs. Based upon his experience with the startup of color television iø 1954, he .Iso conceived and led the estabUsbment of the first developmental BDTV station, WHD, in Washington, DC ùa 1996. The station, a joint projecl of broadcasters and manufacturers, established the technical foundatio. {or WTV broadcast aDd receptioD that is now used by commercial HDTV statio as. Be entered the U. S. Navy upon graduation from high øchool and rose to officer ranks. He received his B.S., M.S. aad Ph.D. de¡rec:s in Physieal Chemistry from the University of Michigan. While in Graduate School he taueht General CheølÍstry aDd Physical Cheudstry as a Teaching Fenow and [nstrnetor, respectively. .., Duriug his professioDaJ eareer, Dr. Donahue has authored numerous techDieal aud business papers. He bas ..un businesses with over 24,000 employees and h88 very extensive experience iu Europe aDd the Far East. He was a Corporate Ofticer of RCA, GE and ThomsoD Consumer Electronics Bnd bas served on namerous boards, inc(ndiDa RCA Great Britain, RCA Taiwaa, RCA Mexico, RCA Liccnsine, Crown Wood Products and Auadi&ics. Be Í$ a Fellow oftlle Institute ofE1ectrical and Electronic Engineers and has received the Distinguished Service Award of the Electronics Industry AssoeiatioD.. .."-".,.,"'--'~-"'-- FROM : JOE DONAHUE -- . . ~ FAX NO. 9414351472 Nov, 17~sdait~Jbk>. ~ January 10, 2006 Page 34 of 65 Since retiriDg full time in Nap.les he has remained active. Be served on the Advisory Committee during the formation of the Creative Retirement Center of InternationaJ College and on the Chairman's Circle of the EcoDomic Development CODncil of Collier County. He is a ¡raduate of the Collier Leadersblp Program of 2000. He served as President of Le Ciel Venetian Tower Condo Association lor three years. Be is a member of the Board Of Trustees or International CoUeae. He lectures OD "The Digital Revolution t, aDd its impact on almost aU aspects or our lives. He was beeu appointed to the CoWer County Sheriff's Compliant Review PaDel and to the . Neighborhood Acc:ountabi6ty Board Of North Naples. He also served on the Ethics Committee ofIntemational College which performed an ethics audit of the 1600 employees of the Collier County Commission. He was recentJy appointed to the City of Naples Code Enrorcem.eut Board. ~ . . . ! ~ 1 t ~ ~ ~ ¡ H I:¡ ~ ] :1' ~ t fi 1 t 1 j ~ 1 ~ -j j 1 :~ f j 1 ~ i 'g.! -! ~ i B ~ 4i i }. ~ ~ 1 .. ~ 1 ~ .11 t l~ Ë ~ '0 ~1I1:¡:äIÐ ]I-I-"'r I~~H~ B:f,ø .. " ~! ih~fï~ ~~}i ¡I ilr~] tU¡si hj § ] H J~ U t. J ,¡ihH ,q¡1HHf~ !}Jl i a S Ëi ~ ~ 1 jI .~ ~ - -< .12 - J..I ~ ~ ¡J¡ t! ~ ~ i 5 \J < ~ ~ i ~ i t: 1 ~ ~ ~ j j ~ î ~ ~ ~ .r 1:1- 1! ~ ~ '¡ f ~.J ~ it !tlHHt Inuit UUt1lUI ail ~ ;t ~ ~ Hl~:ø~ ~ i ~.¡.e.§"S J!Ie t ~ ~ 8.~. ~ g J .¡ iJ ; -i 1 .s1u, j1li~aL;i j ¡j i ¡ ~] 1 .t i ~ log j ii ~ 1, ¡1 ~ o:S ~ ~ )01:. ~ ~ ð to> i J! I: =! :1 ~ ~!:- ~ ~ -êi _11 oft ~ :i ~ ~ ~ ~ ~ ~ ~ 1 ä s , .Iii ~ ¡-.I·ll ~~11 ~ ljl .B;I·ë-¡~ ~ '!s!iHIH ~ ~ Ô . . .. . ... ~.' .., .. . 'is.> ~ ß t"d c: o .~ ~. p... ~ V) þO~ ¡ J"~ .1 .~ 1 ~ ~ < JI~! :I :I ~ .51 ~ a j ;§ =¡ 1-{3 :; ] ·1 f s i' !-.¡ ~ , :! ~ ¡. 1~} hijiH~1 tjii~]1 iilf1 Hj~i~HlhJ.e~ i~ 1,h i j ,~ '''It t i I f ~ t ¡ ~ r ~ ~.&. 1 f î j 111 .~ g ~ J .. 1 ~ e j tiC ~ ! II ~ ~ ~.t 1 -I i ! I i ~ I ~ :I -I i 1 ~ "S S ! ~:; .5 .~ ,; !I '1 .II '$ I ! ì ~ IiI i. 1 j"ei·I.-'~t 1·~¡i·i.t41~ ~ÐJ "il ti~ .a [ e .S ~ å í\ Š It, ~ ~ -éI I ¡ ... ~ .;:¡.o oS ~ 15 J oS ~.;- ~'i:1.. ~ !- 1. J. JI fi' ~.j ," .... . .. .:. " ..~ ~ ,!!..;a ..,,~ t~ ~ f.~} ~'''.;1 ,~ ~ ~ ~ o S ~ E .t. ~ 55 s -ld'E j ~ii '; .:Šc~ 1,~~J þoo,~L=-èI j "! 11 .: ~ 11 .~ i i "I ~ & i if Jlc!~< -::JaUC'S~!1.uUJO":' ~,1U"I.:.'\~~ ~r'J P,lBOg Cn,"'7 I j~.('JN ..,j ~;.' _~.,f :.. f ~' I .... ,,,, --~ è! 0_..·,,·\ ~ - . " _. _;j! ,-', ......J..-J; -JI \...'" . . . SOOZ·)/,,':tJ' 11'11 I,,' ~. " .. . z.." ~Jf 'JJ?( :7¡;??~ \1 ~. ? I r~r '1 :3 V+1/ c..",,..... ~ w ,;:; ;;:. V d ;) ~d WdØ£:~Ø søø~ ¿~ 'AON ~v~s£v~Þ6 : 'ON X~~ 3nHI:::INOQ 3O.r : ~~ 'H__..'_"'"·~"'___^'··_·_ . - Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239)774-8097RECEIVED ¡ Fax: (239) 774-3~OŽ " NDV 1 ? 2005 /\genda Item No, 9A January 10, 2006 Page 36 of 65 Board at (;o"n\y Commissioners Application for Advisory Committees/Boards Name: To€. 5w Ii-.::JJA- Home Phone: )31 31'{ 'tS71 Home Address: 4f:;ð ßJff'llžkSliAer IY\4eLòJÇ, FL. Zip Code: .J<¡/f/~ Fax No. Yrl{- ttSZf5' Business Phone: e-mail address: ..::rz;>1L-"W~~¡:- µ 1£(- Place of Employment: t<iL-, ~ , Board or Committee Applied for: p~{)Vc:r U I T"( Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County; Years 1 Months K No No >< Are you a registered voter in Collier County: Yes - Do you currently hold public office? Yes If so, what is that office? Have you ever been convicted of any offense against the Law? If yes, explain: Yes No X Do you now serve, or have you ever served, on A Çollier County board or committee? Yes If yes, please list the committees/boards: t'RùQ l> L. r, () '''i x No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: k'U..t...\f't-N".5 CLVg ðr ~~ ~lf1h<.D ß~~~fS'~ ~-5 ~~ 1)" t. "~~VI~~ () -:$; 'I /l..:rÇ if IJ ~ C l. , t. Ed.ca';..: ~~ - ~ù S-~ ~ ~a -Ut<A v/V1&/ Ï'f t¥" ~¿ tlB5<..r:ff(L ~ l!1ð---.:- c1 VI J _ In¡ _ tZt;c~ _ Experience: /} !4JV£/J. 7,()k i<' /?£( QeD ¡,¡ I D<~? ~'f ¡IV ~ ~1iG FC 'fW.IJ ~ ~~ ~~ ~ OuCrJUì~ ",ectff7fiÞ't4S.. bFiJ:ili*/~/£cŽ¡¡;ii1;t:!fi?!~~~ (JJ;;::c.~~~aJ;¿;t."nJ'}¡:. 7u£ A!¿.P¿ ~~ ~~ - Plellse tzJtIlch Ilny tulditùJluu information you feel pertinent. This applicadon should be forwarded to Sue Filson, Executive Mllnllger to the Board of County Commissionen, 3301 East Ttunùuni Troll, Naples, FL 34]]2 If you wish, p/eIlSefaxyour app/ication to (239) 774-3602 or e-mail to suefilson{ãk:ollief'Pov.neL Thank you for volunteering to serve the citizens ofCo/Jier County. -~_._--- -~._-- Page 1 of2 Agenda Item No. 9A January 10, 2006 Page 37 of 65 '-'Ison_s _m: advisoryboards@colliergov.net Sent: Tuesday, November 15, 2005 6:10 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 ....t~ ,~.I. ."".', , ' . ..., - .' f(d) November 15, 2005 Application for Advisory Committees I Boards Name: Robert Dictor Home Phone: 239-389-2638 Home Address: 141 Gulfport Ct. ~ City: Marco Island Zip Code: 34145 Fax Number: No information provided. Business Phone: No information provided. Email Address:rdictor@prodigy.net Place of Employment: retired 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 I Committee Applied for: Productivity Category: (if applicable) No information provided. ~ Do you currently hold public office? No 11116/2005 . e . 11116/2005 Pa,ge 2 of 2 Agenda Item No. 9à January 10, 2006 Page 38 of 65 Do you now serve, or have you served on a Collier County board or committee? If yes, please list the boards I committees: Tourist Development Council Yes Please list your community activities: Marco Island Chamber of Commerce; President Education: as Degree, Cornell University Cornell University School of Hotel Administration Continuing Education Programs Experience I Background: General Manager, Marco Island Marriott Resort & Golf Club 2000-2005; 735 Room Upscale resort with golf club and spa, 700 employees General Manager, Torrance (CA) Marriott Hotel 1994-2000; 587 Room Commercial suburban hotel, 300 associates "·''''''''',''d''''';''''''''''''"' Page 1 of2 Agenda Item No. 9A January 10, 2006 Page 39 of 65 >->~son_s em: advisoryboards@colliergov.net Sent: Monday, November 14, 200510:03AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~~KtY Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 t ~~I I·· . ' . õ,..r· ~ ;¡ . .... ....-:' .. . t .~ '" f..: ~ ,.: November 14, 2005 Application for Advisory Committees I Boards Name: Alan Eugene Hubbard Home Phone: 239-213-9438 Home Address: 3051 Sandpiper Bay Circle # 1-106 .j City: Naples Zip Code: 34112 Fax Number: 239-213.(J737 Business Phone: 239-213-9450 Email Address:bigalnick@aol.com Place of Employment: AI Hubbard Associates, Inc. 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 I Committee Applied for: Productivity Committee Category: (if applicable) No information provided. -, Do you currently hold public office? No 11/14/2005 Page 2 of2 Agenda Item No. 9A January 10, 2006 Page 40 of 65 . Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Education: BS..Bradley University... Corporate Finance, Marketing Experience I Background: Sears, Roebuck and Co. (Retired 1988-30years Financial Officer) Executive search and outplacement Facilitator for corporate funding e e 1l/14/2005 '"""""..","~,,,.~,.....,... ,-"",-"...,.,.."".","",.,,,,,..,-,.., Page 1 of 2 Agenda Item No. 9A January 10, 2006 Page 41 of 65 '-'{son_s '-'m: advisoryboards@colliergov.net Sent: Saturday, November 12. 2005 11 :29 AM To: filson_s Subject: New On-6ne Advisory Board Application Submitted. ~~~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 t . «~I I.· - . . .".. I ' . .4' - .' . '0. '" . . ~ ,.'. ¡..'~ ;' November 12, 2005 Application for Advisory Committees I Boards Name: James Warnken Home Phone: 239-353-1035 Home Address: 208 Silverado Drive ~ City: Naples Zip Code: 34119 Fax Number: 239-436-5914 Business Phone: 239-436-5100 Email Address: jim.warnken@nchmd.org Place of Employment: NCH Healthcare System How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Productivity Committee Category: (if applicable) County Government ~ Do you currently hold public office? No 11/ 14/2005 .-.----. Page 2 of2 Agenda Item No. 9A January 10, 2006 Page 42 of 65 - Do you now serve, or have you served on a Collier County board or committee? If yes, please list the boards / committees: Fiscal Task Force- County Manager's Office Yes Please list your community activities: Economic Development Council of Collier County- Vice President and Treasurer. Leadership Lee County -1999 Leadership Collier County- 2001 Education: Lehigh University- Bethlehem, Pa. B.S. - Business Major- Accounting . Experience / Background: Certified Public Accountant Deloitte Haskins and Sells _ 1978-1981 - Audit Senior Philadelphia, Pa. Coopers and Lybrand - 1981-1984 - Audit Manager Ft Myers/Naples/Orlando, FI. Healthcare Executive Naples Community Hospital-1984-1987-Assistant Controller Naples, Fl. Brandywine Hospital and Trauma Center _ 1987-1992 - Chief Coatesville, Pa. Financial Officer Naples Community Hospital -1992-1995 - Vice President of Finance Naples, FI DSI Laboratories- 1995-2000- Chief Exectuive Officer Ft. Myers, FI NCH Healthcare System- 2000-present- Executive Vice President Naples, FI. and Chief Financial Officer . 11/14/2005 ~"'·"-"""-""'--''''''-~'''"':_'I'c'''''''.'...., Page lof2 Agenda Item No. 9A January 10, 2006 Page 43 of 65 "SO"_S 6m: advisoryboards@colliergov.net Sent: Saturday, November 12. 200512:54 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. S~~5~~~'"~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 .Lt~:'~.1 ", .""... ~ ,~ . .... , ! f(,,¡ ) November 12, 2005 Application for Advisory Committees I Boards Name: Glen D. Harrell Home Phone: 239-596-8521 Home Address: 3042 Driftwood Way #4806 .. City: Naples Zip Code: 34108 Fax Number: 239-596-8539 Business Phone: 239-262-7100 Email Address:glen.harrell@generalgrowth.com Place of Employment: Coastland Center Mall I Senior General Manager How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Productivity Committee Category: (if applicable) No information provided. ) Do you currently hold public office? Yes 11/14/2005 .~"" Page 2 of2 Agenda Item No. 9A January 10, 2006 Page 44 of 65 . If yes, what office do you hold? President; Big Cypress Stewardship District Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: 1994 - 2004 served on the Pelican Bay MSTBU as the commerical representative (Waterside Shops) Please list your community activities: Board of Directors Greater Naples Chamber of Commerce Education: BA University of Florida 1975 . Experience I Background: Presently the Senior GM of Coastland Center. The only 1 million square foot regional mall in Collier County. General Growth Properties GGP-NYSE) the second largest shopping center REIT in the country owning/managing over 200 malls. Coastland Center employees over 1000 employees in 150 stores and 4 department stores. Currently scheduled to commence a $40 million renovation in 2006. Mr Harrell has participated in many civic fundraising events such as the Philharmonic Arts Center, Education Foundation and many others Mr. Harrell has over 25 years experience in the shopping center industry and is one of only 10 internationally to hold all three professional designations offered by the International Council of Shopping Centers (ICSC). Prior to Coastland Center, Mr. Harrell developed and managed Waterside Shops at Pelican Bay from 1992 to 2004. Glen and his wife Shelley live in Naples. Their son Justin graduated from Naples High School in 1995. e 11/1412005 KARL R. 'WYss 3133 RUM Row NAPLES, FLORIDA 34102 RECEIVED NOV 1 0 2005 . ~ -- Board of COUf'ltv Commissioners @ 10·, rn rs ~ .fiJ¿ð-ön f~~ ~ of ÚJ~ (Pm~~ 330:1 To-mÀ~ Trcù.Q Ect~ ~)~3~i~ 1Je.o-.r rYY6 ~ \ ~ ¡Q rNd ~ fð.l +K2- ú::~ 6ooeM\ mw..t ttD~ (Qrv'I~' Cou9d ~ ~~rd.:L) ().A'Ó. T .fuo~,f6ì.~ -to F ~~. ~~ Q. ",-, ) ~ -" ~o~ 1 \;' ID cðir ~ C ~I~ d- .-!- \i'- 0 ~.¿ ~c ., :1~f·.. c¿ý \'1 I'" {~/Ai h (s 0(\ lIJV I \~ p(lJQ- ·. Agenda Item No. 9A January 10, 2006 Page 46 of 65 10 November 2005 e Karl R. Wyss 3133 Rum Row Naples, Florida 34102 239263-6687 kwyss@comcast.net Dear Collier County Commissioners, I would like to be considered to fill one of the six open positions on the County Government Productivity Committee. As a recent graduate of Greater Naples Leadership's Masters Program, I am seeking to help my community in a substantive way. I believe that my skills and experience could provide an excellent fit with your needs. As my attached application form and resume indicate, I am a retired senior executive with proven skills and an outstanding performance record with leading organizations in industry, consulting, and merchant banking - including mM, McKinsey & Company, ADP, Forstmann Little, and DU/Credit Suisse First Boston. . My early training as a senior management consultant with McKinsey &Company, Inc. taught me valuable skills in developing comprehensive problem solving approaches and conducting fact-based analyses to identify underlying problems and develop practical and effective solutions. I later honed and applied these skills while successfully managing large divisions and serving as Chairman and CEO of several companies, each encompassing many thousands of employees. Later, while serving as a Senior Operating Partner in merchant banking and sitting on many Boards, I further developed the skills to identify and address operating and organizational issues in ways that led to short term performance improvements while building a sound foundation for the future. My approach to problem solving is objective and analytical. I understand the importance of considering a problem - and its potential solutions - from multiple viewpoints. I avoid bias and seek consensus whenever possible. I would be honored to serve on the County Government Productivity Committee and believe that my background and experience could make a major contribution to your achievement of your goals. I look forward to hearing from you. Sincerely, e ~SS~ _~ 11/04/2005 12:14 FAX 9417743602 Bee iii 001 Agenda Item No. 9A January 10, 2006 Page 47 of 65 .t Board of County Commissioners 3301 Eat Tamiaad TraU Nap)., FL 34112 (239) 1'74-8097 Pax: (239) 77~3"1 ~..J C~ I~ ' . ~ ..' :--- - ~ .? Application for Advisory CommitteeslBoards Name:~e.L R. l0Y3S BomePllo..l7~) 2b3-b687 HolDeMdrea: 3\3?> Rum ~ù ZlpCede:~ Fax NO~~ U3-s".3%1kui... Phone:./ e-mail acldna:~ et:J.,.sr. ~ BaD..: Board or Comaittee Applied r.t G,. .AnflJ. (-\ (')\}fYY\mn, A t- p~ J.1&', ~ t 1 (D~ c.teaory (if applicable): SUapie: c--- Dlllrict, DweIøper, ..........1iIt,.,. per-." Are you . ......... voter iD CoDier Coaaty: Yes / No ..... Do fOIl CUrreD.t1y hold p1IbUc omce? V. If.., wllat II tbat"" No v De ,.. _ Ml'We, or baft J" ... _"'.... .. . CGIIier CoatJ board ar _ittIIC' Ya Ir,., p....IiIc..~: No ~ ) -~~~~~~..~- ~~~~=~-~tt;x- _ -.""..,,~ ~~J. \ S~ - &Vc,;L»¡.U~ E1IperieDC8: ~p 1lQ.o\J.IVY}L.1cn ò..D~_. ¡h-o..µ. . 1'Itwc.-d...",..,., ¡"p. ~r Jlf"'þ¡II"'" ßrIII...r<r~n. ",.".~.......... ~ 111...,., . ....." tl/c:.-tI1 C. L æ..1o-ø, .n'l.. .,...., TNII, ~, n. 1411:' qJlf'" ....,...¡ø,..,. wIM I'i ~. (2Ø)114-J1G or..... -- ---- n.vJIMþr........"",.-.... ttfCøllilrc:...or. 1 . e . KARL R. WYSS 3133 Rum Row Naples, Florida 34102 Home: (239) 263-6687 Fax: (239) 263-3306 K wyss@comcast.net Agenda Item No. 9A January 10, 2006 Page 48 of 65 OVERVIEW Senior executive with outstanding performance record with leading companies in investment bànking, industry and consulting. Highly results-oriented. Exceptionally skilled at identifying and resolving major strategic and operating challenges in ways that both enhance short-term performance and provide a solid foundation for future growth. Highly analytical and conceptual. Quick study. CAREER SUMMARY 2000 - 2003 Chairman & CEO, Thermadyne, Inc., St. Louis, Missouri, a $500 million worldwide manufacturer of cutting and welding equipment 1994-2000 Managing Director and Senior Operating Partner, Donaldson, Lufkin, Jenrette Merchant Banking (later Credit Suisse First Boston), New York, New York - Senior Operating Partner - Chairman/CEO of various portfolio companies 1989 -1994 Forstman, Little & Co" New York, New York - Chairman and CEO of Lear Siegler, a group of eight companies with revenues of $800 million 1980 -1989 Automatic Data Processing, Inc. (ADP), Roseland, New Jersey - President, Central and Potomac Divisions, Employer Services Group (1987-1989) - President, ADP Europe, Network Services and Autonet Divisions (1986-1987) President, ADP Europe (1984-1986) - Vice President, Strategic Planning (1980-1984) 4 '-) 1 1974 -1980 1964-1973 KARL R. WYSS - 2 Agenda Item No. 9A January 10, 2006 Page 49 of 65 McKinsey & Company, Inc., New York, Tokyo, Zurich - Senior Engagement Manager 1MB World Trade Corporation, New York and Zurich, Switzerland - Product Line Manager (1971-1973) - Pricing Manager (1968-1971) - Systems Engineer (1964-1%6) INTERNATIONAL EXPERIENCE - United States - Europe (speak German and French) - South America - Australia - Japan - Malaysia FUNCTIONAL EXPERTISE - Corporate and business unit strategy - Finance (P&L, working capital management, balance sheet management) - Marketing strategy and distribution channel management - Operations management (cost effectiveness, quality and service-level improvements) - Sales force management -~_.. -~------- . e e KARL R. WYSS - 3 INDUSTRY EXPERTISE In-depth Knowledge: - Computer services - Computer maintenance services - Cutting and welding equipment - Office equipment Substantial Knowledge: Industrial Products and Services: - Air conditioning equipment - Aircraft maintenance - Automotive components (tier 1 & 2) - CD manufacturing - Contract manufacturing - Conveyorsys~ - Electrical components (relays, capacitors) - Industrial casters - Medical devices - Pollution control equipment Roofing products - Special ty chemicals - Store fixtures - Telecommunications products - Truck and trailer components - Wire and cable products Consumer Products and Other: - Computer software (storage management) - Consumer staples - Cruise ships - Food processing Agenda Item No. 9AgJanuary 10, 2006 Page 50 of 65 .. -) 1 KARL R. WYSS - 4 Agenda Item No. 9A January 10, 2006 Page 51 of 65 CAREER CHRONOLOGY 2000 - 2003 THERMADYNE, INe. St. Louis, Missouri (a Credit Suisse First Boston company) Chairman & Chief Executive Officer Asked by my partners at CSFB-Merchant Banking and the Board of Directors of Thermadyne to take over this debt-strapped and under-managed portfolio company, a worldwide manufacturer of welding and cutting products and services. During my 31/2 years at the helm, I worked to turn around the company's performance and prospects to position it for future success. Accomplishments included: · Restructuring the balance sheet to reduce debt from $870 million to $170 million, taking the company through Chapter XI · Reorganizing the company from 19 independently operating subsidiaries into one worldwide, strategically-focused organization · Consolidating 14 factories into nine state-of-the-art factories in low labor cost areas (Malaysia, Mexico), reducing fixed and variable costs by $16 million per year · Consolidating all international businesses into one organization, leading to a 25 % sales increase in 2003 over 2002 · Consolidating five sales forces in the US into one, leading to significantly better coverage and a sales increase of more than 20% versus prior year · Building a central brand management and marketing organization · Accelerating innovation by bringing several breakthrough technologies to market · Substantially improving working capital management to set free $23 million · Consolidating physical distribution processes from five separate, overlapping order processing/ order execution systems into one common IT platform -- . e KARL R. WYSS - S Agenda Item No. 9A January 10, 2006 Page 52 of 65 1994 - 2000 DONALDSON, LUFKIN, JENREr1"t: (later Credit Suisse First Boston) New York, New York Managing Director and Senior Operating Partner As the first operating partner of this leading private equity fund, I was heavily involved in the acquisition, value creation, oversight, and exit strategy for portfolio companies. My responsibilities included: · Performing intensive due diligence on large new investments · Identifying key issues and value creation levers that contributed significantly to the success of many investments, including OSI, Nimbus, IV AC, OSF, Cambridge Systems, and Brand Scaffolding · Monitoring portfolio company performance, including spearheading the development of new on-line processors to do so on a continuous basis . Addressing key strategic and operating issues in concert with. company management Serving on a number of Boards and Board committees as the DLJ representative Working intensively to turn around the performance of troubled investments, notably MSL, Decision One and Thermadyne · Defining recommended principles to govern the management of portfolio companies and the relationship between DLJ and portfolio company CEOs 1989 - 1994 LEAR SIEGLER, INC. Livingston, New Jersey (a Forstmann Little group of companies) Chairman and Chief Executive Officer Substantially improved the value of each of the eight businesses comprising Lear Siegler, a $800 million diversified industrial and consumer group, despite a severe recession. ~ -) 1 KARL R. WYSS - 6 Agenda Item No. 9A January 10, 2006 Page 53 of 65 · Increased operating income 59% on 4 % higher sales; improved operating margins from 7% to 10%, through major performance improvements in each company · Reduced working capital requirements by 32%, or $13 million · Increased sales value of Lear Siegler businesses by $250 million Achieved results through the following key initiatives: · Upgrading management in all businesses and focusing each team on key growth, profit and cash flow levers, including specific programs to improve market share, profit margins, and working capital management · Lowering break-even points in each business through major reductions in fixed and variable costs (including one major plant relocation) · Improving service levels from as low as 50% to over 90%, reducing cycle times, and substantially improving product quality · Reducing off P&L liabilities by $70 million, corporate overhead from $17 million to $7 million, and letter of credit requirements from a high of $52 million to $30 million Also helped develop core value creation strategies for other Forstmann Little businesses. 1980 - 1989 AUTOMATED DATA PROCESSING, INC. (ADP) Roseland, New Jersey Corporate Vice President and Division President 1987-1989 President, Central and Potomac Divisions Employer Services Group Managed $300 million in revenue in 18 regions. Improved revenue growth from 14% to 23%, and profit margins from 19% to 25%. Results were achieved by: KARL R. WYSS - 7 Agenda Item No. 9A January 10, 2006 Page 54 of 65 - · Turning around six poorly performing processing centers · Improving labor productivity at allleveIs of the service delivery system · Implementing market-based strategies and pricing disciplines · Successfully integrating four acquisitions Also managed group-wide staff of 450 professionals in Product Development, Marketing, Operations and Strategic Planning. Established two key strategic priorities: · Automating the service delivery system to reduce regional labor up to 40% (4,000 jobs) and remove 90% of payroll processing errors · Extending value-added capabilities. Acquired or developed new value- added products and services to augment revenue per payroll client 1986-1987 President, Network Services and Autonet Divisions Ann Arbor, Michigan . Within nine months, dramatically transformed two maturing ADP divisions whose revenues and profits were declining rapidly into the highest margin division in ADP: · Increased net operating income from $9 million in FY86 to $20 million in FY87 on 15% lower revenues · Increased margins from 10% in 1986 to 30% in 1987 and 48% in 1988 Turnaround program included: · Cutting back or eliminating all marginal businesses and costs · Safeguarding the core client base through superior service quality and renegotiated contracts · Consolidating three data centers on two continents into one U.S. center (the largest DEC installation in the world at that time) · Selectively investing in growth areas Received Division of the Year A ward in 1987 . ""_..H""""'"'".'.......,"",...,,""..·,<"'"~,,·,_·,_"',.···.'H.'."m""·I''.....··;",L"""".,;,"'"",.",..,..""'-.....,,,..., KARL R. WYSS - 8 Agenda Item No. 9A January 10, 2006 Page 55 of 65 f/j Mid 1984-1986 President, ADP Europe London, England As President of ADP Europe - 10 diverse business units in eight countries with very uneven performance - implemented a major restructuring that refocused country management on areas of sustainable advantage and produced a substantially higher return on investment. . Within 12 months, turned a $4 million loss into a $6 million profit in 1985, and a $9 million profit by 1987 . Improved cash flow from negative $7 million to positive $10 million Five failing businesses were turned around and then sold at a profit. In mature businesses, non-essential costs were reduced ahead of anticipated revenue declines. Targeted investments were made in areas that grew steadily at 20% per year. 1980-Mid 1984 Vice President, Strategic Planning -) As ADP's first Vice President of Strategic Planning, introduced a practical, issue-oriented approach to strategic thinking and planning. Worked in depth with major SBUs to resolve key strategic issues and led several corporate-level task forces. Developed the first corporate strategy for ADP, leading to several divestitures, a refocused acquisition effort, and major reorganization. 1974-1980 McKINSEY AND COMPANY, INC. New York, Zurich, Tokyo Senior Engagement Manager .., Led joint client-McKinsey teams in resolving a wide range of strategy, marketing and operating issues for the top managements of companies in the U.S., Europe, Japan and South America. Developed the ability to diagnose complex business problems quickly, to develop innovative yet pragmatic solutions, and to communicate solutions effectively to gain commitment to action. Gained expertise in developing corporate, business unit, marketing, and turnaround strategies and in improving management processes. . . . KARL R. WYSS - 9 Agenda Item No. 9A January 10, 2006 Page 56 of 65 1964-1973 IBM WORLD TRADE CORPORATION New York, New York 1971-1973 Product Line Manager Responsible for direct access storage devices (DASD) in the World Trade market - $250 million in revenue. Developed the product strategy for the Winchester product line (ffiM 3340/3350) and led its successful introduction in the World Trade market in 1972 (30 major countries; 50 minor countries). 1968-1971 Pricing Manager, System/370 Responsible for all financial analysis and pricing for the System/370 introduction in the World Trade market. '1964-1966 mM SWITZERLAND, S.A. Zurich, Switzerland Systems Engineer EDUCATION 1966-1968 MBA with Distinction, New York University Graduate School of Business Administration 1%0-1964 lic. Dec. Publ. In Economics and Law, Magna Cum Laude, University of Zurich, Switzerland MILITARY 1959-1961 First Lieutenant, Swiss Army PERSONAL United States Citizen, Swiss born Fluent in English, German and French Excellent Health Married Interests include current events, Formula One Racing, Golf ""¡¡CI';;w,¡¡~,_",*,*,j<j.I_","","","";,,,.O"';""'_;""""·"""¡"."";"'"Þ..w".".".·" Page 1 of2 Agenda Item No. 9A January 10, 2006 Page 57 of 65 '--'Ison_s .m: advisoryboards@colUergov.net Sent: Wednesday, November 09.20055:30 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 #(Lt~r it' ", ......,... . " . .... ~ .' . . .~ . .. . 'þ ~... "4"~ ./ November 09, 2005 Application for Advisory Committees I Boards Name: Stephen Spencer Home Phone: 239-404-0442 Home Address: 270 Stonegate Court ~ City: Naples Zip Code: 34119 Fax Number: 239-694-9900 Business Phone: 239-694-5900 Email Address:steves@thecigroup.net Place of Employment: Gulf Coast Stamping How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: The County Government Productivity Committee Category: (if applicable) No information provided. .-, Do you currently hold public office? No 11/10/2005 Page 2 of2 Agenda Item No. 9A January 10, 2006 Page 58 of 65 e Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: The Southwest Florida Workforce Development Board, 1999 - 2000 The Horizon Council of Southwest Florida - Manufacturer's Advisory Council, 2000- Present The Horizon Council of Southwest Florida - Workforce Housing Committee, 2005 - Present Education: B.S., Metallurgical Engineering, The Pennsylvania State University, November 1982 - Experience I Background: Owner, Gulf Coast Stamping, Fort Myers, Florida, 2001 - Present: Manage a small manufacturing business. The business has grown 400% in revenues and staffing in 4 years. Daily responsibility for sales, order entry, planning, purchasing, shipping, bookeeping. Also manage marketing, capacity planning and equpiment acquisition. Vice President of Manufacturing, Pall Aeropower Corporation, Fort Myers, FL, 1995 - 2001: Overall responsiblity for the management and operations of a 300 person manufacturing facility. The principal author of "Continuous Improvement - A Road to Lean Manufacturing" for the Aeropower Division, which outlined "The Philosophy of Continuous Improvement" and the actions to achieve it. Initiator of over three dozen Kaizen Events and Tornado Improvement Teams. - 11110/2005 ...,".""""""""".._,-".,.,..,...-"""...."''''''~'',.,,...''''''''.,,''''',,',...,';t.'''.N""..;".""".",,,·,,,_, Page 1 of2 Agenda Item No. 9A January 10, 2006 Page 59 of 65 -~Ison_s Am- advisoryboards@colliergov.net ~nt:- Sunday, November 06, 2005 4:17 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 «Lt~' i¡.1 ", ....... ~ 'J. . .""'. - ~ . . .-' ", -. . 'þ ,'._¡.4'~ ¡' November 06, 2005 Application for Advisory Committees I Boards Name: Charles E. Carr Home Phone: 239-248-5665 Home Address: 1707 Reuven Circle, #4 City: Naples Zip Code: 34112 .t Fax Number: 239-774-9468 Business Phone: 239-774-8278 Email Address:ccarrct@aol.com Place of Employment: Collier County Supervisor of Elections How long have you lived in Collier County? 3-4 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: County Government Productivity Committee Category: (if applicable) N/A J Do you currently hold public office? No 11/7/2005 Page 2 of2 Agenda Item No. 9A January 10, 2006 Page 60 of 65 -- Do you now serve, or have you served on a Collier County board or committee? If yes, please list the boards I committees: United Way Financial Advisory Committee Yes Please list your community activities: East Naples Kiwanis - Former Member Education: High School Graduate B.S. Business Administration MBA Business Administration Experience I Background: 4 Years Active Duty and 4 Years Reserve Duty in the United States Marine Corps. Over 20 years experience in the Domestic and International Marketplace in Large Manufacturing Organizations with P&L Responsibility from Entry level Management to Director of Worldwide Service Operations. e . 11/7/2005 -----------~ --~--- ----- Page 1 of 2 Agenda Item No. 9A January 10, 2006 Page 61 of 65 -'~son_s .am: advisoryboards@colliergov .net Sent: Thursday, November 03,20054:46 PM To: filson_s Subject: New On-fine Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 ".&..- t1.\i' . . .~.. ~ 'J . .~. ~ .' . ··:.f~ November 03, 2005 Application for Advisory Committees I Boards Name: Bradley A Boaz Home Phone: 239-659-7006 Home Address: 2185 Outrigger Ln ~ City: Naples Zip Code: 34104 Fax Number: 239-263-3339 Business Phone: 239-403-6712 Email Address:bboaz@barroncollier.com Place of Employment: Barron Collier Partnership How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: County Government Productivity Committee Category: (if applicable) No information provided. .., Do you currently hold public office? No 11/4/2005 Page 2 of 2 Agenda Item No. 9A January 10, 2006 Page 62 of 65 -- Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Prior Board Member, Executive Committee Member and Chairman of Public Policy Committee for Economic Development Council (2000-2005) Education: B.S. Accounting - University of Florida e Experience I Background: Currently Chief Financial Officer of Barron Collier Partnership. I oversee all financial areas of the Companies' operations including Accounting, Treasury Services, Taxation and Information Technology. I assist in negotiation and structure of business deals and handle preparation of many of the legal agreements. Prior to Barron Collier, I was with KPMG Peat Marwick in Tampa, Florida for 10 years specializing in Financial Institutions, Information Technology and Public Companies. -- 1114/2005 ". .. lIIrlliillMllla;' ~1M1IW_1I'1IIII_~"_;'-_H!fIt"I';#,"M"¥¡''''lIt''':':'·''"';'' Agenda Item No. 9A January 10, 2006 Page 63 of 65 November 3, 2005 . BRAD BOAZ 2185 Outrigger Ln Naples, FL (resident since February 1990) EDUCATION Associate of Arts Degree - St. Petersburg Jr. College, FL (High Honors) Bachelor of Science-Accounting - University of Florida (Honors) Certified Public Accountant (Florida) ~ BUSINESS AFFILIATIONS Barron Collier Companies Chief Financial Officer (1998 to Present) Areas of responsibility include Treasury Services, Taxation, Accounting, Information Technology and coordination of Legal services Director of Finance (1996 to 1997) Controller (1990 to 1995) Financial Manager of Planning and Special Projects (1990) KPMG Peat Marwick Entry Level to Senior Manager (1980 to 1990) COMMUNITY ACTIVITIES Leadership Institute 2005 Leadership Collier Class of 2002 Former Board Member, Economic Development Council-Collier Former Co-chairman, Economic Development Council Public Policy Committee Former Executive Committee Member, Economic Development Council-Collier Member, President's Forum of Southwest Florida WORK HISTORY My work with Barron Collier Companies included significant involvement in Agriculture (growing, packing and sales of citrus and vegetables), Mitigation Banking and wetlands regulations, Contract Negotiation, Real Estate Development (residential, commercial and industrial), Oil and Gas Production, Condemnation, negotiations for Right of Way Acquisition, Road Construction, Utility Financing and Operation, assessment of Affordable Housing alternatives, Healthcare Coverage, Payroll, Tax Planning, Financial Projections and Strategic Planning. My work with the Economic Development Council included significant involvement in Public Policy and Government Affairs, Business Incentives, Business Recruitment, Site Assessment and Educational planning. ., My work with KPMG included significant involvement in Information Technology Reviews as a Computer Audit Specialist, Computer Programming, Public Company Audits and SEC Reporting, Financial Institutions, participation with the Resolution Trust Corporation and significant personal involvement in planning, valuation and structuring of a Leveraged Buyout of a Fortune 500 Company. Page 1 of 2 Agenda Item No. 9A January 10, 2006 Page 64 of 65 filson s em:- advisoryboards@coltiergov .net Sent: Monday, October 31. 2005 3:39 PM To: fi Iso n_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 t ~I..: ~~.I, ". :"... .. ~ : -:;! . - . .. . "' "~ ". . ~f ..' ~ / October 31 , 2005 Application for Advisory Committees I Boards Name: Robert DiBenedetto Home Phone: 239-353-2722 Home Address: 291 Glen Eagle Circle - City: Naples Zip Code: 34104 Fax Number: 239-262-7343 Business Phone: 239-262-8686 Email Address:rdibenedetto@larsonallen.com Place of Employment: larson Allen F/KlA Girardin Briant Baldwin How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Productivity Comm ittee Category: (if applicable) No information provided. -- Do you currently hold public office? No 10/31/2005 ------~"_._-- ---------~ ~. ) -1 10/31/2005 Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Past President Kiwanis Culb Pelican Bay Past President Naples Estate Planning Council Former Board Member Hospice Planned Giving Committee Conservancy and The American Red Cross Recently joined the Planned Giving Committtee Boys and Girls Club Education: M.S. Taxation Pace University NYC BBA Pace University NYC Experience I Background: Practicing CPA for 30 Years Page 2 of2 Agenda Item No. 9A January 10, 2006 Page 65 of 65 EXECUTIVE SUMMARY Agenda Item No. 98 January 10, 2006 Page 1 of 11 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY PLANNING COMMISSION OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant tenn, expiring on October 1, 2007, to the Collier County Planning Commission. CONSIDERA TIONS: The Collier County Planning Commission has 1 vacancy due to the death of a member, with the tenn expiring on October 1, 2007. This 9 member committee assists in the fonnulation 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 Fonn 1, Statement of Financial Interest each year with the Supervisor of Elections. Tenns are 4 years. A list of the current membership is included in the backup. We currently have 1 vacancy due to the death of Kenneth L. Abernathy representing Commission District 4. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT I Tor Kolflat CATEGORY lli.[I ELECTOR AnV. COMM. I Commission District 4 ~ None ,...-, COMMITTEE RECOMMENDATION: Quasi Judicial Commission - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confinning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 10, 2006 - Agenda Item No. 96 January 10. 2006 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 98 Appointmenl of member to the Collier County Planning Commission 11101200690000 AM Prepared By Sue Filson Exe.:utíve Manager 10 the Bee Date Board of County Commissioners Bee Offi ce 12120/200510:40:25 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12120/20058:02 PM Agenda Item No. 98 January 10, 2006 Page 3 of 11 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Susan Murray, AICP, Director, Department of Zoning and Land Development Review Date: December 14, 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 reconnnendations 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 infonnation for the applicants. Should you need additional infonnation please don't hesitate to contact me. cc: Joseph K. Schmitt, Administrator Community Development & Environmental Services Division c:o<.o..-- 010..-- '-90 ..:>"':!" t:"-- 0) O)>.CJ) _....rn ~~o... -oc crn 0), CJ) <{ = ~ ~ t> ð -=~.. ÞÐ:5! .~ = ~ = ~=:8 - ell = c:> - .¡ $ = ~ g c:> .. .- ~~i u =-= = = .- ~ ¡: t ~u u t! 11 -8 :e; C IV o C o -¡ Ë E o o ~ .5 c C IV õ: ~ C ::J o o .. :! õ o = c:> .¡; 1:; .ss ·C e - ~Š u ~ ~ ('<1 N g -e ::s Q.. oil .S s.. CI) CI) = '5'0 c: ~ d (.;) .~ -fi~ CI) .- :E ~ > V) .- :E:5 = c:> .- - ell C. = ~ o 1š .!:I .... ~ .... - o - = ~ .. = u .... CD C) III a. '<:t ~ ~ E .. '0 0 "C ~ -< (.;) ::s ~ ('<1 - r--- N ~ E ell Z ~ - ell "1:1 «i ;; = It) = ~ 0 ell 0 U ~ ... ~ 0 ..... ~ Ñ ..... MEMORANDUM Agenda Item No. 98 January 10, 2006 Page 5 of 11 - '1 ··._ø~ DATE: November 21, 2005 '. TO: Elections Office ::. FROM: Sue Filson, Executive Manage! Board of County Commissioner RE: Voter Registration - Advisory Board Appointments The Board of County Connnissioners 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. COLLIER COUNTY PLANNING COMMISSION COMMISSION DISTRICT Tor Kolflat 2713 Buckthorn Naples, FL 34105 1 Thank: you for your help. Agenda Item No. 98 January 10, 2006 Page 6 of 11 Collier County Planning Commission Name Work Phone Âppt'd Exp. Date Term Home PIrone 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: bobsaiIs@msn.com District: 1 Category: Commission District Mr. Russell Tuff 353-1687 09/27/05 10/01/09 4 Years 2642 44th Terrace, S.W. 353-1687 Naples, FL 34116 E-Mail: russeJl@tufthews.com District: 3 Category: Commission District Mr. Robert Vigliotti 293-1040 04/13/04 10/01107 3+ Years 2769 Island Pond Lane 593-6604 Naples, FL 34119 E-Mail: robertvigliotti@Comcast.net District: 3 Ccltegory: Commission District ~ Mr. Kenneth L. Abernathy <;;tÞtO 09/29/99 10/01/03 4 Years 4200 Belair Lane, Apt. I 08 26~295 09/10/03 10/01107 4 Years Naples, FL 34103 E-Mail: kla@att.net District: 4 Category: Commission District Mr. Paul Midney 658-3000 09/25/01 10/01/05 4 Years 1807 Roberts Avenue 657.6815 09/27/05 10/01/09 4 Years Immokalee, FL 34142 E-Mail: midney@aol.com District: 5 Category: Commission District ..-¡ ·Wl!dnesdQJ'. September 18. 2005 Page 1 of3 Agenda Item No. 98 January 10, 2006 Page 7 of 11 - . Collier County Planning Commission Name Work Phone Appt'd Exp, Dafe Term Home Pl,one DateRe-appt 2ndExpDate 2nd Term Mr. Mark P. Strain 404-0104 09/11/01 1 % 1/04 3 Years 3675 Third Avenue, N.W. 455-7858 09/28/04 1 % 1/08 4 Years Naples, FL 34120 E-Mail: mpstrain@aol.com District: 5 Category: Commission District Ms. Donna J. Reed 09/28/04 10/01/08 4 Years 790 Wiggins Bay Drive 514-2780 Naples, FL 34110 E-Mail: djreedl@comcast.net District: 2 Category: Commission District Mr. Bradley William Schiffer 254-0285 02111/03 1 % 1/04 1.5 Years 520 Sugar Pine Lane 254-0285 09/28/04 10/01/08 4 Years ..-~ Naples, FL 34108 E-Mail: brad@taxis-usa.com District: 2 Category: Commission District Mr. Lindy Adelstein 09/25/01 10/01/05 4 Years 239-1Palm Drive 732-0966 09/27/05 1 % 1/09 4 Years Naples, FL 34112 E-Mail: lindyadel@cs.com District: 1 Category: Commission District Ms. Amy Taylor 254-4395 10/14/03 10/01/07 5775 Osceola Trail Naples, FL 34109 E-Mail: District: Category: School Board RepresentativelNon-Voting Member ~. Wednesda.r. September 18. 1005 Page 2 of J Agenda Item No. 9B January 10, 2006 Page 8 of 11 Collier County Planning Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member committee was created by authority of Chapter 67-1246, Laws of FL. On 09103185 the sec 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 09/24185, 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 10114103 that they will be a non-voting member. ,,-~-. FL STAT Staff: Susan Murray, Zoning and Land Development Review Director: 403-2300 "--r, WednesdaJ'. September 28. 2005 Page J of J ..---.-"- ..-- MEMORANDUM Agenda Item No. 9B January 10, 2006 Page 9 of 11 DATE: November 21, 2005 TO: Susan Murray, Zoning and ~elopment Review Director Sue Filson, Executive Manage . Board of County Cornmissio. ~ Collier County Planning Commission FROM: RE: As you know, we currently have I vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Tor Kolflat 2713 Buckthorn Naples, FL 34105 Please let me know, in writing within the 41 day time-ftame, if the applicant is qualified to serve as a member on the board, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants to be reappointed. 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 ·-·"··..··..,·,,,,,,"""·.._""",··,"',,,.,·Ö',;,,;,¡.W".'''h' Agenda Item No. 98 January 10, 2006 Page 10 of 11 -- . Board of County Commissioners DOl East Tamiami T....i1 Naples. FJ. 3411:! " (239) 714-8097 Fax: (439) 774-3&02 .... Application for Advisory ComlnitteesJBoards Name: 7(,1f I< O¿ ¡::.- ¿ A r Home Phone: -'1"5" () f 71 HomeAddress: 27/3 ßI/~"r;tVð~NJ hAA4,f"'jJ.pcode: J,¡. l&Jj . Fax No. .ìJ3r. f) 773 Business Phone: .}'A,A?£ .....U address: AH~ rk' 7'ó.A' t! A fI~ Place of EmployJDellt: ~û¿.~y ~ ;rut£,t> , BosrdorCommiUe&AppIiedfor: ""¿~øFlt ¿"//Þ7 Y .,P¿,l//AMI/AI ¿ ¿-ÞH~I S J/ðH Cate:;ol"y (if applicabìc): Eumple: Comllllatea Dlmitt. ~........ ~1"'_"1III..Ia)· p_ft, m. How 101111 haye you lived in CoUier Cou.aty: \'c:an 2:1 Ylontbs Are ~Q a registered ¥Gter ÌJI Collier County: Yes Y" No Y.t!"A/f ~ ØV,Jp Do you currentfy boW public omœ! Yes If so, ,,"'t" tlaat .maT ~o" Ý ~ H:ne you ever been convicted of aay offense apfnst the Law? Yes No If yes, a:pbia: Do }'ou ø_ serve,.r ba\-'e )'Ota f:'\ol!r ~cd, OD. Callier Couøty board t»r commlnee'! Yes Y'" No Jfy<5t pHaac Iùt die wm.ølÌál:Clll'bAnk: C 6~ ¿.¡ê ~ C # ¡/ N''?'''Y VT /~ "F Y "" IJ.Q .K <IF ìJ".¡;'J...III1> ð;f Y BMA J) . y Please Us1 your œmmua(ty activities (chic clubs. ndgbborbood ~tiODS" .-c.. and positions held: J /F"~ A?TACN#.p "~ÞeA/¿)vl-1 / TGN Å -PÞJtþt1E ¿./, ,,~ ~. Ex.perience: .J'~...rr.- A.71¿fJ 'N¿'" A.t>.PI4/¡ðv"","" "It ;lQ1f tV=A..r.r r ÞN4 ¿ ¡;;.: 11 "'.JIIA/A¡2N~ ð ./ T.ç:' .." 8 "I' Ñ¿) 1v~7;~ ¿tJ/,/4"k¡lÞ"lß'NTA,¿. AI..,.. BA""'¿"''' oArY Pit ÇAN/2 AT;ø,/tl,r'/k ~ rR;, ¿!. ,... .-dt -MY II1fItIiIi..,, ùr""""" ye.,/Mf /IIUfIN!II& 7Iis"",....1ItiNM ..¡.,..,.. t. Sw n- EJøiIø.#lwtt M..-¡¡w " .J..rthfC....c~J"LfG:T.....,T......."..,FI.~UJ2 Jf$-....~JO~./i ' ,. (337)774-301... _fill ",.",.ms.II(fI~!tft.. """ItkJ!OMþr~q" _,iIr ~ ,,¡c.rlirorC_O-. " Agenda Item No. 98 January 10, 2006 Page 11 of 11 -- Tor Kolflat Addendum to ADDllcatlon for·Plannlna Comml_ion A. Community Activities (Clubs, Neighborhood Associations Etc). 1. Founding DI""tor of Forum Club of Collier County 2. Founding Member of Collier Athletic Club 3. Past Commander of Naples Pow. & Sailing Squadron 4. Past Commodore of Naples Sailing & Yacht Club 5. Past Commodore of Florida Council of Yacht Clubs 6. Member of Rotary Club of Naples North 7. Member of Naples Elks Lodge 8. Member of Grey Oaks Country Club B. Professional Experience 1. 2. III 3. 4. 5. 6. 7. 8. 9. EffIciency Engineer at CommOßW8llIth Edison Electric Partner & Manager in Sargent &,Ieundy the largest (5000 Personnel) and oldest (founded 1891) consulting engineering firm specializing in design and construction of gas, 011, coal, & nucl_r power plants & transmission lines Appointed Fellow In American Society of Mechanical Engineers Chalnnan of AmerIcan Power Conference Member of AmerIcan Nuclear SocIety Member of Western Society of Engineers Licensed Professlona' Eng....... In _vera' states Thirty published technlcel articles Florida licensed R_I Estate Broker c. Expeñence with Govemmental ad Regulatory Organizations 1. 2. 3. 4. 5. . 6. Submitted environmental impact testimony for a United States Supreme Court ca_ Testified before the United States _te Public Works Committee regarding environmental Impacts Member of Illinois Energy Resources Commission Member of Collier County UtIlity Rate & Regulatory Board Member and Chalnnan of Naples Planning Advisory Board President of Naples CIvIc Association Waterway Council EXECUTIVE SUMMARY Agenda Item No. 9C January 10, 2006 Page 1 of 13 APPOINTMENT OF MEMBER(S) TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members and continu 1 member representing Everglades City to serve 2 year tenus, expiring on December 31, 2007 to the Ochopee Fire Control District Advisory Committee CONSIDERATIONS: The Ochopee Fire Control District Advisory Committee had 3 tenus expire on December 31, 2005, representing the Port of the Islands, Plantation Island and Everglades City. This 5 member committee advises the Board on the budget and operation of the Ochopee Fire Control District. Members must reside within the taxing district. Tenus are 2 years. A list of the current membership is included in the backup. The tenus for Julianne Ballard (Port of the Islands), Councilman David Loving (Everglades City), and John L. Pennell (Plantation Island) expired on December 31,2005. A letter dated November 28,2005 was received from Mayor Sammy Hamilton, Jr. requesting that Councilman David Loving be reappointed to represent Everglades City. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY ill.§! ELECTOR ADV. COMM. John PenneIJ-re-a t Plantation Island Julianne 1. BaIJard-re-appt Port of the Islands COMMITTEE RECOMMENDATION: John Pennell- re-appointment David Loving - continuation A TTENDAN CE: The committee is not recommending the re-appointment of Julianne J. Ballard due to poor attendance and lack of input at the meetings. Mr. John Pennell has perfect attendance. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint members, and direct the County Attorney to prepare a resolution continuing the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 10,2006 - Agenda Ilern No. 9C January 10. 2006 Page 2 of 13 COLLIER COlINTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9C Appointment of members to the Dchopee FIre Control District Advisory CommiUee. 1/10/20069:00:00 AM Prepared By Sue Filson Executive Manager to the ace Date Board of County CommissÎoners Bce Office 12/20'200510:40:25 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's. Office 12/20/20057:50 PM .;., Agenda Item No. 9C January 1 0, 200~" .- F:~if·~ of 'F f~:~'~ ~." :- .. t ":. ~,.j '" ,,' ,.J .;, . Memorandum Date: 12-12-05 To: Sue Filson, BCC From: David Loving, Chainnan Ochopee Fire Control District RE: John Pennell and Julianne Ballard renewal to OFCD Advisory Board Ms. Filson, Please be advised that at the regular meeting of Ochopee Fire Control District Advisory Board held December 12, 2005 the aforementioned Mr. PenneD was recommended for reappointment to the Ochopee Fire Control District Advisory Board, however the board elected not to approve renewal for Jnlianne Ballard doe to poor attendance and lack of in ut. ~ / .--- Emergency Services Division Dee 15 05 09:17a ,- Agenda Item No. ge· 2 January 1 0, 2006 Page 4 of 13 (i)~ . . ro _ ,0 Memorandum Date: December 14,2005 To: Sue FlIson,'BCC From: Unda Swisher, Ochopee Fire Control District RE: Ochopee Ftre Control District Advisory Board attendance for John Pennell and Julianne BaUard The following is the attendance record for the aforementioned dating from 12-16-03 to 12-31-05: MEETING DAlES JOHN PENNELL JULIANNE BALLARD 1-13-04 Present Present 2-17-04 Present Present 3-9-04 Present Present 4-5-04 Present Present 5-11-04 Present Present 6-15-04 Present Present 1-11-05 Present Absent 2-8-05 Present Present 4-11-05 Present Absent 6-20-05 Present Absent Page 1 Emergency Services Division Dee 15 05 09:17a . Agenda Item No. 9E . 3 January 10, 2006 Page 5 of 13 MEETING DATES JOlIN PENNELL JULIANNE BALLARD 10-10-05 Present Absent (Volunteered with the Red Cross for Katrina) 12-12-05 Present Absent John PenneD attended aD of the meetings. Julianne Ballard missed five meetings. Page 2 Emergency Services Division Agenda Item No. 9C January 10, 2006 Page 6 of 13 Ochopee Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Julianne Ballard 394-3101 12/16/03 12/31105 2 Years J 1?0 Newport Drive, # 1 07 389-0752 Naples, FL 34114 E-Mail: District: 5 Category: Port of the Islands Mr. Kent L. Orner, Sr. 01107/97 12/31/98 2 Years P.O. Box 659 695-3546 12/14/04 12/31/06 2 Years Chokoloskee Island, FL 34138 E-Mail: District: 5 Category: Chokoloskee Councilman David Loving 695-3781 03/28/00 12/31101 2 Years ¡/' P.O. Box 110 12/16/03 12/31/05 2 Years Everglades City, FL 34139 E-Mail: District: 5 Category: Everglades City Council Mr. Mitchell A. Roberts 06/28/05 12/31106 1.6 Years P.O. Box 14 (350 Old Train Lane)- 293-3100 Copeland,FL 34137 E-Mail: Di.ftrict: 5 Category: Copeland Mr. John L. Pennell 12/14/99 12/31/01 2 Years P.O. Box 513 695-4491 12/16/03 12131105 2 Years V Everglades City, FL 34139 E-Mail: District: 5 Category: Plantation Island Wednesday. June 29. 2005 Page 1 of2 Agenda Item No. 9C January 10, 2006 Page7of13 ~ Ochopee Fire Control District Advisory Committee Name Work PIrone Appt'd Exp. Date Term Home P¡'one DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 89-98 to advise the Board of County Commissioners on the operations and budget of the Ochopee Fire Control District. Members must reside within the boundaries of the Ochopee Area Fire Control Special Taxing District, 1 member from Everglades City (appointed by the Mayor), 1 member from Plantation Istand, 1 member from Chokoloskee, 1 member from Lee Cypres (Copeland) and 1 member from Ochopee. Tenns are 2 years. Ochopee Fire Control Disbict - 695-4114 Amended by Ord. No. 89-98 --". FL STAT 125.01 ,Waff: Chief Paul Wilson, Ochopee Fire Department 695-4114 .,--;-~ Wednesday. June 19. 2005 Page 2 of 2 - .._--~- -~----_.~~~-- - ~_. Agenda Item No. 9C January 10, 2006 Page 8 of 13 MEMORANDUM r'. ) . ) DATE: November 21, 2005 FROM: Sue Filson, Executive Manager Board of County Commissione ~ ",;,." TO: Elections Office RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. OCHOPEE FIRE CONTROL DIST ADV COMM COMMISSION DISTRICT John Pennell 32 E. Flamingo Drive P.O. Box 513 Everglades City, FL 34139 5 5 Julianne J. Ballard 290 Newport Drive, #107 Naples, FL 34114 Thank you for your help. City of 'Evergfades City Agenda Item No. 9C January 10, 2006 Page 9 of 13 P.O. Box 110 Everglades City, Collier County, Horida 34139 City Hall 102 Copeland & Broadway Phone (239) 695-3781 Fax (239) 695-3020 ~" November 28, 2005 Ms. Sn~. Execu~et Board of Collîer County Commissioners 3301 EastTamiami Trail Naples, Florida 34112 R.e:·Ochopec: Fire CòntrolDistrict Advisory Committee Dear Ms. Filson: As Mayor of Everglåâes City, fwould likÔtòl1ave David Loving's position renewed for the coming year on the Ochopee Fire Control Advisory Board. By this letter serving as my request:, that you present the appointment recommendation to the Board of County Commissioners for their consideration and approval. Should you have any questions or require additional infonnation, please feel free to call m~lfor Dottie Joiner, City Clerk at the above number. Sinçètely, øI~/~~ Sammy Hamilton, Jr. Mayor Mayor Sammy Hamilton, Jr. City Clerk Dottie Smallwood Joiner City Attorneys Chris Lombardo I Tony Pires Nov 28 05 P~:44p . Agenda Item No. ge· 2 January 10, 2006 Page 10 of 13 t .M..... -.;: ---- '--" . Board of County Commissioners 3301 East Tamiami Trail Nap1es. FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory CommitteeslBoards Name: "0 A 1/ t"b Lo V I Ai if Home Phone: 695"- 0 ~ ç ~ Home Address: 40 ( 4 L¿ €. AJ A v€ . Zip Code: "374-/3 9 FuNo. -- BasincuPbooe: 64Q-74,Ç.::j' e.-mailaddras: "J)?L 40( ~ .4ðC-. c::..::.1V'l Place of Employeemeut: 7)1'4 V t l) .J-o V" N 6r :r GW 67.. G}12-.S Board or Committee Applied for: ð<::.. H ð.P~ ~ ¿~. t?o~r ¡e.ø '- ""-DI,S-r£/G -r ,4 V /-:¡; e> tGY Category (if applicable): E_ple: c-........ DWrid. Dtm:Ioper, _~.Iw., iII)'.--." -- How long bave you lived in Collier County: Yean ~ Months / Are you a regùtered voter in CoUier Couaty: Yea '.< No Do you curreotIy bold public otTJCe? Yea X 11 10, wbat is that omce? t: V ~ J€ <ir-/ ..tI b;:::<ö No Go , 'T-y C. 0 u AI c. I Co..- Have you ever been coDvicted of any offense against the Law? rryes, expbdD: Yes No ~ Do Y01l DOW serve, or have you ever MIrved, DB . CoWer COUDt)" board or COIDmlttoe? Yes Ify., pIeaIe Ibt the committeellboardJ: -r"b ~ ) /VI P ^ x No Please list your commulÛty adiviges (civic dub~ neigbborlaood 8I.OCiatiODl, ete. and positions beld: '''(J/V; c :::::~ <.. ::~:~~:J GV~~/_Ab,c;-".5 ~D~ €"vç;;"Jfe.ynAl '"ð . ~ I ,c I Education: Go C-t..-C;;-~ / .;1?'7 A''S''1'"b?e ( :::!"€W~ ExperieDce: 5ç;¡?v§'"'ð o,¡V ?'""'N.I' c.ot'1Jeha ,&o,.e.... & Ý¡;¡-?1'R.<: :; ;,;~~ ~ "Î):~ r.? _ ~ y"A -- I =""-- ¡;z y"'>' """ .I :ø. Þb n-_lIIt4dIarv f'~~.-' ÚÚ-*"YflMJ-pmi¡unL T¡,ä IIppIi.cølìM w"u ._J-ú4,. s.. Ffb-. Eøt:IItì., M.".,.rø lit. BmInl qffÅHlllO' c-",;,.:-..., 1311 Eøt r..øù Trllil, N'" FL 34112. [fyOfl -", ""1" JItHI' ~If III (2"')7T4-$fí(J2 ØI'''''¡¡ rø sNÑIÚo/lÚiX:6lliøn!ov.ML 1'.... J'fIII/er ~ ,....."." ~ øj'CoI1JM c.ø....y. MEMORANDUM Agenda Item No. 9C January 10, 2006 Page 11 of 13 DATE: November 21,2005 TO: Chief Paul WIlson Ochopee Fire Control District FROM: Sue Filson. Executive Manager Board of County Commissioner RE: Ochopee Fire Control District Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: John Pennell 32 E. Flamingo Drive P.O. Box 513 Everglades City, FL 34139 Julianne J. Ballard 290 Newport Drive, #107 Naples, FL 34114 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 include in your return memo the attendance records of the applicants to be reappointed. 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 Nov 10 05 03:S0p . ~ Agenda Item No. 9Cp. 2 January 10, 2006 Page 12 of 13 . Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34111 (239) 774-8097 Fax: (239) 714-3602 A~ication for Advisory Committees/Boards Name: JõhJÙ ~NrJ~ ~11 BomePhone: d3<7-G9ýr'lf/ _ I""': M~f LI "'9" Y ò- ~.5"Î..3 . Home Address: 32 It- ,-t.I1fl' J Nr¡Q D",. Zip Code: :3 Lf / ß 9 Fax No. -- BaßøesI P~Gae: --- H1UÛI addtea:..§J J1AW~¡/ ~ tltTlt, Lt J~, ""~7 ¡::::-¡I"" ojP DD:A1\ré! Place of Employeemem: jJ /Ç /J J, (-(Jd Board or Committee Applied for: ~W Category (if applicable): ~plr. c--w.. ÐiItrid. Developer,~ lay penon, de. /.3 11/' Months V No No ~ -, Bow long have you lived in Collier County: Years Are you a reaïstered vClter in CoWer Couty: Yea Do you currently hold public office? YeI If 10, Wbat Þ thä ul'ßce1 ( ¡:.,.¡f¿ 1) J Ny ,. ((¡,,7 IYJ L ~ 'l S'ú Þ~J.AN 'Z cIJ"d ¡.PI l($..e ·/11/ Cult ¿ . {:-f 9 h ,. .6 ~re.~ t r\1 .p I r (J·wð:r; OM lAIr¡. +- J PI.cøI.1IIIiIdf GIÐ' IIIÚIÌIMnUÚ~YfII'/ftlpliltfÌMfrt. TIM ~,¡,-u "/~ ,.s.. PIIron, EøctIIive M~ co r/N S-tl.,~ ~"'"' 3301 E.- 7'--'; 'l'røil, Nttpl.ts, FLJ4111. !/JIØII-h.11I-øi-yøwøpplil:tlliørltl Çl.Jf)71<.J1fIJ1 tIT __", S-rdsDtI~f'POV."et. Th...t yøuft1r ~",~. c:i/iøM ofC#tÞllJør~· Nov-07-0S 13:13 Juli or John Ballard Nov 07 as 01:SSp . ~ -- - . 2393890752 Agenda Item N~f~ 02 January 10, LuD6 Page130f13 Board of County Commissioners 3301 East Tamiami Trait Napics, FL 34112 (239) 774-8O!J7 Fax: (239) 774-3602 ~,~,y .- ~~~J.:'.l.' " :... ..~ 'if ~ ~ .. . ~ Application for Advisory Committees/Boards NaJIIe: oJ;, II A ¡.Jµé ..::r. ßF+ "AU HOIIIC......: Â:J 9 .;)..73 9ðe::> 7 HemeAddn:ø:d~ At,br'~'/ ¡jr. ~/ð7 ~Code: ZJÝ'//l/ Fax N.~~q~Xq 074- BIIIi_ .Itolle: e-naaiI ..wren: ..Juh hI') I e J~IJC. c.o") PIKe ofEmployeallalt: Board or CGIIIIIIiUa: Applied for: It},-, A-r"'-- .{!b-. (1 ~ í£ø J ¿:s -n?/c.:f C*IDr.J (if wv-"'Je): ~ c- 0.. ...... ~...... -~ Jay........ Row lOlli_we you lived ia CeUier Coat)': Years .::J3 / Moadll 7 Arc)'OU. a.L.~~ yotcr ill Cellia' C8IIIdy: y~ Do ,.. culTCldly Iaold pIIbIic eftiœ? Ya If... wtaat....eaa? N. No / Have Y08 ever beea co.vitted or aay offeue apialt the Law! Ya; u,.. apI.ù: No / Do,. -ICIYC, Dr"N yea Cftf'1CIWd,. _. = c....ry ~~~7 r-,. Jl,.,.--u.tIIc-~..: tr~ 72!11 / 1'f. I'IeaIe lilt ,.... (.......ity adiYitia {civic dIIbs, Däpberlaood aøocilltio.1,. elL ud poIkie.. bdd: ~:::;~~t1;;z ~1:~~~ ...-- EdueadOll: tJ If ;; - ß. s.. ~~þ.~ þ~ /?7~~ ~j;;'f;"~;::;~7ë1Jß-t; .-...,,-..... ..~ u/,._ ~ ,,..,..,,.,.... J» 11 . . ......,-~..sw1lllM. '" '..II....... ....."c....c.. .. ..~Ml..,T----TrwII.~n.NIlJ. q;""""""ÞW""-1 .. 'u. (Zn7'f~..--.Il.~~...._. n..It,."þrr' r J J.,.._...~..,c.Aor~. Agenda Item No. 90 January 10, 2006 Page 1 of 28 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE DEVELOPMENT SERVICES ADIVISORY COMMITTEE OBJECTIVE: To appoint 4 members to serve 4 year tenus, expiring on December 14,2009, to the Development Services Advisory Committee. CONSIDERA TIONS: The Development Services Advisory Committee had 4 tenus expire on December 14,2005. This committee is composed of 15 members and represent the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. A list of the current membership is included in the backup. The tenus for Herbert Rosser Savage, Clay C. Brooker, Charles Morgan Abbott, and Justin Martin expired on December 14, 2005. A press release was issued and resumes were received from the following 7 interested citizens: ,,""- . APPLICANT CATEGORY DlST ELECTOR ADV. COMM. James E. Brougton Architect 2 Yes None David E. Bryant Attorney 2 Yes None Clay Brooker-re-appt Attorney 2 Yes DSAC Tom Reynolds Professional Engineer 2 Yes None Reed Jarvi Engineer 2 Yes None Mario LaMendola Architect 3 Yes None Arthur Schoenfuss Professional Engineer 2 Yes None COMMITTEE RECOMMENDATION: Charles Morgan Abbott - reappointment Clay Brooker - reappointment Appoint 2 other members from list or 3 members if Charles Morgan Abbott is not reappointed: James E. Boughton David E. Bryant Reed Jarvi. .- NOTE: Charles Morgan Abbott did not reapply. NOTE: Section Seven (B) of Ordinance 2001-55 states "Tenus of office for Board members shall be limited to two consecutive tenus of service on anyone Board. . ." Under (D) ofthe 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, Charles Morgan Abbott has served 3 full tenus. Should the Board wish to re-appoint Mr. Abbott, the limitations on two consecutive tenus will need to be waived. Agenda Item No. 90 January 10, 2006 Page 2 of 28 ATTENDANCE: 2004 -12 meetinQs Charles Morgan Abbott - attended 8 of 12 meetings (67%) Clay Brooker - attended 10 of 12 meetings (83%) 2005 - 12 meetinQs Charles Morgan Abbott - attended 9 of 12 meetings (75%) Clay Brooker - attended 11 of 12 meetings (92%) FISCAL IMP ACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 4 members, and direct the County Attorney to prepare a resolution confinning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 10, 2006 - Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 90 Aqenda lIem No. 90 . January 10, 2006 Page 3 of 28 1/10/20069:0000 AM Appointment of members to the Development Services Advisory Committee Prepared By Date Sue Filson Board of County Commissioners Executive Manager 10 the Bee Bce Office 12/20/200510:40:25 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 12:120(20057:55 PM Agenda Item No. 90 January 10, 2006 Page 4 of 28 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Joseph K. Schmitt, Administrator Community Development and Environmental Services Date: December 16,2005 Subject: Development Services Advisory Committee Listed below are the applicants for the Development Services Advisory Committee. All applicants have been categorized in their area of expertise. James Boughton David Bryant Clay Brooker Tom Reynolds Reed Jarvi Mario LaMendola Arthur Schoenfuss Architect Attorney Attorney Professional Engineer Engineer Architect Professional Engineer At the December 14th DSAC meeting, the following applicants were recommended for appointment or reappointment to fill the four vacancies on the Development Services Advisory Committee as separate motions: · Reappointment of Clay Brooker · Reappointment of Charles Morgan Abbott contingent upon his eligibility for re- nomination · Appointment of two of the following applicants (if Charles Abbott is eligible for reappointment), noting that the 2 appointees should be determined by the Board of County Commissioners or appointment of all three of the following applicants (if Charles Abbott is not eligible for reappointment). o James E. Boughton o David E. Bryant o Reed Jarvi Community Development and Environmental Services Division Office of the Administrator Page 1 of 1 Agenda Item No. 90 January 10, 2006 Page 5 of 28 -~Uson_s From: LeaSandra Sent: Monday, December 19, 2005 9:43 AM To: fi Iso n_s Cc: johnson_c Subject: Attendance record Importance: High Sue, In response to your request, the 2-year attendance record for those requesting reappointment to DSAC is as follows: 2004 - 12 meetings Charles Morgan Abbott - attended 8 of 12 meetings (67%) Clay Brooker - attended 10 of 12 meetings (83%) 2005 - 12 meetlnas Charles Morgan Abbott - attended 9 of 12 meetings (75%) Clay Brooker- attended 11 of 12 meetings (92%) If you need more detailed information, please let me know. J:bank you. Have a nice Holiday! JiUUÚJ- Sandra Lea Executive Secretary CDES Administration (239) 403-2385 12/19/2005 Agenda Item No. 9D January 10,2006 Page 6 of 28 Development Services Advisory Committee Name Work P"one Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Frederick 1. Reischl 597-3111 05/10/05 12/14/07 2.7 Years 1455 29th Street, S.W. 353-2332 NapleSy FL 3411 7 E-Mail: reischl@abbinc.com District: Category: Land Planner Mr. Herbert Rosser Savage 394-1580 12/14/93 12/14/97 4 Years ./ 651 S_ Collier Blvd., #A2 394-2918 02/12/02 12/14/05 4 Years Marco Island, FL 34145 E-Mail: sheUsby@peganet.com District: 1 Category: Architect Mr. Oalas D. Disney 261-3399 10/18/94 t 2/14/96 2 Years 4745 Stratford Ct., #2303 455-2384 12/14/04 12/14/08 4 Years Naples, FL 34 I 05 E-Mail: D.Disney@earthlink.net District: 4 Category: Architect Mr. Blair A. Foley 263-1222 12/14/99 12/14/03 4 Years 120 Edgemere Way South 289-4900 12/16/03 12/14/07 4 Years Naples, FL 34 105 E-Mail: fo1sOOO@aolcom District: 3 Category: Engineer Mr, Robert 1. Mulhere 649-1509 09110/02 12/14/04 2 Years 1946 Sheffield A venue 12/14/04 12/14/08 4 Years Marco Island, FL 34145 E-Mail: rjm@consult-rwa.com District: 1 Category: Land Planner ......h...~:...'·".j"',:··;·:'··::_,··· Thursda.... October 06. 2005 Page 1 of oJ ,,,..,,.,,..:.."'"...,;"',......,-""'.""',,,,...'¡¡¡¡;,.,...,,,..',,,"""" Agenda Item No. 9D January 10, 2006 Page 7 of 28 Development Services Advisory Committee Name Work Phone Appt'd E.-cp. Date Term Home PIrone DateRe-appt 2ndExpDate 2nd Term Mr. Peter VanArsdale 649-6112 11/14/00 12/14103 3 Years 123 11 th A venue South 253-8246 12/16/03 12/14/07 4 Years Naples, FL 34102 E-Mail: petervana@earthlink.net District: 4 Caœgory:Con~t~n Mr. Clay C. Brooker 261-9300 09/10/03 12/14/05 2 Years ./ 821 Fifth A venue South, #201 213-0910 Naples, FL 34102 E-Mail: cbrooker@yvvaJaw.com District: 4 Category: Attorney Mr. Jason HamiJton Mikes 261-9555 12/14/04 12/14108 4 Years 3225 Cypress Glen Way, #101 597-7371 - .- Napl~ FL 34109 E-Mail: jmikeS@becker-poliakoff.com District: 2 Category: Attorney Mr. George H. Hermanson 254-2000 12/14/04 12/14/08 4 Years 140 West Street 597-4895 Naples, FL 34108 E-Mail: georehennanson@holemontes.com District: 2 Category: Engineer Mr. David B. Dunnavant 403-6875 12/14/04 12/14108 4 Years 6441 Sandalwood Lane 597-7145 Naples, FL 34109 E-Mail: Ddunnavant@barroneollier.com District: 3 Category: Attorney Thursday. October 06. 2005 Page 2 of .¡ Agenda Item No. 9D January 10, 2006 Page 8 of 28 Development Services Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Thomas Masters 592-7344 02/23/99 12/14/99 1 Year 4401 Pond Apple Drive 592-5853 12/16/03 12/14/07 4 Years Naples, FL 34119 E-Mail: tommastersofvineyards@naples.com District: 5 Category: Professional Engineer Mr. Marco A. Espinar 263-2687 12/14/99 12/14/03 4 Years 3880 Estey Avenue 12/16/03 12/14/07 4 Years Naples, FL 34104 E-Mail: marçoe@prodigy.net District: 3 Category: Environmental Planner Mr. Charles Morgan Abbott 649-6565 12/14/93 12/14/97 4 Years / 1306 28th A venue North 649-4286 02/12/02 12/14/05 4 years Naples, FL 34103 E-Mail: captabbott@aol.com District: 4 Category: General Contractor Mr. Justin Martin 649-4040 02/12/02 12/14/05 4 Years v'/ 471 Pheasant Court 595-3286 Marco Island, FL 34145 E-Mail: justinmartin@Wilsonmiller.com District: X I Category: Professional Engineer Mr. Brian E. Jones 793-1133 12/14/99 12/14/03 4 Years 2121 Heritage Tr. 643-5100 12/16/03 12/14/07 4 Years Naples, FL 34112 E-Mail: tamiamibld@aol.com District: 1 Category: General Contractor Thursday. October 06. 2005 Pagf!30f4 Agenda Item No. 9D January 10, 2006 Page 9 of 28 Development Services Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndE.y;pDate 2nd Term This 15 member committee was aeetecl on 10112/93 by Ont. No. 93-76, amended on 11/07/95 by Oed. No. 95-60 to add additional cøtegDI ies of indualry memberlhip replÐIOIltation. This committee represents the various aspects of the development industry such as architect. general contIactor. residential or building """lbaetuc. envirorwnentalist. land planner, land developer, landscape architect, professional engineer. util~ \iUnb""1or. plumbing contractor, electrical contractor, structural engineer, and attorney. The purpoI8 or this committee is to provide reports and recommendations to the BeC to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Setvices Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizenS or Collier County. Terms are 4 years. FL STAT Stoff: Joseph Schmitt, Comm Dev & Env Services Administrator: 403-2385 / I I Thursåay. October 06. :lOOS Page 4 0{4 MEMORANDUM Agenda Item No. 90 January 10, 2006 Page 10 of 28 DATE: October 24, 2005 TO: Elections Office ~ Sue Filson, Executive Manager ~ Board of County Commissioners Voter Registration - Advisory Board Appointments ...;~) FROM: r."", RE: The Board ofCmmty Commissioners will soon consider the foHowing individuals for appointment to one ofthe county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. DSAC COMMISSION DISTRICT James E. Boughton 760 Clarendon Court Naples, FL 34109 eX ;{ d ~ ~ 3 ~ David E. Bryant 1822 Arbom Walk Circle Naples, FL 34104 Clay Brooker 7098 Pond Cypress Court, #201 Naples, FL 34109 Tom Reynolds 330 Emerald Bay Circle, #Y7 Naples, FL 34110 Reed Jarvi 1281 Venetian Way Naples, FL 34110 Mario LaMendola 5039 31st Avenue, S.W. Naples, FL 34116 Arthur F. Schoenfuss 6506 IJex Circle Naples, FL 34109 Thank: you for yom help. MEMORANDUM Agenda Item No. 9D January 10, 2006 Page 11 of 28 DATE: October 24, 2005 TO: Joseph K. Schmitt, Community Development & Environmental Services Administrator FROM: Sue Filson, Executive Manager Board of County Commissioners RE: DSAC 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 app1ica.tion for consideration. I have attached the applications received for your review as follows: James E. Boughton 760 Clarendon Court Naples, FL 34109 David E. Bryant 1822 Arbour Walk Circle Naples, FL 34104 Clay Brooker 7098 Pond Cypress Court, #201 Naples, FL 34109 Tom Reynolds 330 Emerald Bay Circle, #Y7 Naples, FL 34110 Reed Jarvi 1281 Venetian Way Naples, FL 34110 Mario LaMendoJa 5039 31st Avenue, S.W, Naples, FL 34116 Arthur F. Schoenfuss 6506 Ilex Circle Naples. FL 34109 Agenda Item No. 90 January 10, 2006 Page 12 of 28 Please let me know, in writing, the recommendation for appointment oftbe advisory committee within the 41 day time-ftame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants to be reappointed. Please categorize the applicautl in areal of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments "'·"-"'"'''''··'"'''-'"''"'''·''''-"-'''Þ'""''''''""''·,""',"·.,..""",,",·~.. "";\,.,.",.,_.;",,,";;,,,,_,,,,~,,,<,",""~j_"""'__I';_~!'~~''¡''to'"",··" Board of County Commissioners 3301 East Tamiami Trail Naples. FL 34112 (239) 774-8097 Fax: (239) 77....3602 Agenda Item No. 9D January 10, 2006 3 of 28 pplication for Advisory CommitteeslBoards\ Name: James E. Bou2bton Home Phoae: 239-592-1787 Home Address:760 ClareDdon Court NaDIes. Florida Fax N 0.239-596-7825 Buines. PhODe: 139-596-7800 Zip Code: 34109 Email address:iimiW.boul!:htoaarchitects.com Place of Employmem: Bo.ötOD Architect.. lac. Board or Committee Applied for: DSAÇ Category (if applicable): ArcJùt~ ExMaplr: c. . I.. DIarict. DeveIDper. ~ T 'If.......Y per-." How loog ha"e you lived ia Collier Couoty: Years 15 MODtlas Are you a registered voter ÏII Colier C01lldy: îØ Do you carreatly bold public office? & If 10, what is tbllt oftke? Have you ever been convicted or any offense acaÍDSt the Law! & If,"es, expl1lin: Do you now serve, or have you ever served, on a Collier Co.nty board or committee! No IfJ'"eI, please list the coamitteeIJhoanù: Bowever.1 did Rrve _ CItv of NaDlel Code 'IaforntDeat Board for' vears. Please list yoar commanity activities (civic clabs, Deighborhood usodatio.., etc. ud poIÎtiODI hdd: NaDIes Nortla Rotan" Club. Moo~1 PrMbyteriaD CIøarda. AlMriat IMtitute of ÃI'dIItectI Educatioa: 1976 Badaelor of Architectare Keat State VDivenitv ExoerieDce: .ram Bout!bton has over ~ ve... of exoerieDce ia the deÀo Drofessioo ,..d .... been a ret!åstered architect since 1980. ~ first ten vears of"'l nrofestioD" career wu I~ ~ D-Raa. Texas wbere he served u DfOject architect and associate with . utioDaI architectural fino with major emohuis OD comnuargai aDd educational architecture. Ie 1987.1ae reI~ to Nolet. Florida as a member of 0_ of tile Ianrest architedual firms in Collier Coaatv. DuiIu! dlat oeriod. he was ~..ibIe for @ae deÀo and m...~t of a wide "'II~ of nfojects indDdiH elaborate resideD~es. filu....-i.. illltitlltie... ~ BIII"IÒa2 facilities aad reli2Ìom orojects. PII_ _dim)' IUI4iIiøtuIl i",___ ytnifM pøfÍIfØL TItÏ1t ~ IIu1IM Iwl~" Sw.1'ÎbMl. ~ M."ØP'" to die Botud ofCDflIItj ComrniøiMrf!ft, JJ01 E.., T.m-i Trtril, NIIpIa, n 1411Z. TJYfIII _It, P'-e 1- ~ tlpJlliCtllÌØtl to (2J9)774-J6IJ] or _IIil 10 slIówonúi'colli(!1'J!Ov."er. TIr_ FOIII. ""¡""lftIrÎIIg"""'~"'~ dI:i::øø ofCølIiø C-.o-. Agenda Item No. 90 January 10, 2006 Page 14 of 28 6645 Willow PaIk Drive Suite 200 Naples, Florida 34109 Phoøe:(239)596-7800 Fax: (239) 596-7825 Email: jim@boughtonarcbitects.com James E. Boughton, AlA FIRM HISTORY Boughton Architects. Inc. was founded in 1992 by James E. Boughton, AlA as a full service architectural firm in Collier County, Florida. Since that time the firm has grown by expanding a satisfied client base that return to our firm knowing they will receive timely, personal attention. Our present staff of nine (9) employees includes four (4) registered arcbitects, (2) two CAD technician, and three (3) support staff. The firm is located at 664S WiJlow Park Drive, off Airport Road in North Naples and is centrally located for the Collier and Lee County marketplace. PERSONAL EXPERIENCE Jim Boughton has over 29 years of experience in the design profession and has been a registered architect since 1910. The first ten years of his professional career was spent in Dallas, Texas where he served as project architect and associate with a national architectural fino with major emphasis on commercial and educational architecture. In 1987. be relocated to Naples, Florida as a member of one of the largest architectural firms in Collier County. During that period, be was responsible for the design aod management of a wide range of projects including elaborate residences, finaocial iDstitutions, skilled nursing fitcilities and religious projects. FIRM RESPONSIBILITY Jim Boughton is president of Boughton Architects. Inc. and is responsible for overall project design aud management, new business development and firm administration. EDVCA nON Bachelor of Architecture, Kent State University, 1976 REGISTRATION State of Florida, 1987 - No. AR12051 State of Texas, 1980 - No. 7703 NCARB, 1995 - No. 46360 AFFILIATIONS American Institute of Architects - No. 30099147 Moorings Presbyterian Church, Naples. Florida PUBLIC SERVICES Naples North Rotary Club City of Naples Code Enforcement Board ...-~ ...- ~, Agenda Item No. 9D January 10, 2006 '?'-' \'-:-'].:1'age 15 of 28 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 "«.,;...~'Zi '-", . - ~-:;I " ;~~ ,'., ,,/ '. ' . ,., ,'--.1' ..1 ./ Application for Advisory CommitteeslBoards Name: ~,O 6. Be{~ HomePhone:q4Ip't14-Z5B~ HomeAddress: I&.z ~rt.. ~k' ß;~16 Zip Code: .:3LtloL.{ Fax No.~?6 --6461 Business Phone: ~3S-06~ e-mail address: AúRûI\S1-At8- 4ðL ~P\ A~~I r' 3t-Â1G UiTI ~ìE1.> ~~,"L ~11?~~. __. _ _- Board o~Con:mittee Applied fo~:j)SA t 1kvEb~f:~ ¿)~ CE.") Iii r... 'liÐþ\ I.JbMM _ Business: Category (if applicable): Example: CommissioD District, Developer, eDviroDmeDlalist, lay persoD, etc. Are you a registered voter in Collier County: Yes ~NO ~ Do you currently hold public office? Yes If so, what is that office? No Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committeeslboards: ~NO Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: ~~ ~ ~E- ~E;) ~~\JME5 Education: Ç?F"l.,~ ~ JÀX \1~~ ~ ~~W~ ~\\~(J") ~ .Experience: P1etlSe atúlch any additiolUll infomuJliorr YOll feel pertinent. This app/jcIIIion should be forwarded to Sue Filson, Executive M llIUlger to the Board ofCOIInty Commissioners, 3301 EIZSt Tamümå Trøil, Ntlp1es, FL 34112. (/YOIl wish,pleœefaxyourapplicoiion to (239) 774-3602 or e-mail to suelils01iiVcolliereov.net Thank you for volunkering to serve the ciIizens of Colüer County. Agenda Item No. 9D January 10, 2006 Page 16 of 28 RESUME DAVID E. BRYANT 215 Airport Road South Naples, Florida 34104 Telephone: 239-435-0550 Facsimile: 239-435-0457 Cell: 941-914-2584 A. EDUCATION PREPARATION: University of West Florida Pensacola, Florida BA - Major: Political Science/Managernent 1970 Stetson University College of Law S1. Petersburg, Florida JD - Major: Law 1974 B. EDUCATION HONORS: Provost Scholar Presidential Scholar First Chief Justice, University Judiciary Outstanding Participant Moot Court Competition University of West Florida University of West Florida University of West Florida Stetson University College of Law C. PROFESSIONAL EXPERIENCE: Private Legal Practice 1996 - Present Naples and Tampa, Florida Assistant County Attorney Office of the County Attorney Collier County, Florida 1993 -1996 Naples, Florida Assistant County Attorney Office of the County Attorney Escambia County, Florida 1991 -1992 Pensacola, Florida Private Legal Practice 1986 -1991 Tampa, Florida -}- Agenda Item No. 90 January 10, 2006 Page 17 of 28 Legal Partnership in finn of Bryant and Epperson, P A 1979 -1986 Tampa, Florida Special Counsel Department of Professional Regulation 1983-1990 Tampa, Florida Special Counsel Hillsborough Community College Board of Trustees 1979 -1981 Tampa, Florida Chief, Felony Division Assistant State Attorney Thirteenth Judicial Circuit 1975 -1979 Tampa, Florida Executive Assistant and Senatorial Aid to Senator Guy Spicola 1975 Tampa, Florida Legal and Political Assistant Senator John Ware, Minority Leader of the Florida Senate 1972 -1974 S1. Petersburg, Florida D. LITIGATION EXPERIENCES: 1. Private Representation: a. Plaintiff and defense representation involving all areas of civil practice. b. Prosecution and defense of administrative licensure matters ftom trial before the Division of Administrative Hearings through review on appeal. c. Special counsel for the Hillsborough Community College Board of Trustees in the investigation and prosecution of administrative officials, including the President of Hills borough Community College, Tampa, Florida. d. Extensive criminal defense involvement including representation of medical and health care professionals in DEA ftaud, Medicare and Medicaid investigations. e. Representation and in-service training of Emergency Medical Service in DNR/living will, and risk management matters. f. Preparation, negotiation, settlement, and/or trial of personal injury matters. g. Peer Review Organization negotiation, trial, and settlement for physicians, acute care, long term and psychiatric institutions. -2- Agenda Item No. 9D January 10, 2006 Page 18 of 28 2. Special Counsel, Department of Professional Regulation (Statewide 1983 -1990): a. Represented Boards of: Medicine Dentistry Osteopathy Architecture Engineers Optometry Construction Industry b. Appellate Representation: Board of Medicine 3. Assistant State Attorney: a. Felony Chief Assistant: 1. Responsible for supervision of other felony attorneys. 2. Managed and personally tried most significant cases in division. b. Prosecuted in the following areas: 1. Traffic Division 2. Juvenile Division 3. Misdemeanor Division 4. Felony Division c. Types of prosecuted cases: First Degree Murder to Driving While Intoxicated 4. Assistant County Attorney, Escambia County, Florida: a. Overall litigation responsibility for the Comprehensive Plan and land use matters for Escambia County, Florida. b. Counsel for the County in three week Division of Administrative Hearings' hearing with the Department of Community Affairs over the Comprehensive Plan for Escambia County. c. Represented Escambia County in its settlement meetings with the Department of Community Affairs, the Governor and Cabinet. d. Appellate counsel for Escambia County, Florida, in it's challenge to the Department of Community Affairs findings regarding Escambia County's Comprehensive Plan. e. Legal counsel to the Zoning Board of Adjustment for the County. f. Legal counsel to the Planning Board for the County. g. Legal designee to the Concurrency ReviewNesting Committee for the County. h. Legal representative to the Subdivision Regulation Review Committee for the County. 1. Legal representative to the Transportation Access Management Review Committee for the County. -3- Agenda Item No. 9D January 10, 2006 Page 19 of 28 J. Responsible for all litigation involving the County including all personal injury, condemnation and contractual matters. 5. Assistant County Attorney, Collier County, Florida: a. Overall litigation responsibility for all matters wherein the Board of County Commissioners was a named defendant. b. Prosecution of matters before the Code Enforcement Board for the Collier County Compliance Services Department. c. Eminent Domain representation for Collier County for the Capital Projects, Utilities and Transportation Departments. d. Foreclosure responsibility in all matters dealing with lien enforcement and special taxing district authority. e. Trial counsel for certain land use matters concerning zoning decisions of the Collier County Board of Commissioners. f. Representation of the Human Resources Department at the county level and at trial and on appeal. g. Appellate representation before the United States Court of Appeals for the Eleventh Circuit for land use matters and alleged civil rights violations. E. TRANSACTIONAL EXPERIENCES: 1. Real estate counsel, managed the following: a. Responsible for closing certain commercial and residential loans. b. Extensive experience in troubled loan work out and foreclosure. c. Creation of various real estate contracts and agreements. F. OTHER PROFESSIONAL EXPERIENCES: 1. Legislative liaison and management involving governmental affairs and legislation for Senator Guy Spicola. 2. Adjunct Real Estate Professor: St. Petersburg Junior College, 1975-1982. 3. "Hats Off Award," Pensacola Association of Realtors, 1992. 4. "Success Series" Instructor, Pensacola Association of Realtors, 1991-1993. 5. Successfully completed the Health Care Risk Management Program held at the University of South Florida. 6. Successfully completed the "Bert Harris" land use, Special Master program. 7. Successfully completed the Community Association Management pre-license course. G. REPRESENTATIVE CLIENTS: 1. Collier County, Florida. 2. Escambia County, Florida. 3. Highlands County, Florida, 4. City of Pompano Beach, Florida, -4- Agenda Item No. 90 January 10, 2006 Page 20 of 28 5. City of Pompano Beach Police Department. 6. Lely Resort Community Development District - District Counsel 7. International Realty & Construction, Inc. 8. Larry Martin Contractors, Inc. 9. Sunrise Pools of Naples, Inc. 10. Lely Island Estates Homeowner's Association 11. B & W Paving Contractors of Southwest Florida. Inc. H. COMMITTEES AND MEMBERSHIPS: 1. State of Florida, Department of Health and Rehabilitative Services, Emergency Medical Services Advisory Council Board Member, 1991 - 1994. 2. Emergency Medical Services State Plan Committee, 1992 - 1994. 3. Administrative Law Section, The Florida Bar. 4. Health Law Section, The Florida Bar. 5. Real Property Section, The Florida Bar. 6. Environmental Law and Land Use, The Florida Bar. 7. Local Government Law Section, The Florida Bar. 8. Central Florida Medical Malpractice Claims Council. 9. National Associations of Realtors. 10. Pensacola Association of Realtors, Inc., member of the Board of Directors, 1991 - 1992 and 1992 - 1993. 11. Pensacola Association of Realtors Foundation, Inc., member of the Board of Directors, 1992 - 1994. 12. Tampa Board of Realtors. 13. 1000 Friends of Florida. 14. Collier County Bar Association. 15. Florida Association of Realtors. 16. Naples Area Board of Realtors. 17. Women's Council of Realtors, Naples on the Gulf Chapter. 18. Collier Building Industry Association. 19. Collier County Comprehensive Plan Standards Ad Hoc Committee. 20. Collier County Rural Fringe Area Assessment Oversight Committee. 21. Florida Municipal Attorneys Association I. PROFESSIONAL LICENSURE AND CERTIFICATION: The Florida Bar - 1974 - FBN 179284 United States Supreme Court United States Court of Appeals for the Eleventh Circuit United States District Court - Middle District of Florida Florida Real Estate Broker - 1986 - BK 0206609 Florida Mortgage Broker - 1986 - HB 266745393 SP Florida Certified Residential Contractor - 2000 - CR C058211 -5- ,"___,",,,.,,,,_."';,....,,,,<'·····;,;f.'·>;·', Board of County Commissioners 3301 East Tamiami Trail Naples. FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 90 January 10, 2006 Pa e 21 of 28 Application for Advisory Committees/Boards Name: Clav Brooker Home Address: 7098 Pond CYDress Court. ##201 Home Plaoae: 595-7654 Zip Code: 34'09 Fax No. 261-9782 BuiDess Pboøe: 261-9300 e-mail addreø: ccbrooker8naDleslaw.com Place of Employment: Çheffy Passldomo Wilson & Johnson. LL~ Board or CommiUee Applied for: Oevel9Dment ServIces Advisory Committee category (if applicable): Attorney ~ {'--. . 1.........J)eow-elDper...... ...... ..,. pe--. etc. Bow loag have you lived in Collier Coaaty: 4 vears. 11 months Are you a registered voter in Collier ColUlty: Yes Do you C1IITeBtly held pablic office? tis!. Hie, wit_ is that oftiœ? Have you ever beeD ~oDvicted of any offense agaiDst the Law? tm If yes. explaiR: Do you BOW Ierve, or un ~-oa ever Ien'ed, OD . CoDier COIIIIty board or ØØIIIIÜttee? Yes If yes. pleue list tIte comIIIitteelJbeardl: DeveloDment Sefvices Advisory ç0tnmittee Please list yoar commulÛty activities (civic dabs. aeiglaborlaood associatiou. etc. aad positions held: fril:,lceton CI~b of Southwest FIori~, Board c;»f PJrecto,. and Chairman of the Alumni Schools Committee t2000-øresent) Ed.catio.: ~rinceton UniversiW. B.A. (DOlllies) '99'; ",,,'verslty of FJ.2I:i5I! Colleae of Law. J.D. twiJlJ honors' 1994 ExperieBce: I have been a member of the Florida Bar for aDDrOxlmatel!" 10 vears. F21 the last eight of those vears Ctbree In PaI,n Beach County .,d (Iv. þere in CoItier County). m;:ractice he, consisted ~l1marilv of munlclp" law. land tiN law. real Drooertv ri ts litiaation and commerch~l, litiGatIon. A8 a result. , have aained sial)lflcant knowledae of. an~ fltmlDIfJtv with. Collier County's Growth Manaaement Plan and Land Develooment Code. ~_ ØGdr _y øtUili_tú ilf.f--- y_/HI~ TItØ Ø1fIIiCillÌMr .h..u I¥/~" Sw nb_. E:ucMIiH Mø,,"Ils- to lire &NIrtl øfC_IIIy C-øÂØØÐ7, jj(l &lilt T";"'; TnriI. Nt1pIa, n J411l. /fytlll "'h,P'-tt/ayøwll1f1lktllùm,. (131))11.,.3602 or -..øil,. ~uñrbOflÍØ~ollienw".nd.. Thlllllr .VØfI/ør "'''''''''""''w'' ./tne die ciIi;øø øfCt1lIis- C_ty. fil50n s .m:- advisoryboards@coltiergov .net Sent: Wednesday, October 12, 2005 9:23 AM To: tilson_s Subject: New OrHine Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774--3&02 Fax: (239) 774h3602 October 12, 2005 Application for Advisory Committees I Boards Name: Tom Reynolds Home Phone: 239-594-0257 Home Address: 330 Emerald Bay Circle #Y7 . City: Naples Zip Code: 34110 Page 1 of2 Agenda Item No. 90 January 10, 2006 Page 22 of 28 Ltþ"" \<. :,... ~ ' . .' . . 0" f( .,! "/ Fax Number: No information provided. Business Phone: 239-269-0965 Email Address:tmreynolds3@comcast.net Place of Employment: nIa - retired How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Development Services Category: (if applicable) Professional Engineer . Do you currently hold public office? No 10/12/2005 · J ~ 10/12/2005 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Past Member of District 2 Association Advisory Committee Curent Member of Irrigation Water Policy, Master Plan, Rate Structure, and Ordinance Advisory Committee Please list your community açtlvitles: Past President Villages of Emerald Bay Condo Associaton Member of North Bay Civic Active in Wiggins Pass Marina re-zoning process Active in Signiture Properties PUD revision process Education: Mechanical Engineer (ME) University of Cincinnati (5 year co-op school). Registered Professional Engineer (Retired) Ohio. experience I Background: Pilot USAF. Project Engineer - Celanese Corporation - 26 Years - All phases of plant engineering and coprorate engineering including international plant (Singapore) site development. Freelance Engineering Conslutant 4 years - primarily managed Catawba College $20,000,000 campus facilities upgrade project. Conerted condo (Villages of Emerald Bay) irrigation system from potable water to well water (21,000,000 gallons per year). Page 2 of 2 Agenda Item No. 9D January 10, 2006 Page 23 of 28 Page 1 of2 Agenda Item No. 90 January 10, 2006 Page 24 of 28 filson s a,:- advisoryboardS@colliergov.net Sent: Friday, October 07, 2005 12:55 PM To: tilson_s SUbject: New On-Roe Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 .f(~. . A..:-tþ' \' .,.:' '.' ., ,". ...,~ ;' October 07, 2005 Application for Advisory Committees I Boa rds Name: Reed Jarvi Home Phone: 239-566-9084 Home Address: 1281 Venetian Way . City: Naples, FL Zip Code: 34110 Fax Number: 239-436-4636 Business Phone: 239-437 -4601 Email Address:rjarvi@vanday.com Place of Employment: VanasseDaylor How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: DSAC - Development Services Advisory Committee Category: (if applicable) Engineer . Do you currently hold public office? No lon/2005 ~ ) 1 10/7/2005 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: MPO Citizens AdvisoryCommittee MPO Trasit Advisory Committees Please list your community activities: MPO CAC Chairman MPO Transit Advisory Comm. Chairman Naples Area Chamber Transportation Comm - Vice Chairman Transportation Professionals of SW Florida - President Education: BS Engineering US Naval Academy - 1976 experience I Background: 22 years practicing as a Civil Engineer 16 years in Collier County Page 2 of2 Agenda Item No. 90 January 10, 2006 Page 25 of 28 ...._-_..~,...,--- OCT 05 '05 06:34AM AT&T FAX 9015PF . Board of County Commissioners 3301 East Tamiaß1i Trail Napla. fL 34112 (239) '774-8097 Fn: (239) 774-3602 Agenda Item No. 90 January 10, 2006 Page 26 of 28 fCJ.t P.l Application for Advisory CommitteeslBoards Na.e: /11M-/o 4/t(IS¡../Þð~ HOlbePbo.e: 15'eJ -35~7 Hom. Addre.t: $tJ..3 9 81..S7' /} v' ë= ~ uJ Zip Cede: ;;J 4/1 ~ FaK No. ;2¿,;2. --615+ Buinca PlaODe: :l6 2. - 1- 7 ~8 .......11 .ddreu: L.,)MeA.I¡~ IIØlp(, tjµ( .Ii...: ¡::)¡2.c:...jJ I~( (MA4/tJ v;'A..(Ðl1ÞlAJ A/Ze..¡'¡'¡~rJ IIOIard or CO..iaee Applied for;TJ.J.1£: l;Gvek:plf/eJJí O'5É/1, v/t:£5 AO 0~ (i:,1'(/"f i'nEb C-teaory (ifapplbble); A ~#I ~, ~ eo. . . I DIIerid.~._.. MWiIC...,......... An you. rqilt.ered votwr in Couier Coua1y: Vel ~ No Do yO. tunutly IIoId ,.bÞc ofDc:e1 Ya No V- It.. ....t ÌI ~ .1Ice7' De )'MIIOW Ie""' or ....e ,.. .,.er Ie"", .. .. CoUier Ce.1Ity board... ..........1 Y.. l/"""" No I "r~""'~~D4~~~£' ~~4ß ~~;f ~ ~~L-U O~ _ ~ _ _ _ ~fi{;4~ PIeuc tbt ;roar CIIa.....~ ectivitia (dY~ er..... borbood a8Oclllldoas, d A- ,l.(6~ÞE4- efp 6" l-bcµ e- M ~ - - ~""""..d~ III¥- . T,-e".,,.,,... 7a., ~r 'I..a"Nr"-lt/Ñþ._tlJ..s-"."", E rtw/fl...... ....... ~ .,C...., Cr .. ~ M, VtJl E.- r....... n.t. ~ FZ. MIll. q,......... ,J..rJuytIW W~ -'_.. (1.fJ)774..Jal.,,,-¡.. ·"-~-"'V"'''d nr-AJI'M.Jw....."..,._ IWriIIrat IfC'-'C--.,c. RECEiVED OCT 0 5 2005 Board of County Commissioners _III '__~""';¡'¡'~'_"O>""""'""';';""'" .15OO_. .: advisoryboards@coIIergov.net Sent: Tuesday. October 04, 2005 3:27 PM To: IIson_s Subject: New On-lne Advisory Board Application Subnitted. ~~~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 714-3602 Fax: (239)714-3602 October 04, 2005 Application for Advisory Committees I Boards Name: Arthur F. Schoenfuss Home Phone: 239-596-3388 Home Address: 6506 lIex Circle ~ City: Naples, Florida Zip Code: 34109 - ~_._------ -.---- Page 1 of2 Agenda Item No. 90 January 10, 2006 Page 27 of 28 t I(~I I.· . - . ."" , " . . r1 . , . .. . 'þ .~ '. . "f 4,' ¡' Fax Number: No information provided. Business Phone: No information provided. Email Address:SchoenfussArtKay@aol.com Place of Employment: Recently semi-retired in Naples How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Development Services Advisory Committee Category: (if applicable) Professional Engineer -) Do you currently hold public office? No 10/4/2005 Page 2 of2 Agenda Item No. 90 January 10, 2006 Page 28 of 28 Do you now serve, or have you served on a Yes Collier County board or committee? _ If yes, please list the boards I committees: Collier County Contractors Licensing Board Two terms, 1985-1988 and 1988-2001. Please list your conwnunity activities: No information provided. Education: Bachelor of Science in Electrical Engineering, Tufts University Graduate courses in Business Administration Military training Licensed professional engineer, Florida 37451, 1986-current (active) State certified electrical contractor, Florida ECOOOO804, 1987 (currently inactive) - Experience I Background: President, Pelican Electrical Contractors, Inc., 1986-1993 President, Pelican Engineering Consultants, Inc. 1990- 2005 (business transferred to Pelican Engineering Consultants, LLC, new owner, July 1 2005. Contract Consultant, State of Florida, Department of Business and Professional Regulation, Electrical Contractors Licensing Board, 1995- currently continuing. e 10/4/2005 EXECUTIVE SUMMARY Agenda Item No. 9E January 10, 2006 Page 1 of 9 -- APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CITIZENS CORPS OBJECTIVE: To confinn the appointment of 1 member to fulfill the remainder of a vacant tenn, expiring on November 5,2006, representing the Salvation Army, to the Collier County Citizens Corps. CONSIDERATIONS: The Collier County Citizens Corps is an 11 member committee that was established on November 5, 2002 by Ordinance No. 02-56 to provide information to the citizens of Collier County and to act as a coordinating agency for the enhancement of activities that support emergency services, law enforcement and disaster prevention, preparedness and response. The committee will assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police Service & other public safety and law enforcement programs. They will also facilitate communication between Collier County & State & Federal agencies on mitigation activities as well as to enable Collier County to identify outside resources such as grants, training opportunities and equipment. A list of the current membership is included in the backup. Robert Rohland, representing the Salvation Army, resigned on December 22,2005. A letter was received from Robert Rohland, Administrator of the Salvation Army, nominating Captain Alejandro Castillo, Area Coordinator of the Salvation Army to replace him on the committee. ,-. RECOMMENDATION/CONFIRMATION: Captain Alejandro Castillo nSCALIMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the nomination for appointment, confirm the appointment, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 10, 2005 ~ Agenda Item No. 9E January 10, 2006 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summl ry: Meeting Date: fiE Appolotmenl of member to tne Collier Counly Cilizens Corps 1/101200690000 AM Prepared By Sue Filson Executive Manager to the Bee Date Board of County Commissioners Bee Office 12/20/200510:40:25 AM Approved By J<1mes V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/27/20053:04 PM ...-<;,----..........' Collier County Citizens Corps Agenda Item No, 9E January 10,2006 Page 3 of 9 Name Work Phone Appt'd Exp, Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Russell D. Rainey 11/01/05 3725 Montreux Lane, #104 430-0214 Naples, FL 34114 E-Mail: russelld.rainey@att.net District: Category: Community Emergency Response Team CERT Ms. Deborah Horvath 596-6868 11/05/02 3060 Round Table Lane 775-8668 Naples, FL 34112 E-Mail: District: 1 Category: American Red C~ss -..l .,."'."" ,..,5 Mr_ Robert Rohland tc"S! ~."J?.'}" 775-9447 11/05/02 825 Ketch Drive, #203 ,.)-.- . 434-0834 Naples, FL 34103 E-Mail: District: 4 Category: Salvation Anny Mr. Floyd R. Chapin 11/01105 228 Belina Drive, # 12 353-5006 Naples, FL 34104 E-Mail: schapin43@aoLcom District: 3 Category: Collier Emergency Response Volunteers CERV Mr. Douglas R. Porter 160 Mullet Court Naples, FL 34102 E-Mail: dporterI43@comcast.net District: 4 Category: Civil Air Patrol CAP 11/01/05 417-9890 Wednesday. December 14. 2005 Page 1 of3 11/05/06 1 Year 11/05/06 4 Years 11 /05106 4 Years 11/05/09 4 Years 11/05/06 1 Year ì \ Collier County Citizens Corps Agenda Item No. 9E January 10, 2006 Page 4 of 9 Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. James H. Elson 860-0009 11105/02 680 8th Avenue, South 434-2652 Naples, FL 34102 E-Mail: District: 4 Category: Collier County Veterans Council Mr. Reginald A. Buxton, II 572-0051 10/14/03 11806 Quail Village Way 514-2371 11/01105 Naples, FL 34119 E-Mtril: nnjoumal@swtla.rr.com District: 3 Category: Business & Industry (Chamber) Mr. Jerry Sanford 597-3222 09/28/04 1347 Old Oak Lane 596-7959 12/13/05 Naples, FL 34110 E-Mail: gsanford@northnaplesfire.com District: 2 Category: Collier County Fire Chieû Association Captain Walter R. Jaskiewicz 420 South Barfield Drive Marco Island, FL 34145 E-Mail: ca.ptwrj@aol.com District: I Category: Coast Guard Auxiliary 11/05/02 389-0723 1l/01/05 Mr, Gerald Sugannan 304-5444 01114/03 1074 Camelot Circle 304-5444 11101105 Naples, FL 34119 E-Mail: gerrysugie@ao1.com District: 3 Category: Retired Senior Volunteer Program RSVP '/"1 PagelofJ Wednt'Sda)'. December 14. 1005 11/05/06 4 Years 11105/05 11/05/09 2 Years 4 Years 11/05/05 11/05/09 1 Year 4 Years 11/05/05 11/05/09 3 Years 4 Years 11/05/05 11/05/09 3 Years 4 Years -_._.._~- Agenda Item No. 9E January 10, 2006 Page 5 of 9 Collier County Citizens Corps Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDaJe 2nd Term Captain Nancy L. Reed 330 I E. Tamiami Trail Naples, FL 34112 E-Mail: emops@colJiersheriff.org District: Category: Sheriffs Office 774-4434 11/01/05 352-8863 11105/09 4 Years This 11 member committee was established on November 5, 2002 by Ordinance No. 02- to provide infonnation to the citizens of Collier County and 10 act as a coordinating agency for the enhancement of activities that support emergency services, law enforœment and disaster prevention. preparedness and respouse. The committee will assist in the recruitment of volunteers by publicizing and expanding existing community prngrwns such _: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police Service & other public safety and law enforcement prog.....s. They Will also facilitate communication between Collier County & State & FedenII agenåe5 on mitigation activities as well as to enable Collier County to identify outside I'88OUrœs such as grants, training opportunities and equipment. FL STAT President through the Office of Homela - _..I C"____:... Staff: Jim von Rinteln, Emergency Management Department 174-8444 Wednesda.... December 14. 2005 Page 3 of3 Page 1 of2 Agenda Item No. 9E January 10, 2006 Page 6 of 9 '50n_s From: advisoryboards@colliergov .net Sent: Wednesday. December 21. 2005 4 :42 PM To: filson_s Subject: New On-tine Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 ~.~~I.I..I \o4!l- ...~ · .,..,. , - ' .. . - .:/' .~ .. . ¡ 4, ~ / December 21, 2005 Application for Advisory Committees I Boards Name: Alejandro Castillo Home Phone: 239-455-6684 Home Address: 328 Lambpton Ln. City: Naples Zip Code: 34104 Fax Number: 239-775-9732 Business Phone: 239-775-9447 Email Address:Alejandro_Castillo@USS.salvationarmy . erg Place of Employment: The Salvation Army How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Citizen Corps Advisory Committee Category: (if applicable) No information provided. Do you currently hold public office? No 12/21/2005 -.------.- - Page 2 of2 Agenda Item No. 9E January 10, 2006 Page 7 of 9 Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: I am the Area Coordinator for The Salvation Army (officer in Charge) in Naples and Collier County. Therefore I am responsible to promote all the social and community activities of the Army which include, emergency social services assistance, our child care center, after school program, summer camp, and disaster relief services. Education: BS from Lee College, Cleveland TN. MD from The Church of God School of Theology. Experience I Background: Salvation Army Officer for 12 years, Ordained minister for 30 years. 12/21/2005 Agenda Item No. 9E January 10, 2006 Page 8 of 9 ROBERT ROID..AND ........................................................................................................................................................ December 6, 2005 Attn: fun V onRinteln Emergency Management Collier County Government Center, Administration Building 3301 Tamiami Trail E. Naples, FL 34112 Dear Members of the Citizens Corps, Please accept this letter as notice of my resignation from the Citizens Corps due to the fact that I am reloœting to Sarasota County. My last day with The Salvation Army win be Tuesday January 3,2006. Concerning an appropriate representative from The Salvation Army to replace me, I would recommend Captain Alejandro Castillo, Area Coordinator for Collier County. He may be reached at (239) 775-9447. I have enjoyed getting to know each one of you, and it bas been a pleasure working with you since the inception of the Citizeoa Corps. I have also appreciated very much the staff representatives from the County and their valuable input toward our work. I wish you all the best as you continue forward with the mission of the Citizens Corps. Sincerely, Ç(~~ Robert Rohland Dee 14 05 02:09p The Salvation Army 2397759732 Agenda ItJ>~ No. 9E January 10, 2006 Paae 9 of 9 PHltlP NEEDHAM TER~T~~LCOMMANOER JOHN LARSSON GENERAL & @; IDqr .§aluatinu ..\rmy MAJOR STEVE HEDGREN DIVISIONAL COMMANDER FOUNDED IN 1865 BY WILLIAM BOOTH 3180 ESTEY AVENUE P.D.BOX 8209 PHONE (2.39) 775-9447 . FAX (239) 775-9732. NÅPLES, FLORIDA 34101-8209 www.SalvationAnnyNaples.org CAPTAIN ALEJANDRO CASTILLO ARE.. COORDINATOR December 14, 2005 Walter JasIcìewicz, Chair Citizen's Corps Advisory Committee RE: Nomination of replacement Dear Walter, Pursuant to my resignation ftom. the Citizen's C<Jrps due to relocation outside the county, I wish to nominate as a replacement Captain Alejandro Castillo, Area Coordinator of 1òe Salvation Army in Collier County. Captain Castillo is a Collier County resident and has agreed to serve in this capacity if appointed by the Board of Commissioners. I have advised Captain Castillo to complete the online application fann. Thank. you for you assistance in this matter. Sincerely, ¿?~~ Robert RoWand Administrator cc: Captain Alejandro Castillo DOING THE MOST GOOD EXECUTIVE SUMMARY Agenda Item No. 9F January 10, 2006 Page 10f 12 APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE ,""'-- OBJECTIVE: To appoint 2 members to serve 2 year terms, expiring on December 31, 2007 to the Golden Gate Community Center. CONSIDERATIONS: The Golden Gate Community Center Advisory Committee had 2 terms expire on December 31, 2005. This 5 member committee assists the Board of County Commissioners by reviewing and making recommendations regarding the budget and operation of the community center. Applicants must reside within the Golden Gate Community Center MSTU District. Terms are 2 years. A list of the current membership is included in the backup. The terms for Kaydee Tuff and Vicki A. Clavelo expired on December 31,2005. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY mg ELECTOR AnV. COMM. Vicki N. Clavelo WITHDREW APPLICA nON 5 Yes GG Community Center W. James Klug, III Resident Within District 3 Yes None Kaydee Tuff Resident Within District 3 Yes GG Community Center COMMITTEE RECOMMENDATION: Kaydee Tuff - Reappointment W. James Klug, III - New Appointment ~ ATTENDANCE: Kaydee Tuff has perfect attendance records for the last 2 years. NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive tenns of service on anyone Board. .." Under (D) ofthe 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, Kaydee Tuff has served 3 consecutive tenus. Should the Board wish to re-appoint Ms. Tuff, 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 confmning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 10, 2005 r-- Anenda Item No. 9F January 10. 2006 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9F Appointment of members to the Golden Gate Community Center Adv!sory Committee 1110/2006 9:DO:00 AM Prepared By Sue Filson Executive Manager 10 tile BCe Date Board of County Commissioners Bee Office 12/20/200510:40:25 AM Approved By James V. Mudd County Manager Date Board af County Commissioners County Manager's Office 1 Zl20{2005 7:40 PM Agenda Item No. 9F January 10, 2006 Page 3 of 12 Memonndum Date: December 9~ 2005 To: Sue Filson. Executive Manager Board of County Commissioners From: Ellen Barkin, Center Supervisor Golden Gate Community Center Re: Advisory Board Member Recommendations At its December meeting~ which took pJace Monday~ December 5~ 2005, the Golden Gate Community Center Advisory Board voted unanimously to recommend another term for Kaydee Tuff; and also voted unanimously to recommend Jim Klug as a new member. Vicki Clavelo withdrew her application for another term. Agenda Item No. 9F January 10, 2006 Page 4 of 12 Memorandum Date: December 9, 2005 To: Sue Filson, Executive Manager Board of County Commissioners From: Ellen Barkin, Center Supervisor Golden Gate Community Center Re: GGCCAB Attendance Records - Kaydee Tuff Kaydee Tuffhas not missed any meetings of the Golden Gate Community Center Advisory Board meetings for the past two years. The official attendance records (based on monthly minutes) show the following: 2004 January February March April May June July August September October November December 2005 January February March April May June July August September October November December Present Present Present Present Present Present No meeting due to Independence Day Present No meeting due to Labor Day Present Present Present No quorum - no minutes kept Present Present Present No meeting due to Memorial day Present No meeting due to Independence Day Present No meeting due to Labor Day Present Present Present Agenda Item No. 9F January 10, 2006 Page 5 of 12 "--;-'- Golden Gate Community Center Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms, Kaydee Tuff 03/28/00 12/31/01 2 Years 2642 44th Terrace, S.W. 455-3496 12/16/03 12/31/05 2 Years /' Naples, FL 34116 E-Mail: newsroom@goldengategazette.com District: 3 Category: Resident within MSTU . I~ ~O~ Ms. Cheryle L. Newman S~ IP\ 12/03/96 12131/98 2 Years 5101 31st Avenue, s.W''ikðll!~ 353-1969 12/14/04 12131106 2 Years Naples, FL 34116 e E-Mail: birdldy2@aoLcom District: 3 Category: Resident within MSTU Mr, William E. Arthur 09/26/00 12/31/00 3 Months 4200 22nd Place, S.W. 455-4503 12/] 4/04 12/31/06 2 Years ,,¡' - Naples, FL 34116 íj E-Mail: wmenaples@aol.com District: 3 CaJegory: Resident within MSTU Mr. Ernest F. Bretzrnann 261-7112 02/22/05 12/31/06 2 Years 2284 50th Terrace, S.W. 455-3496 Naples, FL 34 I 16 E-Mail: uwofcc2@aol.com District: 3 Category: Resident within MSTU Ms. Vicki A. Clavelo fJJ 06/08/99 12/31/99 6 months 3610 21st Avenue, S.W. .~~'\ 455-1475 12/16/03 12/31/05 2 Years ,,/' Naples, FL 341 17 ~\ E-Mail: vclavelo@aoJ.com District: 3 CaJegory: Resident within MSTU Wedn/5day, February 23, 2005 Page 1 0/2 Agenda Item No. 9F January 10, 2006 Page 6 of 12 Golden Gate Community Center Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 75-4 to advise the Board of County Commissioners on the budget and operation of the Golden Gate Community Center. Members must reside within the boundaries of the Golden Gate Community Center Municipal Services Special Taxing District. Terms are 2 years. Keith Larson, Golden Gate Community Center Supervisor 455-2343 FL STAT 125.01 Staff: ~Â_ n....lleey, Parks and Recreation Director: 353-0404 &J.A / c. c:, e\:¡ I ( ~I~ ~ /' - . . .. Wetlnt!Sday, F6Jruary 23,2005 Page2of2 . >....-...~_......_-'...--.."'..._. MEMORANDUM Agenda Item No. 9F January 10, 2006 Page 7 of 12 DATE: October 249 2005 TO: Elections Office FROM: Sue Fi1so~ Executive Board of County Commi~io RE: Voter Registration - Advisory Board Appo~.uts The Board of County Commissioners will soon consider the following individuals for appointment to one of the countts advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commi~ion district in which each applicant resides. GO COMMUNITY CENTER ADV COMM COMMISSION DISTRICT Vicki N. Clavelo 361021- Avenue, S.W. Naples, FL 34117 5 3 3 w. James KJug, III 425732l1li Avenue, S.W. Naples, FL 34116 Kaydee Tuff 2642 44th Terrace9 S.W. Naples, FL 34116 Thank: you for your help. .. --.----.--' -,.------ MEMORANDUM Agenda Item No" 9F January 10, 2006 Page 8 of 12 DATE: October 24, 2005 TO: Marla Ramsey, Public Services Administrator FROM: Sue FUson, Executive Manager Board of County Commissioners RE: Golden Gate Community Center 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 YoW' review as follows: Vicki N. Clavelo 3610 21st Avenue, S.W. Naples, FL 34117 W. James Klug, III 4257 32Dd Avenue, S.W. Naples, FL 34116 Kaydee Tuff 2642 44th Terrace, S.W. Naples, FL 34116 Please let me know, in writin& 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 include in your return memo the attendance records of the applicants to be reappointed. Please categorize the .ppBeaats in .... of expertise. If you have any questions, please call me at 774-8097. Tbank you for your attention to this matter. SF Attachments --,~.,.~-,--'_.Y --------- Page 1 of2 Agenda Item No. 9F January 10, 2006 Page 9 of 12 tilson_s ~m: advisoryboards@colliergov.net Sent: Tuesday, October 11, 2005 2:30 PM To: filson_s Subject: New On-lne Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 A.-tþl ..' ~,..,. ~ ' . . ~ .' . . ~ ~ì "'>1 " October11,2005 Application for Advisory Committees I Boards NM1e: Vicki N. ClaveJo Home Phone: 239-455-1415 Home Address: 3610 -21st Avenue, S. W. . City: Naples Zip Code: 34117 Fax Number: 239-353-1883 Business Phone: No information provided. Emall Address:VClavelo05@aol.com Place of Employment: Retired 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? Ves Board I Committee Applied for: Golden Gate Community Center Advisory Committee Category: (if applicable) No information provided. e Do you currently hold public office? No 10/12/2005 Page 2 of 2 Agenda Item No. 9F January 10, 2006 Page 10 of 12 . Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Golden Gate Community Center Advisory Committee Emergency Medical Services Advisory Committee Please list your community activities: Golden Gate Area Civic Association Golden Gate Woman's Club - Secretary, Vice President, Treasurer Golden Gate Estates Area Civic Association Education: Hialeah High School - Graduated 1970 . Experience I Background: Volunteer on Golden Gate Community Center Advisory Committee Volunteer on Emergency Medical Services Advisory Committee Volunteer on Golden Gate Civic Association activities Volunteer with The Conservancy Volunteer with Golden Gate Chamber of Commerce Owner of Secretarial Service ~ 10/12/2005 . . . Board of County Commissioners 330] East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9F RËmiV~D OCì 1 0 2005 ~~('o~.nly Commissioners «L"'W_1J~\ @ ...!~ - ¡~':.~ . _ ': . ..? r .. ~... . ~ .I " - - - ·f \, ,/ Application for Advisory CommitteeslBoards Name: k/. "J'/1M£'S (.:rIM) /éLV~. !]7 HomePbone: ()'37'l ~~f:-7¿~ú Home Address:~.:zS 7 3z,v£) B ¿IF 54/ ,A/ðÆE5 .¡::-/ Zip Code: ,~~/./C KEJlREP ' Fax No. ØUf;"'~s Phone: e-mail address: W:T kt..tJG r.r.¡: ((i) Y,ý /loCI. co, -L--ÐU8Ht~---ft£rl¡¡;;¡J--p-/4;M ¡ßX (;¡':L ;[£~#~ __ _ _ ____ __ C;oLPÞN <T1J1'é cofl'/'tf 'liNT...,.. /t1~ Board or Committee Applied for: AI) J/ /S 0 RY CO 1"(;<1.1 I rr ¡::;.£ Category (ifapplicable):.L.8 r ¡Je~5o~ Example: Commission District, Ðevelóper, eDvirnnmealalist, lay person, etc. Are you a registered voter in Collier County: Yes }< No Do you currently bold public office? Yes No X If so, what is that office? Do you now serve, or have you ever served, on a Collier COUDty board or committee? Yes If yes, please list the committees/boards: 0 No P]ease list your community activities (civic clubs, neighborhood associations, etc. and positions held: !æ1}~~E5!I¿/i~;t,{~~J;/:f~~~~fYf:::~L ÆYR Ø~r"K('cúÞ(Ifi~'T J , Education: I)fic..H;=Lo!2.. O¡;úREJ= FAoM /RlJTr....Þ'A.. '\ (./l\lïO;/:<5)"7'r " Pletlse fllllH:h MY additiolUll inJol7Nllion you feel perrinmt. This iIppIictItion shOlÚll be forwarded to Sue Filson, ÐœClltive MlUUllJu to tire Boord ojCOIInty Conunissioners, 1101 Eøst Tønúmi TrøiJ, Nøples, FL 14112. If you wìsh,pleasefaxyOllT appIicIIIion to (219) 774-160101' HIUIÌl to sud"úsott.iiJcoUieNlov. net. Thllllk youfor voJulÚt!ÐÙlg to sove the citkens ofCoUier COIInty. · 4Þ -e ~--_. ----...---.--- Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-809~ t= C E tVE D Fax: (239) 774-3tM- OCT 0 5 2005 Agenda Item No. 9F January 10, 2006 Page 12 of 12 Board of County Commissioners I / Application. for Advisory Committees/Boards . . Name: ¡<.~J.a, Ta-rf . Home Phone: ;;'3 q - 3S-s -/bR' 7 Home Address: %t..f~ t.lC¡~ nrt"'# Sw Zip Code: 3é..f 1/ ¿, Business Phone: J/3 -" t,fJ 7 C( e-mail address:ktU¡tlef!@-b..{lhT!.wS.. Cdh Place of Employment: Có f {lev C(,I-/zet..- J1_:ews ¡:t:l¡per- Boanlor Committee AppUed for: G. G. ~{'JlY\YI1LI.J... i t-y Cet.J.£rÆ II /sd Fax No. Category (if applicable): Example: Commission District, Developer, environmentalist, lay penon, etc. How long have you lived in Collier County: Years It, X , Months No Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, wbat is that office? No x Have you ever been convicted of any offense against the Law? If yes, explain: No X , Yes Do you BOW serve, or bave you ever served, on a CoUier COUDty board or committee? Yes If yes, please list the committeeslboards: No ~ -..--"-- Education: t s dðJr~¿ !ítv,'tJtI 5 S.¿rv/C-e . dýt --Ii I~ ~cI. Experience: Pleue øttIIch any tuldltÛJnal injo""øtûJn you ful perti.nen' This appUcation should be forwartkd to Sue Filso", Euclltive MalUlger to the BtHUd of County CDllllllissio"ers, 3301 But TllIIIûur'¡ Trøll, Nøp1es, FL 34112. 1/ yoll wish. please fllX your øpplictltion tð (239) 774-3602 or e-møil tð suefllsonúì!,coUiel'f!o".net. Thank you for "oIunturing to serve the cltken, of Collier County. ----.-... Agenda Item NO.1 OA January 10, 2006 Page 1 of 14 - EXECUTIVE SUMMARY Report to the Board of County Commissioners the efforts of the Contractor Licensing Office and the Code Enforcement Department regarding the regulation of contractors found in violation of applicable laws and ordinances OBJECTIVE: To inform the Board of County Commissioners of the successful and aggressive activities of the Contractors Licensing Office and Code Enforcement Department in regulating contractors operating in Collier County and in the associated enforcement initiatives involving contractors that violate the laws and ordinances of the State of Florida and Collier County and to make the Board of County Commissioners aware of the ongoing activities and efforts of these departments in enforcing the applicable laws and ordinances to protect the citizens of Collier County. CONSIDERATIONS: During the regular meeting of the Board of County Commissioners held on September 13,2005, while in discussion of agenda item 6C, a Public Petition request by Mr. Matthew Nolton to discuss a fence permit and related code violation at a property located at l04 Flame Vine Drive, the Board, after hearing the petitioner note that the contractor failed to obtain the required ,,-- permits, directed staff to come back to the Board to address measures to insure that contractors were being held accountable for failing to follow mandates of the code. In addition the Board directed that in this case due to a finding of health, safety and welfare concerns that the fence be permitted as constructed, that staff re-examine the portion of the code dealing with fences on comer lots and directed that the fence contractor pay half of the $1000 after-the-fact permitting fee and that the remainder of the fee be paid from the General Fund. Staff is developing an amendment to the Land Development Code that will modify the criteria for the installation of fences on comer lots for the Spring 2006 LDC amendment cycle. The following is a briefreport on the measures that are in place to enforce contractor compliance with all applicable state and local requirements. The Contractors Licensing Section, the Contractors Licensing Board and the Code Enforcement Department are the agencies assigned the responsibility to enforce the laws and ordinances regulating contractors. It is staff's assessment that the efforts of these departments are laudable and the enforcement initiatives have been very effective in regulating the activities of contractors found in violation of respective codes and ordinances. The information provided herein is evidence of the effectiveness of these agencies. ,-... The Contractors Licensing Section, Building Review and Permitting Department, has four contractor licensing investigators who are proficient in all aspects of licensing and permit enforcement procedures. Working independently or when alerted by the Code Enforcement Department, the investigators are responsible for the following: interpret and enforce the provisions of county and state laws, ordinances, and regulations pertaining to contractor licensing; answer questions pertaining to contractor issues and licensing; receive complaints and information from county residents, contractor's employees, and various contractors regarding ~ ~' ~ Agenda Item No.1 OA January 10, 2006 Page 2 of 14 unlawful, dishonest, and unethical business practices and workmanship performed by a particular contractor; conduct various types of investigations; scrutinize unlicensed contractors; inspect contractor activities; probe into unscrupulous exploitation of the elderly and examine a variety of complaints; research occupational licenses, contractor liability and workers compensation insurance coverage, county tax records, building permit records, and payroll records of contractors; retrieve and review data from computer database; receive insurance forms, tax statements, billing invoices, newspaper articles and other documents substantiating contractor status and activities; perform field inspections for conformance with applicable codes and ordinances; review contractor's permits, licenses, and insurance documentation; interview complainants and contractors; gather physical evidence; photograph and/or videotape code violations; issue civil and criminal citations, warrants, affidavits, and letters of notification as appropriate; prepare and present cases to the Licensing Board; present cases before District Court; prepare for, attend, and testify in civil and criminal courtroom hearings and judicial proceedings; conduct workshops to educate contractors on the requirements of Collier County Ordinance 99-45 as well as other local and state laws and regulations pertaining to licensing, permits, codes, and zoning; maintain current field and code manuals, policy and procedures, employee handbooks, various maps, addresses, and related material for reference and/or review; attend meetings, seminars, and training sessions as required to remain knowledgeable of departmental and county operations, to promote improved job performance, and to stay current with changing policies, procedures, codes, and laws; interact and cooperate with federal, state, and local agencies and its officers or representatives when activities are related to investigations within county jurisdiction. The underpinnings of the county's enforcement program is the Contractors' Licensing Board. Section 22-165 of the Collier County Code of Laws and Ordinances defines the basic organization, function and duties of the contractors' licensing board. The Contractors' Licensing Board (CLB), being Collier County's "local construction licensing board", is composed of nine members who are appointed by the Board of County Commissioners. Three members of the CLB represent the consumer. The members of the CLB who are not consumer representative members are either a licensed architect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residential or building contractor. The CLB meets monthly and, either upon reference by the contractor licensing supervisor or petition by an applicant, the Board has the power to hold hearings to determine if a contractor or a journeyman possessing a Collier County or City of Naples Certificate of Competency or a state-certified contractor doing business in the County should be disciplined pursuant to Division 3, Standards of Conduct and Discipline of the Section 22 of the code (see attached for details). During fiscal year 2004 the Contractors Licensing Section issued 511 citations for unlicensed and unpermitted work activities; the Contractors Licensing Board heard and voted on 50 contractor licensing issues; the Contractors Licensing Department made 9,002 citizen contacts; worked 1,807 cases and recovered $323,436.00 in 76 differenet restitution cases. From 1995 to 2005 the Contractors Licensing Department recovered $1,819,862.00 for over 550 citizens of Collier County. Agenda Item No.1 OA January 10, 2006 Page 3 of 14 -- Staff is of the opinion that through continued effective management, the Contractor Licensing Department and the Code Enforcement Department are well prepared to meet the growing challenge of regulating licensing in Collier County. FISCAL IMPACT: All funds collected as fines are deposited into Fund 113, Building Review and Permitting Development Services funds. In fiscal year 2005, the fines collected totaled $82,800.00. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners withdraw the motion to have staff investigate other programmatic methods to more aggressively regulate contractor activities. PREP ARED BY: Bill Hammond, Director Building Review and Permitting Department ~ ."-- Aqenda Item No. 10A - January 10, 2006 Pogo 4 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Summary: 10A Report to the BOJrd or County Commissioners the efforts of the Contractor licensing Offlc.e and the Code Enforcement Depanmenl regarding 1he regulation of contractors found in violation of applicable laws and ordinances ¡Joseph K Schmitt. Administrator Community Development & Environmental Services DivIsion) Item Number: Meeting Date: 1110120069:0000 AM Approved By Sandra Lea b.ecutive Secretary Date Community Development & Community DevelQpm~!Ot & Environmental Services Environmental Services Admin. 12/12/20054:14 PM Approved By Constance A. Johnson Operations Analyst community Development & Community Development & Environn1(~ntal Services En",ironmental $ervice~ Admin. Da'. 12/15/200511:22 AM Apprond By Michelle Edwards Arnold Code Enforcement Director Date community Development & Environmental Services Code Enforcement 12116/200510:43 AM Approved By Community Development & Environmental Services Community Development & Environmenta! Services Admillstra10r Community Development & Environmental Services Admin. Date Joseph K. Schmitt 12:f17f200512:0G PM Approved By OMS Coordinator Administrative Asslslan, Date County Manager's Office Office of Management & Budget 12/19/20053:04 PM Ap proved By Mark Isackson Budget Analyst Date county Manager's Office Office of Management & Budget 12/20/20059:35 AM Approved By Michae! Smykowski Mamtgernent & Budget Oireclor [)ate County MaIHtger's: Office Office of Mananemen1 & Budget 12/20/2005 12:01 PM Approved By James V. Mudd County Manager Dal. Board ot County Commissioners County Manager's Office 12127!20055:12PM Agenda Item No.1 OA January 10,2006 Page 5 of 14 DIVISION 3. STANDARDS OF CONDUCT AND DISCIPLINE* Sec. 22-201. Misconduct--Collier Countv/citv certificate of competency. The following actions by a holder of a Collier County/city certificate of competency shall constitute misconduct and grounds for discipline pursuant to section 22-202: (1) Knowingly combining or conspiring with an unlicensed contractor by allowing one's certificate of competency to be used by an unlicensed contractor with intent to evade the provisions of this article. When a licensed contractor acts as the qualifying agent for any firm without fIrst making application under this article to represent said finn, such act shall constitute prima facie evidence of intent to evade the provisions of this article. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management, and control of such companies, such act constitutes prima facie evidence of an intent to evade the provisions of this article. Active participation requires job site supervision, knowledge of and participation in the business operations of the company, including all contractual matters. a. If any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the board. In addition if such individual is the only certified individual affiliated with the business organization, the business organization shall notify the board of the individual's termination and shall have no more than 60 days from the date of termination of the individual's affiliation with the business organization in which to affiliate with another person certified under the provisions of this article. In any event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed. (2) Contracting to do any work outside of the scope of his competency as listed on his competency card and as defined in this article or as restricted by the contractors' licensing board. (3) Abandoning a construction project in which he is engaged or under contract as a contractor. A proj ect may be presumed abandoned if the contractor terminates the proj ect without just cause, or fails to notify the owner in writing of termination of the contract and basis for same, or fails to perform work for 90 consecutive days without just cause and no said notice to the owner. (4) Diverting funds or property received for the execution of a specific contract project or operation or diverting funds earmarked for a specified purpose to any other use whatsoever. (5) Departing from or disregarding in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative. Agenda Item NO.1 OA January 10, 2006 Page 6 of 14 (6) Disregards or violates, in the performance of his contracting business in the county, any of the building, safety, health, insurance or workers' compensation laws of the state or ordinances of this county. (7) Falsifying or misrepresenting any material fact in his application and supporting papers for the purpose of obtaining a certificate of competency under this article. (8) Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct includes, but is not limited to, any of the following: a. The contractor fails to fulfill his contractual obligations to a customer because of inability, refusal or neglect to pay all creditors for material furnished or work or services performed in the operation of the business for which he is licensed, under any of the following circumstances: 1. Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such liens; 2. The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned; 3. The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. (9) Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the licensed contractor knows or should have known that the person or entity was unlicensed. (10) Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the quality and/or quantity of the unfinished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue, faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of aesthetics unless the aesthetically related item clearly violates a written contract specification directly related thereto. Agenda Item No. 10A January 10, 2006 Page 7 of 14 (11) Failure to maintain at all times, with an insurance company authorized to do business in the state, the limits of liability and other categories of insurance as required by this article. (12) Failing to claim or refusing to accept certified mail directed to the contractor by the contractors' licensing board, or its designee. (13) Failing to maintain a current mailing address. (14) Failing to appear in person or through a duly authorized representative at any scheduled hearing on a complaint filed against the contractor. (15) Being convicted or found guilty, regardless of adjudication, of a crime in the county which directly relates to the practice of contracting or the ability to practice contracting. (16) Allowing another to take a qualifying examination on the applicant's behalf. (17) Engaging in contracting business in the county or the city when prohibited trom doing so by the contractors' licensing board. (18) Proceeding on any job without obtaining applicable permits or inspections trom the city building and zoning division or the county building review and pennitting department. (19) Failing in any material respect to comply with the provisions of this article as a contractor or as a qualifying agent for a business entity engaging in contracting. (20) Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or materials which results in a financial loss to the owner, purchaser, or contractor; or falsely indicating that workers' compensation and public liability insurance are provided. (21) Failure of a qualifying agent for a finn/legal business entity to comply with the requirements set forth in F.S. §§ 489.119 and 489.1195. (22) Falsifying or misrepresenting any material fact to another person with the intent or for the purpose of engaging in the contracting business, providing materials or services, or soliciting business for an employer, as a contractor, or as an employee, regardless of any financial consideration. (23) Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage. (24) Misconduct in the practice of contracting (see section 22-201.1 below). (Ord. No. 90-105, § 4.1; Ord. No. 92-61, § 4; Ord. No. 94-34, § 4; Ord. No. 97-68, § 1,10-28- 97; Ord. No. 99-45, § 4.1--4.1.24, 6-8-99) Sec. 22-201.1 Misconduct--State certified contractors. Agenda Item NO.1 OA January 10, 2006 Page 8 of 14 The following actions by state certified contractors shall constitute misconduct and grounds for discipline pursuant to section 22-202 of this article. (l) Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage as required by Florida Statutes. (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. (3) If the CLB finds through its public hearing process that the contractor was found by another county or municipality within the past 12 months, to have committed fraud or a willful building code violation and the CLB finds that such fraud or other willful violation would have been fraud or a willful violation if committed in Collier County or within the respective city. (4) Fraud. (Ord. No. 94-34, § 4; Ord. No. 99-45, § 4.2--4.2.3, 6-8-99) Sec. 22-202. Disciplinary proceedin!!s. includin!! minor violations. (a) There are three categories of violations: (i) violations of subsection 489.127(1), F.S.; (ii) violations of subsection 489.132(1), F.S.; and (iii) other violations within the jurisdiction of the contractor's licensing board. (1) Subsection 489.127(1), F.S., is incorporated herein. (Lack ofrequired license, certificate, or registration). The following are designated to enforce subsection 487.127(1), F.S.: Collier County Building Official, all license compliance officers, the chief building inspector, chief electrical inspector, chief plumbing/mechanical inspector, and/or other inspectors authorized from time-to-time by the building official. Procedures specified in this section shall apply except to the extent, if any, that Section 489.127 or Section 489.132, may require different procedure(s). The penalties for each uncontested violation of subsection 489.127(1) and/or 489.132(1), F.S., are $300.00 for the first uncontested violation and $500.00 for each subsequent uncontested violation by the same individual or entity. Penalties for contested violations of subsection 489.127(1), F.S., are as now or hereafter specified in Section 489.127, F.S. Penalties for contested violations of subsection 489.132(1), F.S., are as now or hereafter specified in Section 489.132, F.S. The citation form attached hereto as Exhibit "A" is approved, which form may be amended from time-to-time by resolution of the board of county commissioners. (2) Minor violations: The contractor licensing supervisor or designee shall issue a "notice of noncompliance" as the county's first response to a minor violation of any provision of any regulatory law, including this section, when (i) it is reasonable for staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how to comply with the violated provision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safety, or welfare, nor created any significant threat of any such adverse affect. The notice of noncompliance should identify the specific provision that was Agenda Item NO.1 OA January 10, 2006 Page 9 of 14 violated, should provide infonnation on how to comply with that provision and should specify a reasonably time for full compliance. The notice of noncompliance shall not be accompanied with any immediate threat of any monetary fine or any other disciplinary penalty, but may specify that failure of the violator to correct the violation within the time specified in the notice for compliance may result in disciplinary proceedings. Each violation that is not a "minor" violation is a "major" violation. (3) Major violations. The contractor licensing supervisor, or his designee, may initiate disciplinary proceedings against a licensed contractor for major violations of this article by filing a sworn complaint with the clerk to the Collier County Board of County Commissioners. (4) Failure of non-state certified individual to promptly pay penalty to county. The Collier County Building Department should not issue any pennit or any other required authorization to any Collier County certified individual who then has an obligation to pay a penalty to the county imposed with finality under this article for any violation of this article (including a citation that is not contested) and that individual has not paid that penalty in full by the applicable deadline date, plus reimbursement of the county's costs, such as recording fees and court costs. An appeal of uncontested citations stays all such withholdings. (5) Failure ofnon-state certified individual to meet permit conditions. The county's building department may withhold issuance of any further pennit(s) or any other authorization(s) to any individual who, or entity that, has not then complied with any condition of all county-issued pennit(s) issued to that individual or entity, including every follow-up inspection or any other act then capable of being complied with, although late in time. (6) Withholding permit pulling privileges of state certified contractor. Before the CLB may withhold any pennit pulling privilege(s) of a state certified contractor, the CLB, after public hearing, must find that the contractor violated a provision of section 22-201.1 of this article. (b) Any person who believes that a contractor holding a certificate of competency has violated this article may submit a sworn complaint to the contractor licensing supervisor, or his designee. The complaint shall be in substantially the fonn prescribed by the contractor licensing supervisor. The complainant shall pay a fee of $50.00, to defray the costs of administering the complaint, at the time of filing the complaint. The complaining party shall state with particularity which section of this article he believes has been violated by the contractor and the essential facts in support thereof. (c) Upon the submission of a sworn complaint, the contractor licensing supervisor, or his designee, shall conduct a preliminary investigation and detennine whether the complaint submitted warrants the filing of fonnal charges. If charges are warranted, the contractor licensing supervisor, or his designee, shall file the complaint with the clerk to the board of county commissioners and shall send, by certified mail, return receipt requested, a letter to the licensed Agenda Item NO.1 OA January 10, 2006 Page 10 of 14 contractor at his local address, or if applicable the local agent's address, as shown by the records of the contractors' licensing board, enclosing a copy ofthe complaint and indicating: (1) The name of the complainant; (2) The date of the commission of the alleged offense; (3) The section of this article alleged to have been violated; (4) The range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this article by the contractors' licensing board in the event said board finds a violation of this article to have occurred; (5) The date, time and place at which the contractor shall appear before the contractors' licensing board for a hearing regarding the complaint. The date scheduled shall not be sooner than 20 days from the mailing date of the certified letter. (d) The notice of hearing required by this section may, in the alternative, be accomplished by hand delivery of said notice to the contractor by the contractor licensing supervisor, or his designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his family over 15 years of age and informing such person of the contents of the notice. (e) As an alternative to providing notice as set forth above, at the option of the contractor licensing supervisor, notice may be furnished to the contractor by publication as follows: (1) Such notice shall be published once during each week for four 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; (2) Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. Notice by publication may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or by mail as required by this section. (f) Although not required to prove that notice was provided, evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication as provided in subsection ( e) of this section, shall be sufficient to show that the notice of hearing requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. (g) Conduct of hearing. A hearing shall be held concerning the complaint and it shall be open to the public. (1) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. Any party may have a court reporter _hu...._. .... ~ Agenda Item NO.1 OA January 10, 2006 Page 11 of 14 present at the hearing at his own expense. Neither Collier County nor the contractors' licensing board shall be responsible for any failure of recording equipment during the conduct of the hearing. (2) Each case before the contractors' licensing board shall be presented by the county attorney, an assistant county attorney, or by a member of the county staff. Regarding matters under the jurisdiction of the contractor's licensing board, the building official is authorized to issue subpoenas to the greatest extent then allowed by law, including Section 162.08, F.S. (3) Assuming proper notice of the hearing has been provided to the contractor, or was not received notwithstanding attempts to notify the contractor, as provided for in section 22-202(c) of this article, a hearing may proceed in the absence of the contractor. Evidence regarding "notice" shall be received prior to receiving evidence on the merits of the case. (4) The contractors' licensing board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The contractors' licensing board shall hear testimony from the contractor licensing supervisor, or his designee, from the contractor alleged to be in violation of this article, and from such other witnesses as may be called by the respective parties. (5) Fonnal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the state. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient, by itself, to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. (6) Any member of the contractors' licensing board may question any witness before the board. Each party to the proceedings shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness regardless of which party called the witness to testify and to rebut any evidence presented against the party. (7) The chairperson or, in his absence, the vice-chairperson, shall have all powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum. (8) At the conclusion of the hearing, the contractors' licensing board shall issue findings of fact based on evidence of record and conclusions of law; impose disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this article and state law. Said findings of fact, Agenda Item NO.1 OA January 10. 2006 Page 12 of 14 conclusions of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the contractors' licensing board on the case heard before the board. (9) The decision of the contractors' licensing board shall be stated orally at the hearing and shall be reduced to writing and mailed to the parties within 30 days after the hearing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any related order shall be made by motion approved by a majority of the members of the contractors' licensing board who are present and voting. The decision of the board shall be effective upon being stated orally at the hearing, unless the board orders otherwise. The decision of the board shall be filed with the clerk to the board of county commissioners promptly after said decision is reduced to writing. (10) Should the contractors' licensing 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 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 the contractors' licensing board shall take place only at a public meeting of the board. The board shall thereafter issue its decision pursuant to subsections (8) and (9) of this section. (Ord. No. 90-105, §§ 4.2.1--4.2.4; Ord. No. 92-61, § 4; Ord. No. 94-34, § 4; Ord. No. 97- 68, § 1, 10-28-97; Ord. No. 99-45, § 4.3--4.3.4.11, 6-8-99; Ord. No. 02-21, § 1(4.3.1, 4.3.3),5-14-02) Sec. 22-203. Disciplinarv sanctions. (a) Holders of Collier County or city certificates of competency. If, after hearing, the contractors' licensing board finds that there has been misconduct by a contractor, within the meaning of section 22-201, said board may, but shall not be required to, impose any of the following enumerated sanctions, alone or in combination: (1) Revocation of a Collier County or city certificate of competency; (2) Suspension of a Collier County or city certificate of competency; (3) Denial of the issuance or renewal of a Collier County or city certificate of competency; (4) A period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the contractors' licensing board; and/or participation in a duly accredited program of continuing education directly related to the contractor's contracting activities. Any period of probation or continuing education program ordered by the contractors' licensing board may be revoked for cause by said board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in section 22-202. Service of said notice shall be as provided in section 22-202. Evidence that either of these methods of service have been utilized shall be sufficient to show that the notice of Agenda Item NO.1 OA January 10, 2006 Page 13 of 14 hearing requirements of this section have been met, without regard to whether or not the alleged violator actually received notice; (5) Restitution; (6) A fine not to exceed $5,000.00; (7) A public reprimand; (8) Reexamination requirement; or (9) Denial of the issuance of Collier County or city building permits or requiring the issuance of permits with specific conditions; (10) Reasonable investigative and legal costs for the prosecution of the violation. (b) (1) Holders of State of Florida certificates of competency. If, after hearing, the contractors' licensing board finds that there has been misconduct by a state certified contractor, within the meaning of section 22-20 I, said board may deny the issuance of Collier County or city building permits or require the issuance of permits with specific conditions. (2) Notification of and information concerning such permit denial shall be submitted to the state department of business and professional regulation within 15 days after the contractors' licensing board decides to deny the permit. (c) When imposing any disciplinary sanction on a contractor or a person holding a certificate of competency who has been found to have violated this article, the contractors' licensing board shall consider all the evidence presented at the hearing as well as: (1) The gravity of the violation; (2) The impact of the violation on the public health, welfare or safety; (3) Any actions taken by the violator to correct the violation; (4) Any previous violations committed by the violator; and (5) Any other evidence presented at the hearing by the parties relevant as to the sanction which is appropriate for the case given the nature of the violation and the violator. (d) Any disciplinary sanctions imposed by the contractors' licensing board shall be effective upon being stated orally at the hearing unless the board orders otherwise, all in accordance with section 22-402(g)(9). Agenda Item NO.1 OA January 10, 2006 Page 14 of 14 (e) In addition to any action the contractor's licensing board may take against the individual's or business organization's local license, and any fine the contractor's licensing board may impose, the contractor's licensing board shall issue a recommended penalty for the state construction industry licensing board or if the action involves an electrical contractor or an alann contractor, the state electrical contractors' licensing board action. This recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the construction industry licensing board or electrical contractor's licensing board, or a combination thereof. The contractor's licensing board body shall infonn the disciplined contractor and the complainant of the local license penalty imposed, the penalty recommended, his rights to appeal, and the consequence should he decide not to appeal. The contractors' licensing board shall, upon having reached adjudication immediately infonn the construction industry licensing board or electrical contractors' licensing board of its action and the recommended board penalty. (f) Fines and all other monetary penalties may be collected and disposed as authorized by and subject to Chapter 489, Florida Statutes. Should any monetary penalty imposed by the board not be paid within the time specified by the board's order, the board may request from the board of county commissioners authority to that appropriate legal action to collect the penalty. (Ord. No. 90-105, § 4.2.5; Ord. No. 92-61, § 4; Ord. No. 94-34, § 4; Ord. No. 99-45, § 4.3.5-- 4.3.5.6,6-8-99) Agenda Item No. 10B January 10, 2006 Page 1 of 10 ~ EXECUTIVE SUMMARY Recommendation to award Bid No. 06-3904 - "Purchase of asphalt and related items" for the estimated annual amount of $2.3 million to Better Roads Inc., as primary and Bonness Inc., as secondary. OBJECTIVE: To provide a contract for asphalt and related items when necessary for use by all County departments. CONSIDERATIONS: The Road Maintenance Department is responsible for Collier County's approximately 2,237 lane miles of paved roads, and 234 lane miles of unpaved roads for a total of 2,571 lane miles. The Road Maintenance Department is additionally responsible for six (6) State roadways for approximately 385 lane miles. This contract is for the purchase of asphalt and related items for use in repair/overlay of roadways on all County roadways. Bid #06-3904 was publicly advertised on November 7, 2005. Notices were sent to 108 fIrms with five (5) finns requesting full packages. Three (3) responses were received by the due date November 22, 2005. ,,-.. Staff has reviewed the bids received and recommends award to Better Roads Inc. as primary, and Bonness Inc. as secondary. Staff recommends award to both firms due to the amount of work within the County. This dual award offers the using County Department flexibility to select a vendor based upon availability and material cost which can produce time and monetary savings. An approved and numbered Purchase Order will serve as the contracts for this bid. Other County departments or governmental agencies may also utilize this bid. FISCAL IMPACT: Funding will come from MSTD Fund (Ill) - Road and Bridge Maintenance Operations - in an amount estimated at $2.3 million annually. Source of funds include ad valorem taxes. Other using departments will utilize their own funding sources. GROWTH MANAGEMENT IMP ACT: There 1S no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid No. 06- 3904-"Purchase of asphalt and related items" to Better Roads Inc., as primary and Bonness Inc., as secondary. Prepared By: Anthony R. Wiggins, Supervisor of Road Maintenance Contracts and Projects, Road and Bridge Maintenance ,,-.. Attachment: Bid Tab Agenda Item No.1 08 January 10, 2006 Page 2 of 10 Item Number: Item Summary; Meeting Date; Aqenda Hem No. 108 " January 10, 2006 PAge" of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOB RecommendatIOn 10 aW¡.Jrd Bid No 06-3904 ~ Purchasf: cf asohalt and related Items for the estimated an¡)1.Jal amount of $2.3 million 10 Better Roads Inc. as pnmary and Bonness inc.. as secondary (~Jorman Feder Administrator, Transpo;a1lon Services) 1/10/2006900:00 AM Date Prepared By Anthony R. Wiggll15 Transp0!1ation Services Supervisor~ Contracts & Projects Road 1"1aintenance 12/19/200510:23:02: AM Date Approved By Rookrnin f"'¡HlJth Transportation Services ManagemenUBudget An~lyst Transportation Engineering and ConstructIOn 12/19.'200510;42 AM Date Approved By Sharon Newman Transportation Services Accounting SupervIsor Transportation Services Admin 12119/20052:17 PM Date Approved By Norm E. F€'deL AICP Transportation Services TransportMion Division Administrator Transportation Services Admin. 12/19/20052;27 PM Date Approved By John Vliet Trflnsport~ti{)n Services Roads Mamtenance Superintendant R()~d Mainlenance 12/20.'20058:22 AM 0<1,. Approved By Brenda Brilhart AdmInistrative Services Purchasmg Agent Purchasing 12/20/20059:47 AM Date Approved By Mikt' Halter AdministratIve Services AcquisitIon Man.:tger PurchasHlg 12/22,'20058:13 AM Date Approved By Steve CarneH Administrative Services Purchasing/General SVC5 Dlreclor Purchasing 12/27/20059:19 AM Date Approved By Pat Lehnhard Transportation Services Executive Secretary TransportatiQn Services Admin 12/27/20051 ;27 PM Date Approved By OMB Coordinator County Mlmager's Onice AdmInistrative Assistant Office of Management & Budget 12128/20059:51 AM Date Approved By Mark lsat:k50n County Manager's Office Budget Analyst Offrce at M<"I1iH:¡ernent & Budget 12128/20052:18 PM D<"te Approved By Michae! Smykowsld County Manager's Office Managernenl & Budget Dimcfor Office of Management & BUdget 12f28/2005 3:46 PM Date Approved By James V. 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I~ I~ 1:1 -; e '; ~ 0 ¡.;:¡ 01 ¡:¡:¡ 0 ~ "2 ~ CI) 0 z 15 - = ~ CI) z 00 ~ 1:1 ë -0 ,S Z <= ~ 00 = .. .a 1:1 ¡.¡.¡ .J. 1:1 ¡:¡ ~ ... ~ ¡:: E- M '? r:;- -0 :s 00 e .. ~ ª ~ ~ ~ ..... 5 = t:!: E -0 t3 00 .. ~ 01 ... ~ e-< 0 00 00 U 0 ~ .s ~ -< ;$ "- 'õ "- '" '" to a. ij ~~ ..... ;:1 .. t:r' <:: OJ "'¡:<: VJ ¡(J ¡j OJ) ,g ~ o <} Z~ '! OJ) ~ ~8 ~ fã ~!j ~'~ :::E:::E '-=-' ~ Æ~ 8 ~ ] ~3 ~Q'\ M o<!-1: ~<:> '"¡¡j't1: ..Q ,. 0.-0 .(ÇQ .. .... ~<E .-;:: = F:: ,g C) ~ .~ '"3 o~ P:E- Agenda Item No. 10C January 10, 2006 Page 1 of 10 -- EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a request for dedication of right of way within the Livingston Village PUD to accommodate the potential future extension of Green Boulevard. OBJECTIVE: That the Board of County Commissioners, for the purpose of addressing long range transportation needs and reducing the costs and impacts of potential long range transportation improvements, approve a request for dedication of right of way within the Livingston Village PUD to accommodate the potential future extension of Green Boulevard (from Santa Barbara Boulevard to Livingston Road). CONSIDERATIONS: On May 13,2003 the Board of County Commissioners approved the change of zoning classification of thè herein described real property located in Section 19, Township 49 South, Range 26 East, Collier County, Florida from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Livingston Village PUD document. This action was taken as part of Ordinance No. 03-23. .,-.. As stipulated in the Livingston Village PUD document, (under Section II Project Development, Subsection 2.20- Transportation, Item L) the developer has reserved acreage along its northern property line for use as part of the potential future extension of Green Boulevard from Santa Barbara Boulevard to Livingston Road, and/or the future east-west extension of Whippoorwill Lane to Livingston Road. The reserved acreage is broken into two segments, a "Western Roadway Reservation Area" and an "Eastern Roadway Reservation Area." (see attached map) The Western Roadway Reservation Area consists of the northernmost 75 feet between Livingston Road and the mid-section line of Section 18, totaling approximately 4.5 acres. The Eastern Roadway Reservation Area consists of the northernmost 100 feet between the mid-section line of Section 18 and Interstate 75, totaling approximately 5.3 acres. The reservation will expire on January 15, 2006. Prior to January 15, 2006, the developer agrees to dedicate said reservation areas upon receipt ofCo1lier County's request. As stated in the Livingston Village PUD ordinance, the Western Roadway Reservation Area shall be provided to Collier County without compensation. A dedication of the Eastern Roadway Reservation Area shall be in exchange for road impact fee credits equal to the fair market value of its acreage dedicated to the county. Per Ordinance No. 03-23, the value of the acreage dedicated to the county shall be based on the fair market value at the time of rezone approval (May 2003), not at the time of the county's request for dedication (January 2006). ~ This request for dedication is based on the findings of the Green Boulevard Extension Corridor Study, which is currently being conducted by the Collier County Transportation Planning Department. This study began in late 2004 and is scheduled to conclude in March 2006. One of the study's key findings is that a Green Boulevard Extension would provide significant relief to the area's roadway network in future years, particularly ,·,.""II<'I.·..'...."'.~H."·"·'- Agenda Item NO.1 OC January 10, 2006 Page 2 of 10 ,,-. benefiting Pine Ridge Road and Golden Gate Parkway. (see attached traffic graphic) Four alignment alternatives are currently under consideration, all of which utilize this potential right of way within the Livingston Village PUD. The Green Boulevard Extension has no further phases funded besides the corridor study effort. The potential design and construction phases are many years away, as this potential project is viewed as a long range, not a short term transportation need. The project has been in the Collier Metropolitan Planning Organization (MPO) Long Range Transportation Plan (LRTP) since 1996, and is currently included in the draft 2030 LRTP Needs Plan. This request for dedication would preserve a segment of this potential corridor for future consideration by the Board of County Commissioners. FISCAL IMPACT: There is no fiscal impact for requesting dedication of the Western Roadway Reservation Area. A dedication of the Eastern Roadway Reservation Area shall be in exchange for road impact fee credits equal to the fair market value of the acreage at the time of rezone approval (May 2003). .'--- GROWTH MANAGEMENT IMP ACT: This request for dedication is consistent with the Growth Management Plan, as the Green Boulevard Extension is included in the Needs component of the 2025 Collier MPO Long Range Transportation Plan. The 2025 Collier MPO Needs Plan is included in the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve this request for dedication of both the Western Roadway Reservation Area and Eastern Roadway Reservation Area within the Livingston Village PUD. This request will be delivered to the developer of the Livingston Village PUD prior to the reservation expiration date of January 15, 2006. Prepared by: Joseph Quinty, Principal Planner, Transportation Planning. Attachments: 1) Cover page and transportation section of Livingston Village PUD document; 2) Aerial map showing ROW reservation areas; 3) Graphic showing current and projected traffic volumes in the Green Blvd Extension Corridor Study area. ".- Item Number: Item Summary: Meeting Date: Agenda Item No. 10C January 10. 2006 Pag" 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS toe Recommendation that the Board of County Commissioners approve a request for dedIcation of right of way within the LNingston Village PUD to accommodate the potential future extension of Green Boulevard, (Norman Feder, Administrator, Transportation Services) 1/10/20069:0000 AM Transportation Di...islon Administrator Date Approved By Norm E. Feder, AICP Transportation Services Transportation Services Admin. 12/22/2005 8:37 AM Sharon Ne'MTIan Accounting Supervisor Date Approved By Transportation Services Transporta.tion Services Admin 12122/2005 9:08 AM Jeff Klatzkow Assistant County Attorney Da" Approved By County Attomey County Attorney Office 1212212005 9:59 AM Joseph Quinty Principal Planner Dat. Approved By Transportation Services Transportation Planning 121221200510:12 AM Donald L. Scott Transportation Planning Director Date Approved By lransportation Sef'Jices Transportation Planning 121221200510:45 AM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 12122/200512:40 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 12128/20059:55 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 12/281200511:20 AM Approved By Senior Management/Budget AnAlyst Da" Susan Usher County Manager's Office Office of Management & Budget 12/28/2005 2:23 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 12/28120053:29 PM Approved By County Manager Date James V. Mudd Board of County Commissioners County Manager's Office 12/30!200511:31 AM Agenda Item No. 10C January 10, 2006 Page 4 of 10 ORDINANCE NO. 03- 23 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-10Þ:~ THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICI-f:.: INCLUDES THE COMPREHENSIVE ZONING REGULA110N~:. FOR THE UNINCORPORATED AREA OF COLUER COUNTY;,:"" FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP''::' ~ NUMBERED 9619N; BY CHANGING THE ZONING.'"";', c:. CLASSIFICATION OF THE HEREIN DESCRIBED REAz.;¡: ØMD : PROPERTY FROM "A" RURAL AGRICULTURE TO ·PUD~~ .., PLANNED UNIT DEVELOPMENT KNOWN AS LlVINGSTO M " ~ VILLAGE POO LOCATED ON THE EAST SIDE OF LlVINGSTO~ ~ ->.d'. ROAD (C.R. 881) NORTH OF 'WYNDEMERE COUNTRY CLUB, IN :<l'91....E.\~ SEcnON 19, TOWNSHIP 49 SOlJ11i, RANGE 26 EAST, COLLIER COUNTI', FLORIDA, CONSISTING OF 148,9B±. ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ...... "OJ c-.=> ...., :-.... "71 -; 1'.) :;......... 0 ~ m ~:y 0 C> <=> WHEREAS, Michael Fernandez, AICP, Planning Development, Incorp¡>rated, representing Marian H. Gerace and Wallace L. Lewis, Jr., petitioned the Board of County Commissioners to change the zoning classification of the herein desoribed real property. NOW, THEREFORE, BE IT ORDAINED by the Board at County Commissioners of Collier County, Florida, that: SECTION ONE; The zoning olassification of the herein described real property located in Section 19, Township 49 South, Range 26 East, Collier County, Florida, is changed trom "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Livingston Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9619N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended 8CÇOrdingly. SECTION TWO: This Ordinance shall become effective upon tiling with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of m~ ,2003. ,.:\:~~'.:,~.:.~:.: : '..:,..'... , -' .- '::. :~" ;': :1, ......, '. . ! d; "~ITEST~'¡ ~,' '\ " - _ ", ~ _ I ~ ( t!..-<....¡,.I\LJrL (.~, DWIGH1" E, :BROCK, CLERK "0 '~', ~" (.....;Attatt at to CIIIt.-·, ,oJ It~ .1,- Approved as to form and Legal SL1fficiency :Ltp~n~ ' flt:u A r -.:t Marjorie T\()Student Assistant County Attorney This ordinance filed with the ~ 01 ~'s Office Ihe __cq,of~, ~ cmd odn::Moledgemeo ~ that ::¡~~ dav)r By _c:~ PUDZ·2002·^R·J09SlRBIIo Agenda Item No.1 OC January 10, 2006 Page 5 of 10 2-12 modification/reinstallation of plant materials due to the necessary maintenance of utiity lines will be the responsibility of the developer. its successors, or assigns. 2.20 TRANSPORTAT10N The development of this PUD shall be subject to and governed by the following stipulations. A. All traffic control devices and design criteria used shall be in accordance with the applicable standards of the LOC and applicable standards of the Florida Department of Transportation {FDOT} unless otherwise addressed within this PUO document. B. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). C. Site related improvements will not be considered for impact fee credits. D. Road Impact Fees will be paid in accordance with the appropriate Collier County Ordinances, as amended. E. Any and all median opening iocations will be in accordance with the Collier County Access Management Policy, as amended, and LDC, as amended. Median access and control will remain under Collier County Transportation Staff's authority. Collier County Tran~portation Staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concems, operational circulation issues, and roadway capacity problems. F. Sidewalks and bicycle travel ways shall be designed consistent with the applicable LDC provisions. \.. G. The developer{s), its successor(s) in title, or assignee(s), shall be responsible for their "fair share- of the cost of any and all traffic signal(s), at any and all development entrances{s), when determined warranted and approved by Collier County Transportation Staff. The developer shall be eligible for impact fee credits for expenditures above its fair share contribution. When warranted, upon the completion of the installation, inspection, burn-in period, and final approvaUacceptance of any and all traffic signal(s), said traffic signal{s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Staff. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner{s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage J impact. -----..".-'.-..- ''''''';;''''-''''''-''"'''"''''.'1"","""..'""''1"',;",.;,,,..,.,.;, Agenda Item NO.1 OC January 10, 2006 Page 6 of 10 2-13 H. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) as required by the LDC or other applicable ordinance prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are required, right-at-way and/or compensating right-of- way, shall be provided when required by applicable provisions ot the LDC in conjunction with said improvement(s). J. All work within Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64, as amended. J. All internal access(as), drive aisle(s), and sidewalk(s), not located within County right-of-way. will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). K. If a gate is proposed at any andlor all development entrance(s) they shall be designed to provide a minimum depth of 100 feet to the development key pad/phone box and turn-around area in front of any andlor all such gate(s). L The developer shall reserve acreage along its northern property line for a segment of the potential future extension of Green Boulevard from Santa Barbara Boulevard to Livingston Road and/or the future east-west extension from Whippoorwill Lane to Livingston Road. The reservation shall be the northernmost 75 feet between Uvingston Road and the mid-section line of Section 18, approximately 4.5 acres ("Western Roadway Reservation Area-), and the northernmost 100 feet width between the mid-section line of Section 18 and 1_ 75, approximately 5.3 acres ("Eastern Roadway Reservation Area"). This reservation is made, in part, to accommodate a potential alignment of the potential westward extension of Green Boulevard for which an alignment study is scheduled to be undertaken between the years 2003 and 2004. " Any request for dedication of said reservation which is limited to support the east- west extension of Whippoorwill Lane, or any request for dedication of the Western Roadway Reservation Area only. shall require prior listing of this roadway segment on the County's current and funded five-year Capital Improvement Schedule adopted as part of the Growth Management Plan. Any request for dedication of said reservation area which is limited to support the east-west extension of Whippoorwill Lane shall be limited to the Western Roadway Reservation Area only. This reservation shall expire January 15, 2006. Prior to January 15, 2006, the developer agrees to dedicate said reservation area to the County upon receipt of the County's request, and upon satisfaction of the above with respect to the Agenda Item No.1 OC January 10, 2006 Page 7 of 10 2-14 Western Roadway Reservation Area. if applicable. The Western Roadway Reservation Asea shall be provided to the County without compensation and as required by Subsection 2.2.20.3.7 of the LDC. A dedication of the Eastern Roadway Reservation Area shall be in exchange for road impact fee credits equal to the fair market value of the property dedicated to the County and as required by Subsection 2.2.20.3.7 of the LOC. In the event that the developer has completed the project and there are remaining road impact fee credits the County shall reimburse the developer in cash the amount of road impact fee credits remaining. The value of the acreage dedicated to the County shall be based on the fair market value of the said acreage at the time of rezone approval and not at the time of a County request for dedication. In the event that impact fee credits are not available for use to acquire the reserved area, then compensation shall be made in cash. The developer shall demonstrate at the time of platting or SDP application that the reservation of the acreage has occurred. The developer reserves the right to improve the reserved area with landscaping and related improvements, but such improvements will not be considered as Improvements in the evaluation of the land's value nor shall the project be dependent on such improvements for purposes of satisfying its obligations under this PUD, unless and until the reservation is deemed terminated as provided below. For example, improvements within the reserved area shall be in addition to the required perimeter buffers in the event the County requires the dedication of the reservation lands. Should the County obtain these lands, the County shall provide an easement, which allows tlie Developer the option to remove or retain and maintain such improvements until such time as roadway improvements commence. '- The developer further reserves the right to utilize the area reserved to the County for a project access driveway extending to a project entry which is proposed to be located approximately one-quarter mile east of Livingston Road. Developer shall be responsible for all necessary permitting associated with the portion of the driveway improvements to be constructed. In the event the driveway improvements are commenced prior to the termination for the reservation of the Western Roadway Reservation Area, or after the County's acquisition of either Reservation Area, the Developer shall construct the improvements consistent with the design standards of 2-lanes of the proposed 4-lane Green Boulevard Extension urban cross section or an approved cross section for Whippoorwill Lane, as may applicable, or any other alternative design cross section and associated standards acceptable to the Collier County Transportation Department. The Developer shall not be entitled to road Impact fee credits for these driveway improvements. Should the County not elect to request the dedication of the reservation lands prior to the above date, then the reservation will be deemed terminated and the --,.-.---..... .."--_..;,,"--~' -, ..."'~,--"--'~- ~ ---------,._-,",-----_._-- -- --.- Agenda Item No. 1 DC January 10, 2006 Page 8 of 10 2-15 encumbered acreage shall be released and may be incorporated into the project as if the reservation had not existed, and the Developer may relocate any previously provided project perimeter buffer to the Project's northern boundary. Project improvements which occur south of and adjacent to the reservation lands which occur prior to either the dedication to the County or prior to the termination of said reservation obligation, shall be required to include a 20 foot wide, Type D Landscape Buffer as defined in the Land Devetopment Code. 2.21 ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.2.25.8.1 of the LDC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all clevelopment within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 2.22 MONITORING REPORT AND SUNSET PROVISIONS A. The Livingston Village PUD shall be subject to the Time Limits of Section 2.7.3.4 of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. 2.23 INTERSTATE 75 BUFFER REQUIREMENTS The landscape buffer to Interstate 1-75 right-of-way shall have a minimum width of 20 feet measured from the existing eastern property line of the subject property. This buffer ~hall minimally meet the landscape installation requirements for Type D buffer as provided in the LDC. Additionally, the buffer improvements shan be designed to have an overall height of 25 feet at installation, as measured from the adjacent right-ot-way grade. This height shall be achieved by the use of one or more of the following elements: trees, berm and wall. The maximum height of any wall etement shall be eight feet and shall be screened on both sides by a hedge or County approved landscaping equivalent with a minimum height at installation of one-haft the height of the wall. Said hedge or landscaping equivalent shall be maintained at a minimum height of 6 feet and must achieve this height within 2 years of the initial installation. Any wall or berm component use shall be consistent with development standards of this PUD or it not addressed, the applicable LDC development standard. Should a wall component be utilized, one-half of the required trees shall be installed on each side of the wall and the required trees shall be evenly spaced. Landscape improvements that exceed the minimum development standards of this PUD üc.orð xg \I ..:;¡ -.,- E~' () ê§ w.I ~êl- -0 ro~ c:' () OJ .« c: o .- -+-' CO > I- 0) en 0) ~ -$ o ~ 0) 0) co - - .- > c: o -+-' en 0) c: .- > .- --I "~_..,,-..,._...,--~.< 24,400 41,300.... 40,200 Pine 34,000 47,000.... 47,900 34,000 52,900.... 55,700 29,800 54,400 56,000 . 30,200 70,300.... 69,000 ,..'.,....,. 1'-'-'-' -- , , EXISTING, NO-BUILD, AND BUILD DAILY TRAFFIC VOLUMES 55,100 76,100 63,300 . 33,000 9,900 r 20,000 ~ 46.900 37,300.... ~ 23,500 ~ 37,500 30,400 i 29,900 N.T.S. . ~ . ," ~__'=ßhc~~F.~m'~_'~"~,~~t'--_e_" t , 29,700 33,000 f +55,600 50, 700 ¡~ 52 100 45600ë5 ' I ;~ c 800 :g 8000 , -" 29,700 __l~r:.L~.D_!!'sL__~+~~:gg~_ 55,100 76,000 63,300 .. e -' '~ N/A o +3,900 8: 5,000 :ë 3: "., ~., "'_' ,,', "', n., .' "'" .',...."',...'......., t o 6,000 27,000 27,000 t 48,700.... 11,300 47,900 1 2,900 1 7,600 '0 > ë5 mm 0 Vi 0 .D 0 CD 0 C 0 U) 26,400 26,100 28,100 ~' 44,600 48,300.... 41 ,200 40,700 48,500 39,200 .. .. ," t 23,100 26,400 +75,400 61 ,000 75,900 57,700 '0; /Y' e: .2' <n, 0'> e, ';;: :.::::¡ 34,000 +52,200 54,200 t 26,400 61,700 58,300 Legend 55,100 = 2004 Existing AADT 76,100 = 2032 No-Build AADT 63,300 = 2032 Build AADT Conclusion: Substantial Traffic Increase by 2032 AVERAGE ANNUAL DAILY TRAFFIC (AADT) Agenda Item No.1 00 January 10, 2006 Page 1 of 5 .-. EXECUTIVE SUMMARY Recommendation to approve award of bid 06-3922 in the Amount of $1,237,040 for Pump Stations 109 and 113 Improvements to Douglas N. Higgins Inc. Project 739454. OBJECTIVE: To obtain approval to award a bid to Douglas N. Higgins for Pump Stations 109 and 113 Improvements. The Public Purpose is to increase the pumping capacity due to increased flow and to avoid discharge of untreated wastewater at these locations. CONSIDERATIONS: This Project is included in the 2003 Wastewater Master Plan Update adopted by the Board of Collier County Commissioners on May 25, 2004, under Item 10(D). The wet wells at pump station 109 located at Pelican Bay and pump station 113 located at Victoria Park are reaching capacity during peak flow. The scope of work at these stations is to remove existing pumps, pipes and the electrical panels and replace with the appropriate equipment. ~ In accordance with the procurement policy of Collier County, and under contract 01- 3290, Fixed Term Utilities Engineering Services, dated September 10, 2001, staff approved a work order to Q Grady Minor and Associates, to provide engineering services related to the design, pennitting, and construction services for the pump station improvements. One hundred and sixty notices were sent and three bids were submitted on December 9, 2005. The bid proposal amounts were as follows: Company PS 109 PS113 Total Douglas N Higgins $814,027 $423,013 $1,237,040 Kyle Construction Inc $956,000 $595,000 $1,551,000 Haskins Inc $1,040,000 $638,000 $1,678,000 Staff reviewed the proposals and concluded that Douglas N. Higgins Inc has submitted the lowest, qualified and responsive proposal. This contractor has a satisfactory performance record on previous projects involving similar work. The Engineer's estimate for this project was $1.0 Million. The increase in the bid price is due to the recent and continued escalation in material and labor unit prices that were not known at the time of the estimates. The Purchasing Department and the County Clerk's Finance and Accounting Division have reviewed the infonnation in this Executive Summary. ~ FISCAL IMPACT: This project was approved by the Board in the FY06 budget on September 22, 2005. The total amount required to fund this project is $1,237,040. A budget amendment in the amount of $622,321 which includes a contingency of . , "'_....".,~".""'_.,,,.~, Agenda Item No.1 00 January 10, 2006 Page 2 of 5 ,-. Executive Summary Award bid Contract to Douglas N. Higgins Page 2 approximately 15% is necessary and funds are available in project 739452. The source of funds is sewer Impact fees. GROWTH MANAGEMENT IMP ACT: This project will benefit the County and is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board ofthe Collier County Water-Sewer District: 1. Approve award of the bid 06-3922 in the amount of $1,237,040 for the pump Station Improvements 109 and 113 Improvements to Douglas N. Higgins Inc. 2. Approve the necessary budget amendment. 3. Authorize the chainnan to execute the standard construction contract after review by the County Attorney. Preoared Bv: Shanthi Sridhar, Project Manager, Public Utilities Engineering Department. ~ ~ Item Number: Item Summary: Meeting Date: Agenda Item No 100 January 10. 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IOD Recommendallon to approve award of bid 06-3922 In Ihe Amount of $1 ,237,040 for Pump StaltOns 109 and 113 Improvements to Douglas N Higgins Inc: ProJ€ci ì3945. (Jltr DeLany, Administrator. Public Utilities) 1/10/200690000 AM Project Manager Dale Prepared By Shantlli Sridhar Public Utilities Public Utilities. Engineering 12t9/2005 4:22:17 PM Stephen L, Nagy Wastewater Collections Manager Date Approved By Public Utilities WasteWater 12/121200510:37 AM Roy 8. Anderson, P .E. Public U1:ilities Engineering Director Date Approved By Public Utilities Public Utilities Engineering 12/13120054:24 PM Approved By Principal Project Mi:mager Da1e William D. Mullin, PE Public U1ilìties Engineering 12/13/2005- 4:46 PM Mike Hauer Acquisition Manager Date Public Utilities Approved By Administrative Services Purchasing 12/14120053:11 PM G. George Yilmaz Interim Was1eWater Director Date Approved By WasteWater 12:/14120053:39 PM Steve Carnell Purchasing/General Svcs Director Date Puhlic Utilities Approved By Administrative Selvices Purcl13sIng 12/15/20058:08 AM Thomas Wides Operations Direc10r Date Approved By Public Utilities Public Utilities Operations 12/16/20058:07 AM James W, DeLany Public Utilities Administra10r Dale Approved By Public Utílì1ies Public U1ilì1ies Administration 12/16/20052.:12 PM OMS Coordinator Administrative Assistant Date A pproved By county Manager's OffÎce Office of Management & Budget 12/19/2005 3:01 PM Susan Usher Senior Management/Budget Analyst Dale Approved By Coun1y Manager's Office Office of Management & Budget 12/21/20052:16 PM Michael Smykowski Management & Budget Director Date Approved By Coun1y Manager's Office Offïce of Management & Budget 12/27/20053:41 PM James V. Mudd County Manager Da1e Approved By Board of Coun1y ComlrHssioners County Manager's Office 12/27/20054:22 PM OWl!") ~ oo~ .. ..- 0 t"iI -0 .~~ ~ °0 ~ ëi> Z..,.... ~ u E >0,..,11 Q) (]) "- L.::" a::: ::::gJ:ßm roc: u:2 -0 ro:¡:¡ !II c:-,o_ (]) t:: 0 0) Õ . « ...~ Q) .Q E ::J Z 00 c: Ng Nro 0) ~ Men 'e.. § E -0 ::J .- e.. !II : -00 "E Q) E Q) > o ... e.. E 0 0 0 0 C! 0 ,.: M 0 ) N ... .. C 0 0 0 ~ 'f/Î M ...- >- >- >- >- >- ... N M Gel .. ~ ::z: ... z ci .,. .,. .,. 0 0 0 0 0 0 Q Ó 0 U 0 0 0 0 0 0 oS Ô 0:; m >- >- >- >- >- Ii .. M .... C!. CD ut c ... ... ~ ) III .,. .,. :r .,. c 0 0 0 0 0 0 ~ ;¡ Q Q u 0 ::'I 0 0 0 .. 0 0 C!. - eÞ .,) ) ..... >- >- >- >- >- c V) en V) 0 en II) V) 0 ..... Q) ... :s; .,. .,. .,. ro ~ -0 ï:: ~ ~ t:: ro en ~ ~ ) ~ .... ( ~ "", 1'- -< - ~ c Q) E , ......... ) Q) ~ --- > <::- 0 º' ... .5 " ~.... M ~ ... ... oð ~ ..... .¿ ¡-..:. :::--: en Z Q) ro <:) -0 ::E ... -0 'ï:: '" iD !II C - ro c: 0 -0 0 -0 g ;¡ .~ Q) c:= III 00 U Q E - -0 ... 00 c: .... en Q Q Q II] ..... ..... Q ~ "'§ ..... ..9 .~ en M ::J ~ > <:) ... 0 (3 u (3 Q) ::'I ... .... c: ~ ~ >< « ~ .2 ~ a. c c u ::J 'E w Z: c: N 0 0 « c: 0 - « ro N ;¡ ;¡ C ro u 0 ~ OJ -.. en III III ãi E ~ .Q "E ro c: M - - ::J -0 ::J en ëñ I en en ..J -0 t:: ro en Q 00 CD ~ ~ ° E .c ro 00 ~ c: .:: - u .c Q <:) Q IX) Q) 0 Q c: ~.5 -0 -0 ro ûí ...... ~ ::'I ::'I 0 -0 -0 ro ::J ~ m a. a. ~ « iñ ~ :::¡ û5 l- e.. L..: Q ár.c t::. ~en (3-0 Q) "õ' ... e.. M ..- ..- 0) o ..- OCOLD """,,0_ -:>0 JLD .::J() ""-,,- OJ E è~ 2ce -::¡ ceC: -oce c:-:> () OJ <: J to. Õ~ M I \ ... ... CJ I.t') I······· ~I N ... "I:t I·.......·.....~. ... 0') CJ M .... ... ,.... ... CJ 0 - ~ ... Z ... CJ - ~I M I \ (,) ... ... Q) CJ '- 0 ~I N ... ... ... e.. " CJ 0 >- .... ~ .... ... ... ~ CJ C. - ~ ~ ... ... (..) CJ :gl M \ I ... I···..·. ... I CJ ~I N I/.~! ... ... CJ i. .... ... ... CJ M ~ ':!: . 't""" ... 't""" CJ r I oð :g\ M ... ... 0') CJ 0 ~I N ... 't""" It) ... 0 CJ tn >- .... - .... ... s:: ... CJ Q) - ~ E ... ... Q) CJ > ·.5 M 0 ... ~ ... ... CJ c. I\:~ 0 0 N E N ... ... - CJ s:: IIi .... ... 0 ... .. CJ - ~ - 0 0 CJ) ... 0 0 0 0 0 0 0 0 0 III 0 0 ò 0 ai C. 0 0 .¡ IÕ 0 Ò <') E () co "l It) .¡-. ... ... ... ... ... ~ ... ... e.. . . ui Q) E c .... ~ I- en 1/1 c C ¡¡¡ Z z c Q 0 0 .. w v ''¡:; :¡:; 0 - > '¡: 'S; v u I- 0 w Q I.. :I :I .. Q) Q C Q I.. I.. V C en .. .. Q '- \I) 1/1 1/1 0 . ¡;¡ ïii .""" :E C C 0 ... C Q 0 0 I.. e.. wQ ¡:g U U Q. Agenda Item No. 16A 1 January 10, 2006 Page 1 of 3 ,-.. EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Blue Heron, Phase 1-A 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 Blue Heron, Phase 1-A, 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 April 26, 2004. Final acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by ttìe 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 tó be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Letter of Credit No. 03-04, in the amount of $30,499.90, 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 Blue Heron, Phase 1-A, and release the UPS to the Project Engineer or the Developer's designated agent. ,'--' PREPARED BY: Tonia Leavitt, Engineering Services Department Item Number: Item Summary: Meeting Date: f\genda Item No 16A1 January' 0, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendation to approve final acceptance of water utility facilities for Blue Heron, Phase 1-A. 1" 0/20069:00:00 AM CDES Engineering Services Director Date Approved By Thomas E. Kuck. P.E. Community Development & Environmental Services CDES Engineering Services 11/2/2005 8:46 AM Approved By Pamela Ubby Water Operations Manager Date Public Utilities Water 11115/2005 10:21 AM Paul Mattausch Water Director Date Approved By Public Utilities Water 11/15/200511:55 AM Approved By Date Constance A. Johnson Operations Analyst Community Development & Community Development & Environmental Services Environmental Services Admin. 11122/200511:25 AM Roy B. Anderson, P.E. Publïc Utilities Engineering Director Date Approved By Public Utilities Public Utilities Engineering 11/22/20054:07 PM Dat. Approved By Sandra Lea Executive Secretary Community Development & Community Development & EnvironmentalServìces Environmental Services Admin. 12/12/200511:16 AM Approved By Date Joseph K. Sc hmitt Community Development & Environmental Se-rviess Community Development & Environmental Services Admínstrator Community Development & Environmental Services Admin_ 12113/20059:59 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budgat 12119120052:37 PM Mark. Isackson Budget Analyst Date Approved By County IVIanager's Office Office of Management & Budget 12119/20052:45 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 12119/20057:38 PM ~. -'""-----~ ...- (0 C'J <{o...... (000 ...-NC'J c56a> Z"- OJ E è'~ a> co ......:J -c: COCO -0. c: a> OJ <{ a.. « L L1.J l- e/) ~I 31V'JS 0.1l0N / - ~ Õ D:: W :I: W ::> ...J IJ) ~~~ ~ ~ g~: z o - I- « U o -.J ~ :£¡ ~ " - < ;; ~: :: ~ ~ g ~ ~:~ ..,~ g ". i~ o V^31nOa 1:1311100 ~Ç6 -}f 0 " . W . f- ~ « " i <:> z w 0 -' ~ 0 Ñ <:> 0 Qb'VI\.31 OB ~31 0::1 ~ r:~ ~" ~~ ¡¡ 9 ~ ~ ~ ~ "' ã~~ :: o x í~ ~i§1 ~~~ ¡; § . ~ t LI1 ~ ~ ~ ¿os ~ ~J ¡¡ "',....,- ..-::~ u I g. ~3 ~~~ f~ a.. « ". ~3 ~ i ~ Xu o. - . ~ U, ~J g êJ . ~~~ en ~~~ . ~ i~ ~ o " . > J o . Q~'9'^31nOa 'I ~, . ¡~Œ) ~ ~~; ~ o. ~~ 9[-31\<1.5"1:I31N1 ~ æ o ~~ ~ e Agenda Item No. 16A2 January 10, 2006 Page 1 of 16 /~ EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Velma R. Graham as Trustee of the Velma R. Graham Declaration of Trust dated the 21st day of June, 1995 for 10.26 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $373,500. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Velma R. Graham as Trustee of the Velma R. Graham Declaration of Trust dated the 21 st day of June, 1995 (Seller). CONSIDERATIONS: On January 27, 2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. On June 22, 2004, Agenda Item 16A2, the Board confinned their direction to staff authorizing staff to proceed with purchase contracts for Golden Gates Estates, Unit 53, properties as they become available and to bring these contracts back to the Board for final approval. ,,-- The Seller's property consists of two abutting parcels; one containing 5.09 acres and the other 5.17 acres. Both parcels are located within Golden Gate Estates, Unit 53, also known in the Conservation Collier Program as the Red Maple Swamp Preserve. The purchase prices are $184,000 and $186,000, respectively. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of each parcel was based upon one independent, state- certified, general real estate appraisal for the same amount. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Seller, the County will pay the Seller $1,850 in liquidated damages. The CCLAAC approved this transaction on December 13, 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 $373,500 ($370,000 for the property, $500 for the two appraisals, and approximately $3,000 for two title commitments, a title policy, and recording of related documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of December 13, 2005, property costs for Conservation Collier properties, including this property and those under contract, total ,,-- $34,529,633. Agenda Item No. 16A2 January 10, 2006 Page 2 of 16 .- EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Graham Page 2 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 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 County Manager or his designee to prepare related vouchers and Warrants for payment; and ~ 4. Direct the County Manager or his designee to proceed to acquire the property, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to the property, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5. Approve any necessary budget amendments. PREP ARED BY: Cindy Erb, Property Acquisition Specialist, Sr. Real Estate Services / Facilities Management Department ~ Conservation Collier Land Acquisition Program Project Design Report Date: December 12, 2005 Conservation Collier North Golden Gate Estates Unit 53 Location Map BlVDW SHADY HOLLOW BLVD E 41ST AVE HE ~TH AVE NW 391"H AVE HE 37TH AVE HW 37TH AVE HE Graham Properties- 10.26 acres total 3!5TH AVE NW 35TH AVE HE 33RD AVE NW z ~ 33RD AVE HE o ~ ~ ~ ... U) '" \; j; z ... U) ~ ~ ... U) o ¡;¡ 25TH A. NW 25TH AV HE 24TH AVE NW 24TH AVE HE 24TH AVE HE Legend - NGGE Unit 53 , ). \\~¡",....r , NGGE Unit 53 _ Cycle 2 Conservation Lands CREW Agenda Item No. 16A2 January 10, 2006 Page 3 of 16 Property Owner: Velma R. Graham, Trustee FBO V R Graham Trust UTD 06/21/95 Folio(s): 39492080007 and 39492120006 Location: North Golden Gate Estates Unit 53, E 180 FT of Tract 24 and W 180 FT of Tract 25 Size: 5.17 acres and 5.09 acres - Total 1 0.26 acres Appraisal/Offer Amount: $370,000 for both ,"",;",.__e_"~· Agenda Item No. 16A2 January 10, 2006 Page 4 of 16 Historv of Proiect: Received Project Selected Project BCC Purchase offer Offer Accepted application for the "A" Approved for Approval made to owners category, #1 purchase by to buy as priority, on the BCC properties Active become Acquisition List available by CCLAAC confirmed 9/27/05 12/15/03 1/27/04 6/22/04 1112/05 11/3/05 Purpose of Proiect: Conservation Collier Pro2ram Qualifications: This is one of a number of parcels approved for acquisition that are part of a larger, multi-parcel, multi-owner project known as the North Golden Gate Estates (NGGE) Unit 53 Project and now also known as the Red Maple Swamp Preserve Project. Acquisition of these parcels was considered in context of the whole project. The following identifies the ecological value, significance for water resources, human values and aesthetics, vulnerability to development and management potential for this project. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over an historic fann field. Although the unit has been platted for single-family home development, at present there are no homes, streets are unpaved and there is no electric service. Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial orchid species state listed as Threatened, Wild Coco (Eulophia alta) and a fern species, Royal fern (Osmunda regalis) listed by the state as Commercially exploited were observed in abundance. No listed wildlife species were observed, however, the entire unit is directly adjacent to Priority One Panther Habitat, as designated by the Florida Fish and Wildlife Conservation Commission. Black bear, another listed species, are known to inhabit adjoining public lands. This entire area is connected with South Florida Water Management District (SFWMD) lands which are known as the Corkscrew Regional Ecosystem Watershed, separated into CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53/Red Maple Swamp Preserve will enhance, protect, buffer both areas and provide additional public access to CREW Trust lands. Conservation of this area would offer multiple opportunities for land-based natural resource recreation including potential for hunting, as coordinated with limited seasonal hunting pennitted on adjoining CREW lands. Agenda Item No. 16A2 January 10, 2006 Page 5 of 16 This area is vulnerable to development as it is zoned for single-family residences. No homes have been built to date although permits could be issued at any time. No permit applications are currently in the Collier County computer system. Once a group of contiguous parcels can be acquired, there is potential for a management partnership with the neighboring CREW Trust. Management would primarily consist of exotic removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into these lands is contemplated over time. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Mana2ement Activities: Removal of exotic plants, construction of trails, parking and placement of fencing and signage are projected management activities, but would not be done until more contiguous properties can be acquired. Item Number: Item Summary: Meeting Date: Agenda Item No. 16A2 January 10, 2006 Page 6 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation to approve an Agreement for Sale and Purchase with Velma R Graham as Trustee of the Velma R Graham Dedaration or Trust dated the 21 st day of June, 1995 for 10.26 acres under the Conservation Collier Land Acquisition Program, at a cost not 10 exceed $373,500 1/10/2006900.00 AM Date Prepared By Cindy M. Erb Administrative Services Senior Property Acquisition Specialist Facilities Management 1211/200510:42:36 AM Date Approved By Charles E. Carrington. Jr., SRfWA Administrative Services Rea! Estate Services Manager Facilities Management 12f1/2005 1 :56 PM Date Approved By Skip Camp, C.F .M. Administrative Services Facilities Management Director Facilities Management 1211/20052:57 PM Date Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Environmental Services 12/2/20058:48 AM Date Approved By Sandra Lea Executive Secretary 12/5/2005 9:51 AM A pproved By Community Development & Community Development & Environmental Services Environmental Services Admin. Constance A. Johnson Community Development & Environmental Servic.es Operations Analyst Community Development & Environmental Services Admin. Date 12/12/20053:36 PM Date Approve-d By Alexandra J. Sulecki Community Development & Environmental Services Senior Environmental Specialist Environmental Services 12/12/20055:02 PM Date Apprond By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services. Admin. 12/13/200511:11 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 12/19/2005.2;51 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 1.2/20120D5 9:10AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Oirector Office of Management & Budget 12!20'2005 11 :55 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 12127/20051:12 PM CONSERVATION COLLIER PROPERTY 10 #: 39492120006 & 39492080007 Agenda Item No. 16A2 January 10, 2006 Page 7 of 16 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and BETWEEN VELMA R. GRAHAM AS TRUSTEE OF THE VELMA R. GRAHAM DECLARATION OF TRUST DATED THE 21ST DAY OF JUNE, 1995, whose address is 5655 W 150th Street, Overland Park, Kansas 66223, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Three Hundred Seventy Thousand Dollars ($370,000), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 1 CONSERVATION COLLIER PROPERTY 10 #: 39492120006 & 39492080007 Agenda Item No. 16A2 January 10, 2006 Page 8 of 16 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (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 AL T A Commitment for an Owner's Title Insurance Policy (AL T A Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, 2 CONSERVATION COLLIER PROPERTY ID #: 39492120006 & 39492080007 Agenda Item No. 16A2 January 10, 2006 Page 9 of 16 which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current 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. 3 ,-,.----..-..-. CONSERVATION COLLIER PROPERTY ID #: 39492120006 & 39492080007 Agenda Item No. 16A2 January 10, 2006 Page 10 of 16 VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2005 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-half percent (1/2%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. 4 CONSERVATION COLLIER PROPERTY ID #: 39492120006 & 39492080007 Agenda Item No. 16A2 January 10, 2006 Page 11 of 16 At Closing, certified copies of such approvals shall be delivered to Purchaser andlor 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. 5 . """"".--""-.."...." .,--"."'- CONSERVATION COLLIER PROPER1Y 10 #: 39492120006 & 39492080007 Agenda Item No. 16A2 January 10. 2006 Page 12 of 16 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 govemmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 6 ----- ----~-~-"'.~-~.- --- ------..----------..- ----- ._-~ CONSERVATION COLLIER PROPERTY ID #: 39492120006 & 39492080007 Agenda Item No. 16A2 January 10. 2006 Page 13 of 16 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: Velma R. Graham, Tr. c/o Bruce Graham 5655 W 150th Street Overland Park, KS 66223 Telephone number: 913-897-5009 Fax number: AJ I r1 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 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 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. 7 .._<.,---~..~"- CONSERVATION COLLIER PROPERTY 10 #: 39492120006 & 39492080007 Agenda Item No. 16A2 January 10, 2006 Page 14 of 16 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 ConseNation 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 ProjecVAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk , CHAIRMAN B ~j CONSERVATION COLLIER PROPERTY ID #: 39492120006 & 39492080007 AS TO SELLER: DATED: 1~\)\\Öì\~Y-1.A \ ?roc;. - WITNESSES: "- 1JIJiv:t~~J (Signature) ~\('\\,h L\ ¥ ~ N~' (Printed Name) (~'tl\~ QJ.\~lY~ ~ -1(signatureJ'\ J" "1)~~ r~, (Printed Name) Approved as to form and legal sufficiency: /} / ~ c~dwCfLÁ/1 Assistant County Attorney "'''·...·_·_0..___''·'-..·· Agenda Item No. 16A2 January 10, 2006 Page 15 of 16 ~1it:'~~TEE OF THE VELMA R. GRAHAM DECLARATION OF TRUST DATED THE 21sT DAY OF JUNE, 1995 9 Agenda Item No. 16A2 January 10, 2006 Page 16 of 16 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39492120006 LEGAL DESCRIPTION: THE WEST ONE HUNDRED EIGHTY (180') FEET OF TRACT 25, UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND PROPERTY IDENTIFICATION NUMBER: 39492080007 LEGAL DESCRIPTION: THE EAST ONE HUNDRED EIGHTY (180') FEET OF TRACT 24, UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, Agenda Item No. 16A3 January 10, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Laurel Lakes, Phase I 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 Laurel Lakes, Phase I 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 August 24, 2000. 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 Laurel Lakes, Phase I, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16A3 January 10. 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M3 Recomrnendallon to approve final acceptance of water and sewer utility facilities for Laurel Lakes, Phasê I 1110120069:0000 AM COES Engineering Services Director Date Approved By Thomas E. Kuck, P .E.. Community Development & Environmental Services COES Engineering Services 11114120052:38 PM Pamela Libby Water Operations Manager Date Approved By Public Utilities Water 11/15/.2:00510:29 AM Paul Mattausch Water Director Date Approved By Public Util"ìes Water 11/15/200512:11 PM Stephen L Nagy Wastewater Collections Manager Date Approved By Public Utilities WasteWater 1111712005 3 :45 PM Date Approved By Sandra Lea Executive Secretary Community Development & Community Development & Environmental SelVÎces Environmental Services Admin. 12/12/200511 :19 AM Approved By Date Constance A. Johnson Operations Analyst Community Development & Community Development & Envìronmental Servìces Environmental Services Admin. 12/12/20052:43 PM G. George Yilmaz Interim WasteWater Director Date Approved By Public UtiUties WasteWater 12/12/20053:33 PM Roy B. Anderson, P .E. Public Utilities Engìneering Director Date Approved By Public Utilìties Public Utilîties Engineering 12113/200S~;21 AM Joseph K. Schmitt Date Approved By Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 12/13/200510:01 AM Approved By Administrative Assistant Date OMS Coordinator County Manager's Office Office of Management & Budget 12/19i2005 2;38 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 1211912005 2:55 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12121/200510:24 AM _.,..,---~ C"HO C') «0..... (DOO ..-NC') cio() Z"- 0) ro E è'o.. 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I. ~ - I---- -. ~ - f-- ) - = g -I I 8 = ~ = - -_ = t= ,/, g -.1 III [í '" - ~ - 8f- - '- ,,~ "~ 1 =~f-LY-l-L- ;<: - - -Cf-- _,œ'- ~" ><rA ~ ~ - <I-- - I-- - jf-- - ~- 6;~P. = ~\ I -~f-- '-- = V II .... == mII10~:= =t=, t=- ~ ß ^ml ro.'"Y11i =- II \ 1 II r- ¡-- = i---1 ~ t= = "'- - :/ I ~ mmT!TT 81---- ~ 5 I---- -'---- I ' I III \1 I W,-W-LW ill!1111 ¡II '/1----"1-- gl- ~ r TTmìrmT1líillllllllllllll I'II'I'!IIIIIIIII III III/;:> t=1---- - ~ " r LLL1.!JJlllJ..U :::::: F - - _ ê d II I \ \~ 1 ¡ III 1) li 1l11111i I i 1IIIIl~~ == ð:= - ~OJ \ I J ' ",I ! n I V ,,~",^"JSIBI 11111 ñí\t'0 I ill '//1 illlllllll 11111rn~ ~~- cç:r llllllll m : ~ S === - b /fTr-----.. ,UWl I I 1I-o~III~ll,¡I' UlWllllllillll\\> ~~ I .I1,llJ.,Lj)-- 11111111111111!1111111111111 11'1111111111 II i\\"'" / II 1\111 r i :m':1$ cu. J.ON / ____ - ~ ~ ~ ~ '" N N ~ , '" <.J ~. 0 ~8 ., ~ 0 ~ 60 ~ ~ § ~ i w -< ~ z ~ ~ ;; ~. N~~ ~ ~ ;1. - 3lV1SèB.LNI ;: :!: ~ n Qò'VA::nnoEl ~3mo:) ! :'? " ~ ~ u~ I')~.... o~ I ~ ~ ê - ~ ~ê~ ~ ~§~l- t1f U~~- mi'J^31nOE NV:JOl ~ ~~~ .... i5~!:: g~Š ~ ~~ '" ~~ '" ~ ~ ;! ~~ ~ h ~" 9 ?3 ~ s ~~> > ~ ~ 1:1:;; ~ ~~ ~~ g 8 ~~ an-o ,UilNno::> '5'.:fIOO ;.oocw, S~ 2~ ~~ ¡:¡ §Q NI" o-ì3¡¡ 2" ~ ~ ~. ~t; - ~ % - ~" g ¡:¡ § 01" - .," ~~ g ~ ~~~ 0> ~~~ 8¡,,~ L ~~ on %- > D... « L l.LJ f- en >- I- :J Ü < I.L ffi ~ w en " 0: ,., w :z: o w en ~ D- en W j irl 0: :::I j L~6 't.:) a.. « "'5;"" "- z o - f- « U o ....J Agenda Item No. 16A4 January 10, 2006 Page 1 of 3 "- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Heritage Greens, Phase IB and II 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 Heritage Greens, Phase IB and II 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 February 6, 1998. 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 Heritage Greens, Phases IB and II, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Item Number: Item Summary: Meeting Date: Agenda Itern No. 16A4 January 10, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Recommendation to approve final acceptance of water and sewer utility facilities for Heritage Greens, Phase 18 and II. 1110/2006 9:0000 AM CDES Engineering S.ervices Dírector Date Approved By Thomas E. Kuck, P .E.. Community Development & Environmental Services CDES Engineering Services 11/14120053:46 PM Pamela Líbby Water Operations Manager Date Approved By Public Utilities Water 11/15/200510:32 AM Paul Mattausch Water Director Date Approved By Public Utìlì1ies Water 11/15/200512:15 PM Stephen L Nagy Wastewater Collections Manager Date Approved By Publìc Utilities WasteWater 11117/20053:47 PM Date Approved By Sandra Lea ExeGutÎve Secretary Community Development & Community Development & Environmental Services Environmental Services Admin. 12/12/200511:24 AM Constance A. Johnson Da1e Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 12/12/2005 2:48 PM G. George Yì!maz Interim WasteWater DireGtor Date Approved By Public UtiHties WasteWater 12/12/2005 3:34 PM Roy B. Anderson, P.E. Public Utilities Engineering Dïrector Date Approved By Public. Utilities Public utilities Engineering 12/13/20059:26 AM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 12/13/200510:03 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 12/19/2005 2:40 PM Mark Isac kson Budget Analyst Date Approved By Coun1y Manager's Office Office of Management & Budget 12/19/20053:19 PM Approved By County flJlanager Date James V. Mudd Board of County Commissioners County Manager's Offic.e 12/21120051:16 PM ,- _...,~---_._. IIITTTlIIII/1---'--- ® 0111111 II I11111111 '--- \ > 11111/,,/\ '8=J - '< /11111 - '-- ! ~ '--= ~ I ,\'\lIIWlJ71" ~ \ la II I ~ t:: W~: """1>'OH101 !lT~ ~\\íì 111JJjj7]'1 F=!'ç íl II ¡.ill III I = : IIIIII~ 0 '-"- . -:I - J; 9 ~ I iiIIì -I I I ~ :TTI ~ IIII1 1111'11i II1III I I ¡ I I I¡)I 11T1II!1111'11111 111111:1 1:111 Ilìî!' ~ /~Il~ I11I ~I I1I11 I I ~~ L~Œ\,~I -F ,.--- /Í 1IIII LJ'l 'IT\\ II Ij z ill 2 I:! ~ \ __ í ,\\1\' ~ I ._--~ M ~ ¡, l~k6..f) . IlJJlllJ!I ~)--- 1~~IIIII\lJ~ ~ :\1111111\\111 § \ ~ " : >' ~ '< II\.I\Y ~ \....../ II :1 ~ ~II(\III I I I '\j~JWJÙDlJ.Uf~fi)~'IIIII~¡::: I~ ~. ¡:::::i FH1Î - ¡I-~ ç¿m[ mI!Tf1 ìj \== 1= IrTIhWJ ìTrrJ i:í ¡- I ~f-- 1e=- r- 1= '= rmí UUIl~ ~ t\lT1 1111 i 11I111 ~ ~!- ~ ,!- E ~ ~ LLLL\ LlJ1LJ · \0-rrlill'll \~ U ~~ r= = t=~~~~ ~ê~ ~'!= ~ ~ 1= == ¡- 1= H i= ~ ';:= 0 rm ITTlrr: i I ",,",18 S3m "",ru" ~ _! I 1= = VI') f- \--- IT IT I ~ I I.": I ~ \==')= \"--1./ 111111111 \. ~ 1\ ì vè> \ CI-I i~ ~(OC") «0_ (000 ..--NC") 00 () Z"-- 0) ro E ~o.. Q)ro _::J -c: roro "0 -, c: Q) 0) « 1.= -L - - ~. VI VI W ~ " ~ I ~ :nv:>s 01 iON / z- - w ê < < . ~. "0 ~ ~ ~ ~ ~ = i ~ ~ ~ i~ ~ g " ~ 2 ~ :¡ c ~~ 8 ~. ~ <!: N~2 " ~ ~ 15' ~ g " . N ~ N :¡¡ ~~ ~ ~;:¡~ r-- 3~f- ¡¡~§ i ~å ~~ ~~ ~ " ;! ;:¡ a~\f^31n08 ~~r;lO:J lÇ6 °ern >- g f- ;2 Z 0 :J . 0 U L.I W -.J ~'::-OI .~ :- ~ "' . - . ê ~ ~" >')~.... §~ 8 ê È 25ti r 5ê~ . ~ª~ ~j;;!~ ~ 15~1- 9~" gWO i ~ mN/J1noE NV~Ol ~¡;; ~f ¡j~ I~ ~ ;ttj ::: 53 ~. IK) ~! " ê Eli N ~¡.... ~~§ 8 iÄ ~ ;L - 3lV1Sb'3lNI ern:> J,.~Nro:J ..:I"1œ f>000M ~ GL 3lV1S~31N' (I~) ~tßS~ ANV::>sfU '" (1<00) 0 '1'I:U.S NV::HlJd 0> a.. « ~ w I- eI) >- I- :J Ü <I: u. ffi ~ IJ.J U) ..... a:: IJ.J I- <I: ~ ~I ~I U) ~ c.. en z UJ ill a:: (,! ~ <I: ~I ~I a.. « ~ z o I- 4 u o ....J Agenda Item No. 16A5 January 10, 2006 Page 1 of 4 EXECUTIVE SUMMARY - Recommendation to approve for recording the final plat of "Fiddler's Creek Phase 3, Unit Three", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the peñormance security OBJECTIVE: To approve for recording the final plat of "Fiddler's Creek Phase 3, Unit Three", a subdivision of lands located in Section 14, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: "..........' Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Fiddler's Creek Phase 3, Unit Three". 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 "Fiddler's Creek Phase 3, Unit Three" be approved for recording. FISCAL IMPACT: The project cost is $1,361,789.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $565,289.33 - $796,500.00 The Security amount, equal to 110% of the project cost, is $1,497,968.26 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: $42,048.68 ,-. Agenda Item No. 16A5 January 10, 2006 Fees are based on a construction estimate of $1,361,789.33 and were P~g", 2 of 4 September, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1 195.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 4,239.67 c) Drainage, Paving, Grading (.75% const. est.) - $ 5,973.75 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $12,719.01 e) Drainage, Paving, Grading(2.25%const.est.) - $17,921.25 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 "Fiddler's Creek Phase 3, Unit Three" for recording with the following stipulations: 1. Approve the amount of $1,497,968.26 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 Item Number: Item Summary: Meeting Date: Agenda Item No. 16A5 January 10, 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A5 Recommendation to approve for recording the final plat of Fiddlers Creek Phase 3, Unit Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 1110120069:0000 AM Senior Engineer Date Prepared By John Houldsworth Community Development & Environmental ServÎces Engineering Services 121512005 .:59:28 AM Thomas E. Kuck. P.E, CDES Engineering Services Director Date Approved By Community Development & Environmental Services CDES Engineering Services 1215120059:09 AM Appro"'ed By Date Sandra Lea Executive Secretary Community Development & Community Development & Environmental Services Environmental Services Admin, 121512005 9:47 AM Approved By Dat. Constance A, Johnson Community Development & Environme ntal Services Operations Analyst Communíty Development & Environmental Services Admin. 12112120053:09 PM Joseph K. Schmitt Date A pproved By Community Development & Environmental Services Community Dtwelopment & Environmental Services Admínstrator Community Development & Environmental Services Admin. 12/13/200510:05 AM OMB Coordinator Administratíve Assistant Dat. Approved By Coun1y Manager's Office Office of Management & Budget 1211912005 2:50 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 1211912005 4: 18 PM Approved By County Manager Date James V. Mudd B03rd of County Commissioners County Manager's Office 12121120057:28 PM ",..-..... --_.-~._.. ~",..,.._----~' L.()(O..q- «0,,- (000 .....N..q- OÓW Z..... C> E>.ctJ .....0.... wctJ ......::J -c: C'OC'O "OJ c: W C> « ~ w w ~ '-' if> ~ ~ :;: " w '" "' '" ~ ¡;: a.. « L L.&J I- en . ~ o u " w '" U if> 5 8 ¡;: LLI LLI !!§ l- I- ~I ª 31'QS 01 lON / - Z- itl )C;~ ~ enl ¡I u.' " ~ 5- ~d iª o '" " ~ if> o š~~ ~~£ ~ Agenda Item No. 16A6 January 10, 2006 Page 1 of 4 EXECUTIVE SUMMARY - Recommendation to approve for recording the final plat of "Valencia Golf and Country Club Clubhouse" OBJECTIVE: To approve for recording the final plat of "Valencia Golf and Country Club Clubhouse", a subdivision of lands located in Section 24, Township 48 South, Range 27 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 "Valencia Golf and Country Club Clubhouse". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision improvements associated with this plat. Engineering Services Department recommends that the final plat of "Valencia Golf and Country Club Clubhouse" be approved for recording. ,-. FISCAL IMPACT: 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: $1,070.00 plat review fee 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. ".-- ,-",-",.,.,,,.,...,..,, Agenda Item No. 16A6 January 10. 2006 Page 2 of 4 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 "Valencia Golf and Country Club Clubhouse" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ,...- ,,-' ~ Ii ~ z ~ .. 0 '" I-- c[) T N ~~ :> ~ ~ W ~ -11 '-' '-' "3'1\1 l.33blS H.l.IH , jf '/ I ....... ~ ~{ 7; ~ /' ¡:::~ ~\J) '~~ '" "/ NN 3le'e'3 ]l8fQa ~~ e'\: '" Y' ^ "'" L ~IÀ.~ -<' ~ I'üJY '<. II --zJJJJ rTTTI\ ~ Z 0 w- !::~ lY <nO I 0 -' "---- " N ::0 w ~~ I:J 1:5 I" ~ }:¡ ~ ~TI~ ¡ ~ ~ / I IT h-, is ~I/kit!l~ ~ ~,~ -IT ~tF~ ~ @ 7~~ ê! ! Et~èKV1=1 ;8~ Jf!ß9 ~~'~ <.D<.D"," ~õ ('") _ ..J Q) z"- OJ co E ~D.. Q)CO _:J -c: coco -0 -:¡ c: Q) 0> 4: :mOS OJ. J<>. / ___ _ IL 6Z '~'S I-Z °0 w- ..,,~ 00 [g .... '" 0' vi '" I'- -'- /: § ffi g 1.6 .~.~ ~:!>& ó<'" (/'-.5 a.. « ~ IJJ t- en w (/) ::) o ::E: !D ::) d § ...J U >- D:: !z ::) o u ~ ~ o (!) ~ U ~ 4{ > a.. « ~ z o ~ u o ...J Item Number: Item Summary: Meeting Date: Agenda Item No. 16A6 January 10. 2006 Page40f4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation to approve for recording the fmal plat of Valencia Golf and Country Club ClubholJse 1'10-20069:0000 AM Date Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services 1215!2005 6:55:58 AM Date Approved By Thomas E. Kuck., P.E. Community Development & Environmental Services COES Engineerrng Services Director CDES Engineering Services 12!512005 9:10 AM Date Approved By Sa.ndra Lea Community Development & Envíronmental Services Executive Secretary Community Development & Environmental Services Admin. 12/5/200510:19 AM Date Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 12/12/20053:47 PM Date Approved By Joseph K. Schmitt Community Development & Environmen1al Services Community Development & Environmental Services Admi11strator Community Development & Environmental Services Admin. 12/13f2005 10:06 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 12119/2005 2:51 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 12,'19/20054:21 PM Dat. Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 12127/200511:46 AM Agenda Item No. 16A7 January 10, 2006 Page 1 of 3 - EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Briarwood, Unit 5 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 Briarwood, Unit 5 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 January 6, 1998. 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 Briarwood, Unit 5, and release the UPS to the Project Engineer or the ~~ Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department ~·"···"''"'''NO·''"'·'''-._··'''''·~' Item Number: Item Summary: Meeting Date: Agenda Item No. 16A7 January 10, 2.006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A7 Recommendation to approve final acceptance of water and sewer utirlty fací!ities for Briarwaod, Unit 5. 1/101200690000 AM COES Engineering Services Director Date Approved By Thomas E. Kuck. P.E. Community Development & Environmental Services CDES Engineering ServÎces 11114120052:33 PM Pamela Libby Water Operations Manager Date A pproved By Public Utilities Water 111151200510:29 AM Paul Mattausch Water Dírector Date Approved By Public Utilities Water 1111512005 12:10 PM Wastewater Col~ctions Manager Date Approved By Stephen L Nagy Public Utilities WasteWater 11/17120053:45 PM Date Approved By Sandra Lea Executive Secretary Community Development & Community Development & Environmental ServÎces Environmental Services Admin. 121121200511:18 AM Approved By Date Constance A. Johnson Operations Analyst Community Development & Community Development & Envìronmental Services Environmental Services Admin. 12112120062:42 PM G, George Yilmaz Interim WasteWater Director Date Approved By Public Utilities WasteWater 12112/20053:33 PM Roy B. Anderson, P.E. Public Utilìtjes Engineering Director Date Approved By Public Utilities Public Utilities Engineering 12113120059:30 AM Joseph K. Schmitt Date Approved By Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Envíronmental Services Admin. 12/131200510:16 AM OMB Coordínator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 12119/2005 2:37 PM Mark Isackson Budget Analyst Da'" Approved By County Manager's Office Office of Management & Budget 12119/20052:49 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 121211200510:21 AM .. ~..._.,------ I'- (0 (V) «0_ (000 ...-NM 00 Q) Z...-OJ ee E èQ.. Q)ee -~ -c: eeee "OJ c: Q) OJ « MS 15 '-199 n.. « ¿ .S 15 l¡89 0- W "" I- ::J I.LI - t!) CI) t!) MS 15 ~'10L ~v>'" ~ ~ ~: "", g~:> Œ:l9'^31nOe "''b, ;¡;~ .. ~ ~ ::¡ , ~ ~ ~ ~ > I- ::; Ü < u. Ct:: I.LI ~ W / - z- <L ~ I II) I- Z ::J Q o o ~ Ct:: < æ II) LU ~ (!)ç Ñ m Ü~ 9 ~~ o ¡;:~ (!) ~~ , ~~~ ~ 0.- ~ - ~ ~~ I- Z 0 0 W --:> ~ 0 0 ::! a: c 0 < a.. 0 --' ~ 0 ~ n.. « ¿: ê ~ '" OM'll'^310 9 " 91-31V1SI::I31NI ~ :;: z o I- « U o ....J OVOI::I N01SÐNINl < N :'1 0" f' 11.11) OW r;:¡ _CI: uZ t_ê 3~i5 0,0 ~g~ .~~~ ~ ~~ { Agenda Item No. 16A8 January 10, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Lalique at the Vineyards 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 Lalique at the Vineyards 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 April 1, 1997. 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), 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 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 Lalique at the Vineyards, and release the UPS to the Project Engineer or the Developer's designated agent. .-. PREPARED BY: Tonia Leavitt, Engineering Technician Item Number: Item Summary: Meeting Date: Agenda Item No. 16AB January 10, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1 GAS Recommendation to approve final acceptance of water utihty facilities for Lalique at the Vineyards. 1110/20069:00:00 AM ceES Engineering Services Direc10r Date Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services 11/14/20053;45 PM Pamela Ubby Water Operations Manager Date Approved By Public Utilities Water 11/15/200510:31 AM Paul Matlausch Water Director Date Approved By Public: Utilities Water 11/15/200512:16 PM Wastewater Collections Manager Date Approved By Stephen L Nagy Public Utilities WasteWater 11/17/20053:46 PM Date Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Envìronmental Services Admin. 121121200511:22 AM G. George Yìlmaz Interim WasteWater Director Date Approved By Public Utilities WasteWater 1211212005 3:34 PM Approved By Dote Constance A. Johnson Operations Analyst Community Development & Communily Development & Environmental Services Environmental Services Admin, 12112120053:43 PM Roy B. Anderson. P .E. Public Utilities Engineering Director Date Approved By Public Utilities Public UtîlítÎes Engineering 12/13120059:23 AM Date Approved By Joseph K. Schmitt Community Development & Environmental SelVìces Community Development & Environmental Services Admìnstrator Community Development & Envíronmenlal Services Admin. 12113/200610:17 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 12119/20062:39 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Managemenl & Budget 12119120053:06 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Offic~ 12/21/200610:41 AM co CD C') «0_ CDOO ..-NC') 00 Q.) Z"- OJ E ~~ Q.)C'C ......::J -c C'CC'C "OJ C Q.) OJ « wc.D ü(J) ü::J IJJ l- e/) '" ~ " \ Ë z \ 5 \ ! \ \ w I- ~ u " , a.. <t ¿: en " '" ~ > z 5 ! C;;L - ]l"lS~]1NI > !:: ...J U <I: u. e::: UJ I- <I: ~ J1Y:)S 01 iON / - z- ;>: UJ Z :;;: UJ :I: l- I- <I: ~I . ~ wN ..,~... 0' z" ; ~ ~ ;... 0, ~" g ~ t ~ ." ~ w ~ê ~ I- ~ ~... ZZ <. «: 0' ~~ 0 ;:: z" ~ 9 ç 8 Ü 0 " Z ~ W ~~;!; " ê a g --' - 3;! t:: ~ 0 ~~~ z 0 N '" 0 5 a.. <t ¿: ;; ;)C)OJII.1Jl:mY1 o~r ~ ~~~ò ~~ <:I wo uf!¡ N ~~ , ¡j ! ~ ~ . I- Z ~~~ Ü 0 . ~ H_ ill ~ê:::: ~S~ ...., ~ . ~~. 0 a: Ü gW" 0.. 0 --' GHVh31nOa N'9'OOl ~~ 00 , ~ l t . ê~ ~ ' ~ ~ ;~ 0< N ~ .~ 3" "' ~ ~ >~ II \ O'fOM N01SÐNJi\ll ð~ -'u ~~~ ~~ <~ ~ 0. N ~.e. $ . ~. eN ':;~ ~ o^,a 'nI'fS:'i9 '9'.1N.....S 5w P - ;¡ c . o '" w w ¡g . ~ ~ <:;;,<0 ~. ~~~ 3" ~ ~ ~~ ~!~ g ~ 5~ ~~~ ~ñ ~~ž r z o I- <t u o ...J ã= NO.J.~NIHmH 8nl:) AtllN{"'úJ .,= S():)(,W, SSJljdÁ~ ~§ ~~ ø~S'l"'1~,1!: ~ t5 ð ~ ~~~ ~ 5 (\C-"1:I::I) ~ O'fO"1:! 9Nlllnd-lI:lOd1:H'f ~~~ ~g:~ Agenda Item No. 16A9 January 10, 2006 Page 1 of 4 EXECUTIVE SUMMARY -- Recommendation to approve for recording the final plat of "Orange Blossom Ranch Phase 1 B", 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 "Orange Blossom Ranch Phase 1B", a subdivision of lands located in Section 19, Township 48 South, Range 27 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 "Orange Blossom Ranch Phase 1 B", 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 "Orange Blossom Ranch Phase 1 B" be approved for recording. FISCAL IMPACT: The project cost is $2,925,892.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $1,027,030.00 - $1,898,862.67 The Security amount, equal to 110% of the project cost, is $3,218,481.94 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: $58,325.88 ,.,.,...._....,.'-' - ,-- ,-- Agenda Item No. 16A9 January 10, 2006 Fees ~re based on a construction estimate of $1 ,898,862.67 (does not in~€We2 of 4 Orange Tree Utility facilities) and were paid in April, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,360.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ -D- c) Drainage, Paving, Grading (.75% const. est.) - $14,241.47 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ -D- e) Drainage, Paving, Grading(2.25%const.est.) - $42,724.41 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 "Orange Blossom Ranch Phase 1 B" for recording with the following stipulations: 1. Approve the amount of $3,218,481.94 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 Item Number: Item Summary: Meeting Date: Agenda Item No. 16A9 January 10, 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A9 Recommendation to approve for recording the final plat of Orange Blossom Ranch Phase 1 ß, approval of the standard form Conslructíon and Maintenance Agreement and approval of the amount of the performance security 1110120069:0000 AM Senior Engineer Date Prepared By John Houldsworth Community Development & Environmental Services Engineering Services 12112/20057:21;37 AM Approved By CDES Engineering Services Director Date Thomas E. Kuck, P.E. Community Development & Environmental ServÎces CDES Engineering Services 12112/20058:21 AM Sandra Lea Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 12/12/200510:30 AM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Communi1y Development & Environmental Services Admin. 12112/20053:18 PM Approved By Date Joseph K.. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 12/131200510:07 AM OMS Coordinator Administrative Assistant Dat. Approved By County Manager's Office Office of Management & Budget 12/19120053:02 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 12/19120064:34 PM Approved By County Manager Date James V. Mudd Board of County Commissioners County Manager's Office 12/21/200610:32 AM ,.>,--"",-~.,~~.,., O"JtO~ <:0..... tOOO .,-N~ COW Z"- OJ E ~~ wC1J .....:::J -c: C1JC1J -0, c: W OJ <: ¡: >- B Z u g ~ IE ~ ::¡ " 8 1>'''''" ~ ~ œ ~ a.. ~ iE ~ !i « d " ¿: is Ii! Œ! ~ I~ ! w '" ~ ,.: I-- g - '" (/) w ~ ¡r¡ / ~ " ~ '<t () ::) CII CD ::) ~ z wº t:~ (fJO o -' w CI (! w CI CI """" i;j ~ ~ o ~SOllDN / -.._ - ~ ~ ~ § § '" .¡- <X> ri Ü 61: trS .. <X>. ",' u; "' ì . I >- ¡: ~ § U ffi I!J ~ SL- ,,00 ¡:~ "2 w.d\CO GU\f Cii !9 UJ CI) æ o ~ I:t: ~ ~' o ...J ŒI UJ ~ Z ~ :š a.. « L z o - I-- « U o ....J Agenda Item No. 16A 10 January 10, 2006 Page 1 of 3 .--- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Huntington Lakes Unit 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 Huntington Lakes Unit 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 November 7, 1995. 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 Huntington Lakes Unit One, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department ",.¡"...."q,-,..,.,,,.~..."-,.,. Item Number: Item Summary: Meeting Date: Agenda Item No. 16A10 January 10, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A10 Recommendation to approve frnal acceptance of water and sewer utility facilities for Huntington Lakes Unít One. 1/10/2006 9:00:00 AM CDES Engineering Services Director Date Approved By Thomas E. Kuck. P.E. Community Development & Environmental Services CDES Engineering ServÎces 11/14120053:46 PM Pamela Libby Water Operations Manager Date Approved By Public Utilities Water 11/15/200510:31 AM Paul Mattausch Water Director Date Approved By Public Utìlìties Water 11/15/200512:15 PM Approved By Stephen L. Nagy Wastewater Collections Manager Date Public Utilities WasteWater 11/17120053:46 PM Sandra Lea Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 12112/Z00511:Z3 AM Approved By Date: Constance A. Johnson Operations Analyst Community Development & Community Development & Environmental Services Environmental Services Admin. 12/121Z005 Z:41 PM G. George Yilmaz Interim WasteWater Director Date Approved By Public UtiUties WasteWater 12I12/Z005 3:34 PM Roy B. Anderson, P.E. Publíc Utilities Engineering Director Date A pproved By Public Utilities Public Utilities Engineering 1Z/13/2005 9:24 AM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Admlnstrator Community Development & Environmental Services Admin. 1 ZI13/2005 10:54 AM OMB Coordinator Administrative Assistant Date Approved By county Manager's Office Office of Management & Budget 12119{2Q05 2:40 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 12119120053:11 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Offit.9 1 ZlZ1i20051 :13 PM '. .."",.._-~"-""-~'-<' OCDM :;(0...... CD~O "'""" M ,Ò Q) 0"'""" OJ Z >,m ErnCl. Q):J _c ~ro -0' c Q) OJ « ~(] ~Oo!i--' " ìl~no ·~I:) S]~'(1 NO.iÐNIlNnI-, )/111:10 ])f()-:::HJ8HHION .. ~ ° '" ü => ~ d ° ~ ~ ; :;: ð we> ~ ~ ~ " ~ ~ g~cn >- f- Z ~t;; B~ u ~ o u ~~~ ~t)j~ 2~~ ou ~ô ", ~ j W 2 Z gO ü~ ~ ~ 5? .., N .., "- w 6 I 'i 31V:JS 01 ION / - z- .~ ~! ;:; < ~ . ~~ ~ ~ i ,0 ª . . ~~~ ~§~ . ~~~ ~~~ 8'"'::> i~ o o~ ~~ ~ SL - 3.lV~S~3~NI ~ ª~ ~ Agenda Item No. 16A 11 January 10, 2006 Page 1 of 3 ".-- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Coventry Square 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 Coventry Square 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 6, 1994. 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), 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 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 Coventry Square, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department r- \ \ I, \ '" <i ...-c.DC') ~~ ~õ wOO w N <in:: æ N '" " ,...J Q) w N aU f- ::> 0"'- OJ wZ f- ::> Z>-CO V1W u ....-=- <[U <i ~o.. Iü æ ECO ~~ f- Z Q)::J wo- er ..--- 0 .....c >0- W W -CO (}2a :J I:::~ I --I CO. V1 0 000 -0 u 0 C -' Q) OJ « (¡t "Son) ~ "\ 17" c¡ \ I <i N <i --I I 0- f- er 0 Z W W æ ~ => <i Z a w \ > V1 <[ I eo f- ~ Z ;:: ~ ¡:¡ c¡ f- U <i æ f- er w :3 0 u ~ I I I~ ,- " ,; liVINGSTON ROAD O'r'O~ NWSONINl >- f- Z ::> o u ~ § = ¡"MIAMI TRAIl. §íi. ~§d w~ ~~ ~ H~ ~§d § I I ~~ llV~l IrlVIVWl 1\ [II TIn II1I I ~ f- '" '" 0 0 Z Z W w ::> => Z Z W W > > <i <i I ¡;: f- a '" ;:: s 133~lS (I~a) H~:J113d ~~¡ ~ .> . ~~~ ~~~ (LC·tf:)) a'lfOkl ÐNnlrìd"lJ:IOd!:lIY ~~~ ~ .> GULF --.. ------- V1 W 0- 0- o I V1 <i '" <i Z <i er '" ~~II¡11111 o CTE >\C ~ I----- ¡;: I--- I--- ~ I-- :s I--- \-- :s f----- zl--- _ zf-- ~_ .--~f-- i3 _ f----- i3 f-- ;;_ -;;f-- ¡;: _ .-- ~f-- ¡g _ I-- bf-- ~ - I--- ~I-- ~~ t:=i=j I I H1H813 I I I 31'1'::>S 01 !ON / Z- - ~C' i~ ~~ 015 ~ î and 0....011 1J.J.:I1QOQO ]b':}'t' 00£ O!:i'r'^31nOe )N\f~H ~¡ ~ ð>-c- ~IÐ~... OF MEXICO a.. « ¿ UJ I- - en UJ ~ 4 => d U) >- a:: t- Z UJ > o u a.. « ¿ z o - ~ U o ...J Agenda Item No. 16A11 January 10. 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A11 Item Summary: Meeting Date: Recommendation to approve final acceptance of water utility facilities for Coventry Square. 1/10/20069:00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Oírector Date Community Devl?lopment & Environmental Services CDES Engineering Services 11/14{2005 3:47 PM Approved By Pamela Ubby Water Operations Manager Date Public Utilities Water 11/15/2005 1D:34. AM Approved By Paul Mattausch Water Director Dat. Public Utilìties Water 11/15/200512:14 PM Approved By Sandra Lea E.:ecutive Secretary Community Development & Community Development & Environmental Services En\lironmental Services Admin. Date 1V1212005 11:27 AM Approved By Constance- A. Johnson Operations Analyst Community Development & Community De-velopme-nt & Environmental Services Environmental Services Admin. Date 12/1212005 2;51 PM Approved By Roy B. Anderson, P.E. Public Ulilities Engineering Director Date Public Utilities Public Utilities Engineering 1 V13¡2005 9;27 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Envíronmental Services Communi1y Development & Environmental Services Admin, 12/13/200511:08 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/1912005 2:41 PM Approved By Mark Isac kson Budget Analyst Date County Manager's Office Office of Management & Budget 12/19/20053:28 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12127/20051:14 PM Agenda Item No. 16A 12 January 10, 2006 Page 1 of 3 ,~ EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Camelot Park at the Vineyards 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 Camelot Park at the Vineyards 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 January 27, 1997. 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 Camelot Park at the Vineyards, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department . ,.,-><-"..._,.,~"-.-- Item Number: Item Summary: Meeting Date: Agenda Item No. 16A12 January 10, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A12 Recommendation to approve final acceptance of water and sewer utilíty facHìties far Camelot Park at the Vineyards. 1110/20069:0000 AM CDES Engineering Services Director Date Approved By Thomas E. K\Jck, P.E. Community Development & Emrironmental Services CCES Engineering Services 11/14/20053:48 PM Pamela Ubby Water Operations Manager Date Approved By Public Utilities Water 11/15/2005 10:34 AM Paul Mattausch Water Director Date Approved By Public Utilities Water 11/15/2005 12:14 PM Wastewater Collections Manager Date Approved By Stephen L Nagy Public Utilities WasteWater 11/17120053:41 PM Approved By Date Sandra Lea Executive Secretary Community Development & Community Development & Environmental Services Environmental Services Admin_ 12/1212005 11 :27 AM G. George Yilmaz Interim WasteWater Director Date Approved By Public Utilities WasteWater 12112120053:35 PM Constance A. Johnson Date A p proved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 12112120053:51 PM Roy B. Anderson, P.E. Public Utilities Engineering Director Date Approved By Public Utilities Public Utilities Engineering 12113120059:28 AM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 12113/2008 11 :0& AM Approved By Administrative Assistant Date OMS Coordinator County Manager's Office Office of Management & Budget 12119120052:42 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 12119/20053:33 PM Approved By County Manager Date James V. Mudd Board of County Commissioners County Manager's Offle-a 1212112005 1 :29 PM N c.o cry ......0"- -<00 c.oNcry ......Óa.> 0...... OJ Z>.CU ~o... EC'ü a.>::J ......c: -cu CU, "0 ,- Qj OJ -< -0 0- ::> il Cí)' « w >- I-- :::::; ¡:: ::J I o < o ~ Q.. « L ... '" '" I.LJ I- CJ) 31~:;'S 01 lON / - -.- ~I >= W ::I: I-- I-- «, ><: 0:: « a.. I-- o ...J ~I ~ ~ " W WN :? ~ ~ f- " ..,~o- « ~. ~" ~ CJ ," ~ ~ ç U 0 ~ t¡ Z < z ;",. > 0 0 " W W ~~~ 0 ~ ~ ~ = Q ~~ -, f- " ! ~ ~ -" 0 « ~ , <~ 0 ~§~ , O- cr: u ~5~ " <i i CJN D- O ~ ~ -" z 5 " a~V^31n08 NYOOl Q.. « ¿: 0 < Ow 0 " @~ w ., § ~ w. ¡¡ 0 ~ ~~ . '" i <- 0 ~ NO~f)NIINn¡.¡ Q^lB nI'f'8~'V8 'f'lNVS " 3' '~ ::J ~~~ ~~ L ~~~ ~'g N ~ ~ "'ì 0 5 ~ g I ~< I ~2 11 ~!~ z o - I- « U o -.J ~ ;l-3.1't.lS!::!3.lNl " ",",E.\'lS,"'1~ ~ ~ . ;¡¡t; i~ ~ ~ , ~ ;-¡~ 05 avot:J N01SÐNINl ~~î ~ " ~ . U I o. ~8 5 <. t..e. > ;:; b:w< .<" UwW (It ,1"::» Q'VOtf ÐNn,n.r lUOdtíf't' wo "w <> ~ ~ ~ Sti~Jij!J'.M ~~~ he Agenda Item No. 16A13 January 10, 2006 Page 1 of 3 -- EXECUTIVE SUMMARY Recommendation to approve final acceptance of sewer utility facilities for Sanctuary Pointe at Sterling Oaks OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the sewer facilities. CONSIDERATIONS: 1) The Developer of Sanctuary Pointe at Sterling Oaks, has constructed the 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 29, 2000. 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. r-- 4) The 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 sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project will be connected to the Regional Wastewater Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the sewer facilities for Sanctuary Pointe at Sterling Oaks, and release the UPS to the Project Engineer or the r- Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16A13 January 10. 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A13 Recomme:ndatJon to approve final acceptance of sewer utility facilities for SanctualY Pointe at Sterling Oaks. 1.110/20069:00:00 AM CDES Engineering Services Director Da" Approved By Thomas E. Kuck, P .E. Community Development & Environmental Services COES Enginearing Servìce¡; 11/16/20058:11 AM Approved By Stephen L. Nagy Wastewater Collections Manager Dat. WasteWater 11tH/200S 3:42 PM Approved By Dat. Public Utìlìties Sandra. Lea community Development & Environmental Services Executive Secretary Community Developmen1 & Environmental Services Admin. 12112/200511:33 AM Approved B}' Date Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 12/1212005 2:59 PM A P proved By Interim WasteWater Director Date G. George Yilmaz Wa!òteWater 12:J1 Z/2005 3;37 PM Approved By Public Utilities Engineering Oirector DAte Public Utilities Roy B. Anderson, P .E. Public Utilities El1gineering 1 V13!200S 9:32 AM Approved By Da" Public Utilities Joseph K. Schmitt Community Development & Environmental Services Community Development & Ërwironmental Services Admínstrator Community Development & Environmental Services Admin. 12/131200511:10 AM Approved By Administrative Assistant Date OMS Coordinator Office of Management & Budget 12f19í2005 2:43 PM Approved By Budget Analyst Date County Manager's OffÎce Mark Isackson County Managl:lr's Office Office of Management & Budget 1V1912005 4:06 PM James V. Mudd County Manager Dale Approved By Board of County Commissioners County Manager's. Office 12/211200510:13 AM ,...- .~._.----"""." -..."...---.. C'0 c.D M :;:0_ c.D~O ..,- M .0 Q) 0"- OJ Z :>, ro ECüD.. Q)::J _c -;;;ro -0-' c Q) OJ « lLJ r- CI) "" N :s CL V1 W '" "" ~I (!), 31 f!íl ~ J1V:)S 01 lOr. / - ~ 0'101::1 NOJ.S9Nll\ll (II:IO) H5.(l'l'I NV,nJd ~ ~ o Q < Q ~ " ~ il ~g ~ r....t.l1þ.M.f;AAIL (U.5.41) z i~~· GULF OF MEXICO Agenda Item No. 16A14 January 10,2006 Page 1 of 3 EXECUTIVE SUMMARY .-' Recommendation to approve final acceptance of water and sewer utility facilities for Tiburon Golf Club Clubhouse 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 Tiburon Golf Club Clubhouse, 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 November 1, 2000. 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), in the form of Performance Bond No. 015- 010-228 in the amount of $2,951.85, 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/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 Tiburon Golf Club Clubhouse, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16A 14 January 10. 2006 Page 2013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A14 Recommendation to approve final acceptance of water and sewer utihty facilities tor T'lburon Golf Club Clllbhouse 1!10/2006 9.0000 AM CDES Engineering Services Director Date Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services: COES Engineering Services 11/15fZ005 8:28 AM Approved By Water Ope,rations Manager Date Pamela Ubby Water 11/15f200S 10:34 AM Approved By Water Director Dat. Public Utilities Paul Mattausch Water 11/15/2005 12:13 PM PUblic Utilities Wastewater Collections Manager Dat. Approved By Stephen L Nagy WasteWater 11/17120053:42 PM Approved By Date Pubtic UtUities Sandra Lea Executive SecreUuy community Development & Communìty Development & Environmental Servíces Environmental Services: Admin. 12/12/200511:32 AM Approved By Date ConstóJOce A. Johnson Operations Analyst community Development & communny Development & Environmental Services Environmental Services Admin. 12/1212Q05 2:55 PM Approved By Interim WasteWat&r Director Date G. George Yilmaz WasteWater 12112120053:35 PM Approved By Public Utìlities Engine-enng Director Date Public Utilities Roy B. Anderson, P.E. Public Utilities Engíneering 12113/20059:31 AM Approved By Date Public Ulìlìties Joseph K. Schmitt Community Development & Environmental Services communìty Development & E.nvironmental Services Adrnínstrator Community Development & Environmental Services Admìn. 121131200511:13 AM Approved By Administrative Assí!:;tant Dat. OMS Coordinator Offïce 01' Manatwment & Budget 12119/2005 2:43 PM Approved By Budget Analyst Date County Manager's Office Mark Isackson Offíce of Management & Bt,dget 12119120053:59 PM Approved By County Manager Date County M~nager's Office Jame'S V. Mudd Board of County CommissionlHs county Manager's Office 1Z/21f20051:32 PM ,,.....~..,---_." ~c.or') "'-0_ «00 c.oNr') """:Ó(J) 0"'- 0') Z >.ctI .....0. Ecu (J):::J _c: -CO ctI"J U ,- ã> 0') « ~~ a.. « ]/\lèW NO~n8U a L ~ ~ ~ en IJ..J 0 0: * « f- >- w Z - ~ '5 en I (J1 Q « '" z « u ::J -" c.. z o ~~ roo o -' ~ ~ <D Ü ~ :5 / ~~~/ ~ ~~ I C1 Q « '" z « u ::J w CL I I II . I I 31\':>501l0N / E- - 'f: q ~~K~ :; . ~~~ 0: ~~~ Otl\,,^31noe NVOOl <.:> . 0 ~~~= ~ ~ß~ ~ OI::Ivf'l31n09 5: ~) : ~",N 0\ ~~: ~~~ ø " ~ I"': ã~ ~ \;¡;c:: e. ~ \~ ~ ~ 0 ¡I ,;,1 I'I! ~ = - I; NOlONIH.nH g Z 0 ~ i 8 " " ~ 2 ~:::¡ ! ~ . jž ;;:j ~=' '" :; < ::::~ ! <f} L ~~cP ~!~ ~ ~ zo ~~¡ 8<' ~ ~ffi ,,> 3~ , cn" ~"O" .l2.l]l~bll;:¡1' 00f 1~9 6':;) 0 I :^31.106 )4N~.; ~g .. ILl'" 0111 )0'" !::C uz 1-' ail ~I ~I ¡::; :;) ~~ ~~ ~ æ! 31 u, CD· :;) ..J U IL. ..J o c::> z o œ :;) CD ¡:: ~ ~ a.. « L ð&, >' ¡c z o f- « U o --I Agenda Item No. 16A 15 January 10, 2006 Page 1 of 3 ".-.. EXECUTIVE SUMMARY Recommendation to approve final acceptance of sewer utility facilities for Grey Oaks, Unit 15 OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Sewer facilities. CONSIDERATIONS: 1) The Developer of Grey Oaks, Unit 15, has constructed the 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 3/27/01. 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 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 sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project will be connected to the Regional Wastewater Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the sewer facilities for Grey Oaks, Unit 15, and release the UPS to the Project Engineer or the Developer's designated agent. Prepared BY: Tonia Leavitt, Engineering Services Department ,.,-- Agenda Item No. 16A 15 January 10. 2006 Page 2 013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: ·IM15 Recommendation to approve flna! acceptance of sewer utility facilities for Grey Oaks, Unit 15 1110120069:00:00 AM Approved By Thomas E. Kuck. P.E. Community Development & Environmental Servíc.es COES Engineering Services Director Date CDES Engineering ServÎces 11114{2005 3:47 PM Approved By Stephen L Nagy Wastewater Collec.tions Manager Dat. Public Utilìties WasteWater 11/17/20053:47 PM Approved By Sandra Lea Executive Secretary Community Development & Community Development & Environmenta! Servìceß EnvirQnmental Services Admin. Dat& 121121200511:26 AM Approved By G. George YHmaz Interim WasteWater Dir&ctor Date Public Utilities W{tsteWater 12/12120053:35 PM Approved By Constance Ä. Johnson Operations Analyst community Development & Community Development & Environmental Services Environmental Services Admin. Date 12112120053:44 pM Approved By Roy B. Anderson, P.E. Public Utílitìes Engineering Director Date Publir: Utilities Public UtilÎ1ies Engineering 12/14/20051:46 PM Approved By Joseph K. Schmitt community Development &. Environmental Services Adminstralor Date Community D€vl!'loprnent & Ënvironmental Services Community Development & Environmental Services Admin. 12.114r2005 4:56 PM Approved By OMS Coordinator Administrative Assistant Date Cmmty Manager's Office Office of Management 8. Budget 12119120052:41 PM Approved By Mark ISilckson Budget Analyst Da\e County Manager's Office Office of Management & Budget 12119/20053:24 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12121120051:21 PM J.{J c.o ("") "-0_ «00 çoN("") ..- - 0(1) 0"- 0) Z>.ro ....0.. Ero (I):::J _c:: -ro ro"""""> -0 c:: (I) 0) « ~, \ m, ì ~ \ . ~ I I ô! " / I ~/ 'If ~, /1 I I I a.. « ¿: I: , ~ ~8 llJ I- - en '>"'0 a'tot! 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II) I~O LU , ·I~ ... ~ ~ ~ ->.. ;:¡ N 5 ~,.. ëi ~ - : ~(j z ig slr..:¡¡](]1w. ~ ~i<! .. ~ -=== 1~"s-n~ 11\f~1 '"'9'II1"'l' Agenda Item No. 16A 16 January 10, 2006 Page 1 of 3 EXECUTIVE SUMMARY -- Recommendation to approve final acceptance of sewer utility facilities for Isla Vista at Grey Oaks OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Sewer facilities. CONSIDERATIONS: 1) The Developer of Isla Vista at Grey Oaks, has constructed the 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 19, 2001. 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 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 sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project will be connected to the Regional Wastewater Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the sewer facilities for Isla Vista at Grey Oaks, and release the UPS to the Project Engineer or the Developer's designated agent. ~ PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda 11em No. 16A16 January 10, 2006 Page 2013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16A16 Recommendation 10 approve fina1 acceptance of sewer utility facilities for Isla Vista at Grey Oaks, 1/10/2006900:00 AM Item Number: Item Summary: Approved By Thomas E. Kuck, P.E.. CDES Engineering Services Director Date Community Development & Environmental Services COES Engineering Services 11/14120053:45 PM Approved By Stephen L Nagy WlI'!Itewater collections Manager Date Publìc Utilities WasteWater 11117120053:4. PM A pproved By Sandra Lea Executive Secretary Community Development & CommunIty Development & Environmental Services Environmental Services Admín. Date 12112.(200511:20 AM Approved By Constance A. Johnson Operations Analyst CDmmuni1y Development & community Qeveloplnent & Environmental Services Environmental Services Admin, Date 12/12/20052:44 PM Approved By G. George YHmaz: Interim WasteWater Director Date Public. Utilities WMteWater 12/12:/20053;33 ÞM Approved By RoV B. Anderson, P .E. Public Utilities EngirlßEring Oirector D~1e Public: Utilities Public Utilities Engineering 12/13/2005 3:55 PM Approved By Community Development & EnvironmentalSefVices Community Development &. Environmental Service!> Adminstrator Community Development & Environmental Services Admin. Date Joseph K. Schmitt 12/15/200512:59 PM Approved By OMS Coordinator AdmlrtistraÜve Assistant Date County Managers Office Office of Man~gement & Budget 12119/2005 2:38 PM Approved By Mark Isackson Budget An..1lyst Date COlmty Manager's Office Office of Management &. Budget 12/19/20053:00 PM Approved By Jalnes V. Mudd Boa,d of County Commissioners County Manager Date County Manager's Office 12/211200510:37 AM ~ ,--,~"'''''--''''<-''" (!) c.o M ~O'+- (!)~O ~ M .O-IJ) O~ OJ Z »CU ECüo... IJ)::J _c: -;:;;co -0--:> ¡:: IJ) :t ~ ~ < o 8' ~I I ! \ 3-.v:J£. Ol JON / - ~ ~ .~ ~Æ (D , $[ ~ ~ ~ ~ '" ~' J~~~- W ~~¡ ~ ~ º ~ ~ ~ §F ~fL8 avo~ ~a 'uNnO:) - -f" ~ð~ "7 ;:ß~!i ; ~-- Agenda Item No. 16A 17 January 10, 2006 Page 1 of 21 -" EXECUTIVE SUMMARY CARNY-05-AR-8426, Vonda Welky, Fair Manager, Collier County Fair and Exposition, requesting a permit to conduct the annual Collier County Fair on February 3 through February 12, 2006, at the Collier County Fair Grounds located on SR- 846, North Golden Gate. OBJECTIVE: Vonda Welky, Fair Manager, Collier County Fair and Exposition, requesting that the Board of County Commissioners approve a permit to conduct the annual Collier County Fair on February 3 through February 12,2006, at the Collier County Fair Grounds, located on SR-846, North Golden Gate. The applicant is also requesting waivers of the occupational license and surety bond. ,,- CONSIDERATIONS: Vonda Welky, Fair Manager, Collier County Fair and Exposition, has made application to the Board of County Commissioners for a pem1it to conduct their annual carnival and has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit other than the waivers of the occupational license and surety bond. Staff does not take issue with the request for waivers of the occupational license and surety bond, as there have been no previous problems related to clean up of the site after the annual Collier County Fair. The required insurance amount of $1,000,000.00 has been purchased and the Board of County Commissioners named as additional insured. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based and has determined that it meets that criteria, specifically Article II Sections 10-26 through 10-50 of the Collier County Administrative Code. These sections refer to the application process, duties of sponsors and owners, waiver of requirements, and approval of permits. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT PLAN IMPACT: There is no Growth Management Plan Impact. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the permit to conduct the annual Collier County Fair and waive the occupational license and surety bond. PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning and Land Development Review r-- 1 Item Number: Item Summary: Meeting Date: Agenda Item No. 16M? January 10, 2006 P8ge 2 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M17 CARNY -05-AR-8426, Vooda Welky Fair Manager, Collier County Fair and Exposition reqlJesting a permIt 10 conduct the annual CoHier County Fair on February 3 through February 12, 2006. allhe Collier Coun1y Fair Groundslocaled on SR~ 846, North Golden Gate, 1/10/2006 9 00'00 AM Planning Tech Da" Prepared By Cecilia Martin Commul1ity Development & Environmental Services Zoning & Land Development Review 12/9/200610:17:04I\M Approved By Date Sandra Lea Executive ßecretary Community Oi!velopment & Community Development & Environmental Services Environmental Services Admin. 12/12/200510:26 AM Constance A. Johnson Date Approved By Community Development & Environme:nUtl Services Operations Aoatyst Communïty Development & Environmental Services Admin. 12/12/2005.3:20 PM Approved By Zoning & Land Development Director Date Susan Murray. AICP Community Development & Enviromnental Services Zoning & Land Developrrnmt Review 12/16/200510:40 AM Appro"ed By Do" Joseph K. Schmitt Community Development 8. Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 121171200511:58 AM Approved By Administrative Assistant Date OMS Coordina1or County Manager's Office Office of Management 8. Budget 12/19/2005 2:56 PM Mart< Isackson Budget Analyst Da.e Approved By County Manager's Office Offic.e of Management & Budget 12119/2005 4:2& PM James V. Mudd County Manager Date Approved By Board of Counly Commissioners County Manager's Office 12120120057:45 PM Agenda Item No. 16A 17 January 10, 2006 Page 3 of 21 CAR~IY -05-AR-8426 Coler County Fair September 28, 2005 Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34103 Attention: Ms. Susan Murray Re: Request for County Fair Permit Dear Ms. Murray, In accordance with the provisions of Collier County Ordinance No. 75-11, we respectfully submit the following infonnation and exhibits witnessing to our compliance to those requirements and our evidence of such, in the form of a petition to obtain the subject permit. A 1. Logo 2. Sketch of site showing basic location of activities 3. Board of Directors 4. Evidence of public liability insurance 5. Activity desaiption 6. Letter confirming refuse service 7. Letter for private john use 8. Letter confirming security from Sheriff 9. letter confirming emergency services 10. letter confirming fire safety 11. land Lease authorizing use of property located on Highway 846, North Golden Gate 12. State Permit 13. Tax Exempt sheet 1 Agenda Item No. 16A 17 January 10, 2006 Page 4 of 21 B. Waiver of Requirements We are requesting the Board of Collier County Commissioners to waive the following requirements of Ordinance No. 75-11 as you have in the past, because of the Fair Association falls under the classification of a non-profit organization. 1. Section 1 item 3.a, Surety Bond 2. Section 1 item 3.d, Occupational License In review of the request, should any questions arise, please do not hesitate to contad me at 455-1444. Sincerely, Venda Welky Fair Manager JK:aw Enclosures 2 Agenda Item No. 16A 17 January 10, 2006 Page 5 of 21 Officiar Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 607108 Date 10/3/200510:50:51 AM Post Date 10/3/2005 Nbr Appl Name: COLLIER COUNTY AGRICULTURAL FAIR AND EXP INC Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 751 39TH AVE NE NAPLES FL 34120 proj Name: COLLIER COUNTY FAIR Type: TAZ: 191 Subdiv Nbr: 100 Project Nbr: 2003120045 Payor: COLLIER COUNTY AGRICULTURAL FAIR Fee Information GL Account 13113832634122000000 Total Amount Waived $275.00 $275.00 Payments Pa ent Code CHECK AccounUCheck Number 8773 Total Cash Total Non-Cash Amount $275.00 $0.00 ¡ $275.00 $275.00 I Total Paid Memo: Cashierllocation: HILLCAROL / 1 User: WILLOUGHBY_C ~--- CARNY -05-AR-8426 Collier County Fair Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:10/3/200510:51:23 AM ----_.~- -.. NOTE: Please read reverse side before completiDll this Petition. Agenda Item No. 16A 17 January 10, 2006 Page 6 of 21 CARNY -05-AR-8426 Collier County Fair ., (i) CARNIV AL OPERATION PETITION PETITIONNO.~ DATE: q-c2..g"OS' PETmONER'S NAME:~;~"" i~~ ~i F~¡\t:~~ONE:J3~~ '15$- ,eN4 PETITIONER'SADDRESS:ï~1 ___ t\~ð fl .31- ~D PETITIONER"S E-MAIL ADDRESS: c..oo..t\'9-~'("@ ð1.(tbh..tI\1AX#~101 PROPERTY OWNER'S NAME: TELEPHONE: PROPERTY OWNER'S ADDRESS: OWNERS'S E-MAIL ADDRESS: FAX# LEGAL DESCRITPION OF SUBJECT PROPERTY:~ eQ.s.c. 5~~ €k'hlbi±..A GENERALLOCATION:~wa~ gt.f~ (;.o\der'\ (;.-Ak. CURRENT ZONING: NATURE OF PETITION:.11nn u.a..l (OtLrto/Ø--i(" £l¡ i D.#- oo:J.UJ21 ODO 9 THE FOLLOWING INFORMATION IS INCLUDED IN Tms PETITION. (FOR EXPLANATION, SEE NEXT PAGE.) 3,a.+ 3,b. 3.e. x.. 3.d. X 3.e.!) 3.e.2) 3.e.3) )( 'J.. Y.. 3.e.4) 3.e.S) 3.e.6) x X X 3.e.7) 3.e.8) 3.e.9) x '/.. X Comments: SIGNATURE OF PETITIONER DATE REVIEWED by Board of County Commissioners: Approved: 0 Disapproved: 0 Conditions of Approval: SIGNATURE OF COUNTY ADMINISTRATOR - Agenda Item No. 16A 17 ADDRESSING CHECKLIST January 10, 2006 Page 7 of 21 Please complete the following and submit to the Addressing Section for Review. Not a11 items will applv to every proiect. Items in bold tvDe are required. 1. Legal description of subject property or properties (copy of lengthy description may be attached) I L{ ^ r I (\ 1_ Hi~vtWa:1 'í:5 IQ fu~h Cn 1den b-¡:),te- "'î-~J-l( _ú..rl:e...\ 3 2. Folio (property ID) number(s) of above (attach to, or associate with, legal description if more than one) =t:t DC,;).,' 00'1 000 q {f 0 0 dO'1~~() 003 3. Street address 0+ wdr\sses (as afrf.Jicabl~al~efldy assigned) -=:15J 3~ ~~ 00:, ~OL) -:tl ~t{J d..-O 4. Location map, showing exact location of project/site in relation to nearest public road right- of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) 0 PPL (plans & Plat Review) DSDP A (SDP Amendment) 0 PSP (preliminary Subdivision Plat) o SDPI (SOP Insubstantial Change) 0 FP (Final Plat) D SIP (Site Improvement Plan) 0 LLA (Lot Line Adjustment) D SIP A (SIP Amendment) D BL (Blasting Permit) o SNR (Street Name Change) 0 ROW (Right-of-Way Permit) D VegetationlExotic (Veg. Removal Permits) 0 EXP (Excavation Permit) o Land Use Petition (Variance, Conditional Use,D VRSFP (Veg. Removal & Site Fill Pennit) Boat Dock Ext., Rezone, PUD rezone, etc.) o Other - Describe: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: 0 heck is is t Faxed Back 0 Personally Picked Up 12. Applicant Name Phone '155", It/if,! Fax tfs::; - (; 70 / 13. Signature on Addressing Checklist does t constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number 3s \ D@O Address Number Address Number 8~ () {¡ _ Address Number Approved by ¡.{v:..... ~ Date q - ~ ~ - 0 S '. 30ft! Annual Collier County Agricultural Fair & Exposition Inc. \ February ~ - February 1i" 2006 Collier County Fairgrounds Hwy 846, North Golden Gate Naples, FL A:\County Permit\logo - Color. doc ~ -"-~~~ Agenda Item No, 16A 17 January 10, 2006 Page 8 of 21 09/23/2005 3:20 PM A ~MJ.ÐG ~~ 0 0 '" II i!! ~ ð· Uz ~~ .... E)NldlMf~ (;;IV~ 'N 1$ ). WID ~+ I ~. > t ::¡ ~ Ii: ~ ~>R:rid at A~MJJX3 t C ~ ? j '?¿ ~ , ~ i I ~ 1'-CD..- ..- 0.<"-1 <CO (O("'(¡Õ ""7'Ô'" '0"- (,) Z>.O) ,-CU Eroo... (,):::¡ ......C -ro CU -:> "'0 ,.... ã> 0) <C 'DNldWtf:J A V MQIV'4 UJ! 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SOX 2336 Fort Wayne, In 46801 INSURED COLLIER COUNTY AGRICOL'TCJRAL (SEE GAI300: 751 39TH AVENUE,N.B. NAPLES I PI, 34J.20 COVERACilES THIS IS TO CERTIFY THAT THE POLICIES OF INSU~NC! LlSTEC P'ERIOD INOICATED, NOTWITf'lSTANCINO ANY IltEQUIIIIEMENT, TE WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TII ALL THE TERMS. EXCL.I)SIONS AND CONDITIONS OF SUCH POLlCI CO. "TYPE OF. INSURANCE POUCY NUMBeR LTR Generll Uabllty A ¡] Commeroial Generar LiabIlity PAC0590752703 o Claims MIIda Ðoccur. o Owner's It conlnlctors Proto !KI T.T ~. ~, MT1.T. CRL: $lMILL Automobile Uabllity A o A.ny auto PACOS30752703 BAli vwned autos SCheduiedlllulo$ IX] Hired .utes tXJ Non-owned autos ~ Gllre;e Liabnity HCi?D ExCM$ liability A IX] STRAIGHT EXC05!:)0753003 !XJ other than Umbrella form WOrkers' CompenAtion and EmplOyers' !.lability PartiCIpant AcCident OI'!$~ÏICN OF OPI:RA11ONSJLOC,6.TION!INEttCI..£e!TAlCTIONSfS! THE CERT HOLDER rs NAMED AS ADDITIONAL ~~ILITY ARISING OUT OF THE AC'I'IVITIEE CG .2026 CERTtFlCATE HOLDER BOARD OF COUN'I"'l COMMISSIONERS 3301 2AST TAMIAMI TRAIL NAPLES, FLORIDA 3411.2 ATTENTION: R:ISt MANAGEMENT st.æi !( I: 1 1- ,1n '")nf"\~ f , IQSUEcfTf~f 21 NSURANCE 1126120 4/20/05 THIS '~ERTlF!CATE IS ISSUED M ^ IMTTER OF INFORMATION ONLY AND t::ONI'!RS NO RIGHTS UPON THE C£R'nFICATE HOLDER. THIS CERTIFICATE DOIiS NOT AMeND, EXTEND OR AL.TER THE COVERAGE AFFORDEO BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A L.ETTe~ GREAT AMERICAN ASSURANCE COMPA COMPANY B LETIE!~ COMP/~NY C LETTER !lOW HAVE IEEN ISSUED TO TH~ INSURED NAM!D ABOVE FOR THE POL.ICY ~ CONDITION C)F ANY CONTRACT OR OTHE~ DOCUMENT WITH RESPECT TO INSURANCE AFFORDED BY THE POLICies OESCFUBeD H~EIN IS SUBJeCT TO . WAITS SHOWN IAAY HAVE BEEN ~EDUCEO BY PAID CI.AIMS. rouCY EFFeCTIVE POlCV ~'I'ION þAT!!! (MWt)CtI"l) DATI! .~ lIMrTS (in thousand$) J.2;01AM 12: o lAM Gener1ll ÞtQ¡¡reglle $ NONE 4/15/0» 4/15/06 ~lJCI&.Comp/Op& Aggn¡GIltI $ 5000 ~ & Ac!veniaing Injury $ 1000 Each Occumn:e $ 1000 Fire Damasoo (Ally one fire) S 300 Medicall:xpem;e (Any One pe1'$On) $ " ~1'Il.egaJ Uabilily $ N/A 12:01AM 12: o lAM Combined SIngle 4/1S/05 4/15/06 UmIt $ 1000 BodItv I,,;I/IY S (bar -Il1O"\ 80diJy In· I(':'~cådanl\ $ ~ $ 12: o lAM :L.2:0lAM Each ,.6firegale 4!lS/0!) 4/15/06 OccUmlnce $ 1000 $ 1000 statutory $ E\1ch At.:oiderlf S t!1$Gu"Polh:V L.lmh $ Diaeue-Esch Employee AD&D $ Pñmary Medical IS Excess Medical $ Weeklv Indemnitv $ X :w. ITEMS ~SURED . BUT ONLY WITH RESPECT TO )R OPERTiONS O~ THE NAMED INStJRED. CANCELLATION SHOl"rLD ANY OF THE ABOVE DEsc~rBEO POLICIES BE CANCELLED eEFORE THE EXPIRATION DATE THeREOF, THE 1$5UING COMPANY Will ENDEAVOR TO MAIL. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE l EFT, BUT FAILURE TO MArL SUCH NOTICE SHALllM?OSE NO OBUGA TION OR LIABILITY 0jlfNY KlNO UPON THE COMf'ANY, ITS AG~NTS O~RES TþJ1VE5. A~ECRa>7':'~fl ~ r>f L ~ .-...~ - ....- "- .. 1..Q2 , ) e ~~ E EE " THE COLLIER COUNlY AGRIC{JLT~~~~¿~ and EXPOSITION, INC. Page 12 of 21 Collier County Fair 751 39th Avenue N.E. Naples. FL 34120 (239) 455-1444 Fax: (239) 455-6701 (elller CÞ-tr ftIIr Activity Description List I. Blue Grass Shows A. 25 Amusement Items B. Concessions 1. Cotton Candy 2. Popcorn 3. Candy Apples C. Games for Prizes II. DiSDIav Booths A. Red Cross B. Ham Radio C. Mental Health D. Animal Care E. Civil Defense F. Home Economics G. Military H. Emergency Medical Services I. Women's Club J. Petting Zoo III. Exhibits A. Agriculture B. Livestock - 4H I FF A . C. HortiaJlture D. Arts E. Crafts F. Hobbies G. Culinary Arts H. Canning I. Clothing J. Ornamental IV. Concessions. Local Clubs. Oraanizations & Professional GrouDS A. Hot Dogs B. Hamburgers C. Sodas D. Hero Sandwich E. Candy F. Cake G. Ice Cream H. Foreign Foods I. Fruit ~.,"".",---.>- SEP-12-2005 MON 04:32 PM WASTE MANAGEME~T FAX NO, 2396495644 Agenda Item t¡o. .1. {jA 17 Januarf·1 fJ) 12006 Page 13 of 21 ~ TEIIPOAARV AO.L,.OFF ACIR!I!MI!N"r ! ------- . I ACCT' I wÞte Management 1m; of Florida 4500 Exchange A~ 111¡OI.., FL 34104 Phone (2~lt &4f-2212 Fax (239) Mt-5644 DEL.JVUV DATe COIifi ION DATE I'e Daily Disp Chg Tonnage Cap Overage Ct1a¡¡¡e Est. 'of ¡:tulle -/ MONTH 539.43Iton , ¡ COLU!1t COUNTY FAIR 751st AVE NE NAPLES, FL 34120 01 BILL. NAME SAME AS IERVIC~ ADDfUi!66 IIILL. ADDRt CITY, aT Zf) " " TEU CONTACT , .' - Qnty Size Haul Ra~ DetiY.ry Chg Rent C 5 200 $158.98 S113~9 each \a II ACCOUNT NUIIUIt CARDHOLDER NAM!! TYPE OF WASTE: CONTAINM OI!IJ\IERY gcMCTI~ENT OF COH1AIHeRfSNCIALIN$TRUCTlON: PL.!,\81! DEL 1 CONTAINeR THE 11, COM IHIER ON TtŒ :a.t"" AND THi REMAINING 3 CONTAINERS ON THE 318T OF UARY SIC CODE: " DISP SITe: REF If: O33-HI PO': CREDIT: MAP GRID: 7815 JOB I: SIC: OlD: TIle prtaø quotlld 01\ thiS IIIMmInt ara for GOII&trUction .... OftI)'. It 111111 Ja.d is ...,min" to .. oane.mlM1i1d wt$1IIIW the following ndM wt. apply "1150110 per M"I p.... tocaI oouney IandftII disposal,...., l.aIIdfiU Dig Out ChIIrgt; $1i.OO111r Dilmun'tf8 Wait T~ f7 I.Oll(hour ~ F.tJ $'71.00 8IocUd COIàI..... F..: $75.ð01OCCumtftQt UMdt to ......, Charge: s1U1 PlÞr viI1'L o.p.lt Cole :II d $ SUÞect íD "* ~ TE RlU AND CONDITIONS 2ha- &!tel PIVment. CustOlMr tFlall pay C~r for the coQ., tic" ancl diIpo.., prlWided by ContnIctor inCluding any ðlgout, refi)ot, blockeQ container and/Or exGIII diIpOUI chatgasllMed, W not prepaiCI Þy CUltGl'Mr in 1I0OI rcIance ID the tctIedule of C/'IlJ'DIIIlhOwn on the lOp palticn of thiS agreement. For III amountS billed, payment sl'laa be madt ÞY CUlt.amtr wJItIin len (10) ~ .. ",ceipt of It! inYoice from CcntIa*". OontraclOr may inp0$8, and Cuåorner Igrees to pay, a late fee of 18% per annum or, If 1eSI, InI nwdmIIm ..... dcJwe(j by IpfJliOl~ law øn an past due payments. In tria IMIIIt tI1IIt any p.yment Ia not /TIlde Wl'\en due, Connc:tor rMf/. at his .ole option. tetmlnate 51NiCH. raawer au pas t due paymenIa InllI'aCCMIr IIfff equip,,*" frÞm the premi&es. WaM 1InNfaI. Customer ~ II'ICI waITInts that !lie RllliWlaI" ~ laced ill ~ equipllWlt 1ha11It "waste rn$rial" IS dehd hllf1lin and shall con1ain no oIher SI.tIItM1œI. TIle term "WaS1a material" - used in II\eIe Tenna and ~ 101110111 shall mean IOIic:t W1UIIIt ~teå ~ eu.tamer exduCIing radioaotlve. voIrile, nighly 1IImtI\aIHe. expIø$ive. b1Dm~I. inf'eatlOul, toxic, (J( nazanl0U5 om; _ iaI. The larm "h.~rdcu "'*"'-1" ahalllnClude bIâ not be IirniI8d tð. Illy amount of W85tê IiSfed or charaderiDcl as hazarOQus by !hi UnIted SlIMe EtII/Iru¡ mlJntaI P/'IIMIctIOn ~ or 811)' 5W8 ~ ptnullnI 10 tne Resourcø COONrVacïðn and Reoowry Act of 1978. 111 enaÞlld or appbble sUIte IIW. Contrac&o1 shaU acquire 1i1Ie to conforming WIBle I'Mllitrial When II Î$ located into OonIractors trucka. Title to and rlllÞlMY for any wa&. eåldeC abcM lnall ren18in wI#I Custam at .N Cu&1omer exfn"l)' agr8H to defend, inc/8nvlify and \aid hannle$& ContnlCiOl' from and IoainIt any and all damages. peoalllea, tIna and JIaCIIties ~ . RIf.1 or win¡ OW of auctl wNta excIudeCI abcYe. ~a anti Pattlnq ~ Custamtr WIlT'ln\5 1I\It any righI of way proviCItd by CuItorner for Contractor'. eqUipment i$ ILIIicient to bear the weight of all Co .. equipment and whlelM reasonably requil1ld to peñorrl h~ service h«ein c:onnotIIII. Coæactðr sl1all not be respol15iÞll for dam. to any priVata d~ lUl'faœ. pt\l'lment or ~ 1IJb.5urlata of ~ roc i!8 reaiOlllÞlY lMICM5itIY 10 perfom11he MNioe herei" oontracled and Customer assumei an liaÞiitiea fQr damage to ~te driving 1UIface5. ~ment or roadSl rtacesand enlirt corull* paCIIment ¡Ita. EauiDIMM. A) Responslblrlty. The equipment fumianed 1IemIncIt· þ., Contractor shill rtmaln thI property of Contra<:ùlr, hCNleVer, Cu$tomer acknOWllKIges that it hat CIftI, cusgQy and control of the equipment while at !tie CIIiIOmf r's Ioçajon and aœepcs ~ for aQ ICII for dlmage to Ihfo equipment (-=ept for normal wear and lNt or lor IøM or dam. retullÎng frOt'll ContradOr's I\; Ir1C ling of 11M! eqUipment) õlncI for itI c:oM8fIIs. Customer 1I!r9Ø& not to eMtIOad (by weight or IIOIurne), move or al&er 1tIe equipment. and Chan use the øquip¡nE nt only for Ita proper and inler$CI purpoM. CUstomef agrees 10 in4emnify, Qtfend and hOld IIIITI1IeH Contractor against all QUns, dMlaoes. 5I.Ii1a. pena/Iie6. firus n liatIHitie& to/' INury or dUItI to per$OnI or IOø or damaQB to property arising Oul of Cu5larner's use, operacion or po$8essign of the equipmOnt B) ÂCCe$5. Cuatorner ~ to prov. unob51r'uctIId K/:IEIIi& to the equipmerd on thelàledul8d COllection 4ay. If the equipment if inacœsslble &0 that tile AlQUIlr1y $CI'\eduIed piCk up cannot be made, Ocntraû will l!'ar 1p11)' nodfy 1he Cu$tamer and afont the CUstomIr a tuIOnaÞlt oppot'tinty to proyicle the ICœ8Ii and /WdIedUIe It1e ØIVIce, howe,*,. ContradOr wi! çMrae an f ckIl1IðNll fee as ~ for in the &CtIeduIe of d'larges .. 8hcwn on tnl top por1iOtl Of this ~, for Customlr'& 1aiIure to prcMcIe inilill aetaSl, a__ ...... In t1'If¡ event of ÞtMCtI oftl1e AQreem.nt ~ either party. 1IIe breatilir1 PartY shaU pay .1 reasonabla ~'I fees and 00ItS of !he O!1'Ier party itIc:k»nI to any ádlon brouoht to enforœ thll Ä;I'Mt'IIIInL In U. ..vent Cut1amer fa$ to pay ContnIetor all amounts WI'IiCtI become due under 11'111 A¡rlitment. C~mcr .;.... to PlY. itlMditiol\ to !he ~ due. any and.. ¡ø,1Io inctJmld byContrlOtOr 86:. result c4 such falluÆto pay. indudllg to thl extent pennllted by laW, rHiOnable atIomeyfee5. EdlfØll ,.wfotmsfIC!Ø. I118llher ~ IIereto 5haJI be IiaÞle fðt IIf faijUl"lID perfwm or dellly parformlllOQ"øreUf1dtt ðUl to contil'lOellCÌe$ ~nd its reaaonlble oo~ includinG. but not limited to 1tri1Cla. rioII. eomp¡iance wIIh lev 'I HI' ~1'It orde~, inability to ICCUI contlitlat. fires, and ads of gOd and suc:h failure shill not ccnstitLßa a default under , ~reemènl CulitOmer Signature x~~ Waste Management Repreaemative Date 9-/3-tJ5Nameprint_VOt\d...o... W Date 1l'I2IDI Nar'nePrint !1Gian:¡¡9{!MifuS12 Please .ign & fa)!: bactt to prooess your order. Th-"k Y:Ju. ~btríff Agenda Item No. 16A17 January 10, 2006 Page 14 of 21 SHERIFF DON HUNTER · COLLIER COUNTY 3301 Tamiami Trail East, Bldg· J, Naples, FL 34112 (941) 774-4434 www.colliersherilf.org AUGUST 01, 2005 Mr. AI Sanchez Collier County Agricultural Fair And Exposition, Ine, 751 391t1 Avenue N. E. Naples, Florida 34120 RE: Fair Security February 3, 2006 through February 13, 2006 Dear Mr. Sanchez: The Collier County Sheriff's Office will provide security for the 2006 Annual Collier County Fair and Agricultural Exhibit. Security will be per our agreement . and contract which will bring the Fair into compliance with Collier County Ordinance, Chapter 8 %, Section 5 (2). I look forward to working with you at the Fair this year and if I can be of any further assistance, please call me. DH: grm . cc: Sgt. R. Myers Flle-F air 'The duty of the Collier County Sheriff's Office is to preserve and protect ~ the lives, property and constitutional guarantees of all persons." \DI ¡ l. ..,._--~,.. Agenda Item No. 16A 17 January 10, 2006 Page 15 of 21 .................". ..... .BES·:- COLLIER C01['NTY EMS/FIRE 3301 Eut T...I.ml Trail. Naples, FloridaJ4112 .239-774-8459. FAX 239.775-4454 September 9, 2005 Collier County Fair Board 751 39111 Avenue N.R Naples) Florid~ 34120 Ms. Taylor, Fair Manager Collier County EmerJency Medical Services is J001cing forvraù to working with the Big Corkscrew Fire Department to ensure the Collier County Fair ili provided with Advanced Life Support coverage. I understand the coverage will be ftom Fel.-uary 3n1 through Febmary 12, 2006. As we move closer to the date, I will coordinate the logistiCl; \lÍth the Big Corkscrew Fire Department. If I can be of any further assistance) please do D( It hesitate to caU. Sincerely, Jeff Page. Chief Collier County Emergency Medical Setvices lPPlbb 10 3Ð'v'd SW3 6ÞSÞÞSLL6 L0:9t søe~/LZ/6Ø BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT Agenda Item No. 16A 17 January 10, 2006 Page 16 of 21 13240 Immokalee Road Naples. Florida 34120 (239) 455-1204 (239) 348-8006 (239) 304-3334 July 25, 2005 Collier County Fair Board 751 39m Avenue NE Naples, Florida 34120 RE: 2006 Fair Collier County Fair Board: This letter is to confirm the commitment from the Big Corkscrew Island Fire Control and Rescue DistrictIVolunteer Firefighters Association to provide fire inspections and fIre protection during the 2006 Collier County Fair. The dates we have are February 3m through February It\ 2006. There will be a fire protection fee ofS250.00 per day, in addition to any inspection fees incurred. If you have any questions regarding these services and times you may contact Fire Marshal Todd Olson regarding inspection fees (348-8006) or Chief Rita Greenberg regarding fire protection services (455-1204). LP.·'··l .µl~· Rita M Greenberg Fire Chief Sincerely, RMG/das ,.".....---'.....,.-... -.-.-- .----------- January 10, 2006 Page 17 of21 STATE OF FLORIDA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES TALLAHASSEE (850) 487-4322 No. 0506 FAIR PERMIT September 16, 2005 Application and payment of fee in the amount of $275.00 having been made to the Florida Department of Agriculture and Consumer Services pursuant to Florida Statutes 616.15, for a pennit to conduct a public fair or exposition, and having been determined to be qualified by the Department, this Fair Pennit is hereby issued to: Collier County Agricultural Fair and Exposition, Inc. 751 39th Avenue Northeast Naples, Florida 34120 to conduct a public fair or exposition al: 751 39th Ave. N.E., Naples, Florida for the dales of February 3, 2006 through February 12, 2006. (!Id #~ Form 420608-099 1/93 CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE FROM :CollierCount~Fair FAX NO. :4556701 Agenda Item No. 16A 17 Nav, 14 2ØØ5~O~006 Page 18 of 21 TAX EXEMPTION CERTIFICATE Having been shown proof that the Commissioner of Agriculture has issued Fair permit No. ~ to f£blier County Agrio~ltural Fa~~ and Expo~ition, Inc. Name of Fair Association " under Chapter 616, Florida Statutes, this TAX BXBMPT¡ON CERTIFICATE is hereby issued to: Blue Grass Shows, Inc. Name of Owner d/b/a. Same - Trade Name P,O. Box 75244 Address TampÖ' City FL State 33675 Zip. This Certificate exempts said traveling show from payment of all Occupational Licenses while operating traveling shows, exhibitions. conoessions and other amusement enterprises as defined in Section 616.12, Florida Statutes, in connect~on with the fair conducted by the above named - fair association at: . 1Él:- 39th Ave. N.E. place of PerfO~ïnance (street or other location) Naples City Collier County 2-03-2006 Opening Date 2-12-2006 Closing Date - INSTRUCTIONS: Exeoute in quadrtlplicate as follows: White/Applicant Yellow/Tax Collector Pink/Sheriff Gold/Dept. ot Agriculture & Consumer Services Divißion of Marketing & Development 407 south Calhoun St~eet suite 209 Tallahassee, FL 32399-0600 Form 06-102 11/94 ~,~'''---',--.- ~-. DEPARTMENT OF REVENUE ~ II COnsumer's Certificate of Exemption II Issued Pursuant to Chapter 212, Florida Statutes R. Cl1!02 Agenda Item No. 16A 17 January 10, 2006 A 1 21-0Q-019878-70C Certificate Number EffeCllve Date 09/30/07 Expiration Date FA~lf A~'sBt1Á"fJON , , '$~e~iQJl Þai.~PW - t·:-r,~ ',':. " ·&,f.i-';:~\.:..D;_\:._ ~ .:.~ -.i ,:,': 09/30/02 Th is certifies that "'0 Þ~,f.:C t·, m~ii~F~~ÀW: ~e~ ~C,UO" TURAl FA I R 'i i'~Jst~¡f~¡r~P< is exempt from the payment of Florida sales and use tax on real property rented, transient re~þif¥àp~~\~ð~~/iangib¡e persona! property purchased or rented, or servi~es purchased. ,'¿ " "''' _ , ' .f'I DEPARTMENT OF REVENUE , Important Information for Exempt Organizations I DR-1'; R.01/02 . 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule. 12A-1.039, Florida Administrative Gode (FAC). . 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization 's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others by. your organization of tangible personal property, sleeping accommodations or other real property is,taxable. Your organization must register, and collect and remit sales and use taxon such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAG). 5. It is a criminal offense to fraudu1ently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction 'of a third degree felony. Any violation will necessitate the revocation of this certificate. 6. f you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is 5050 West Tennessee Street, Tallahassee, FL 32399-0100. Permit No. I I i Agenda Item No. 16Á17 January 10, 2ili06 Page 20 o~ 21 I I , PERMIT FOR CARNIVAL EXHIBmON STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSmON, INC., has made application to the Board of County Commissioners of Collier County, Florida, for a pennit to conduct a fair; and WHEREAS, COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSmON, INC., has presented to the Board sufficient evidence that all criteria for the issuance of a pennit to conduct the annual Collier County fair as set forth in Chapter 10, Article II. Amusements and Entertainments, of the Collier County Code have been satisfied and that such exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSmON, INC., has requested waivers of the Surety Bond and Occupatio~ License; NOW, THEREFORE, TIllS PERMIT IS HEREBY GRANTED TO COLLIER COUNTY AGRICULTURAL FAIR AND EXP INC, to conduct a fair from February 3rd through February 12, 2006. in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of the Surety Bond and Occupational License are hereby approved. WITNESS my hand as Chainnan of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of ,2006. A TI'EST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: FRED W. COYLE, CHAIRMAN Approved as to Fonn and ~al Sufficiency: '\OJ.?' ~L> Jennifer Belpedio Assistant County ey Exhibit "A" Part of Block 489; North. Golden Gate, UDit 2, Collier County, FIoridà þJ}.'tb.at parf" of Block 489 ofNortb. Golden Gate Unit 2, according to the. plat thereof as re~orded in PIat Book 9. Pages 29 through.43-, Collier County Public Records, Collier County, Florida and being,more particularly descrilie~ as follows: '. Begimring at the Northwest corner of said Block 489: thence. along the Northerly line o~ said Block 489: South. 88'08'24" East 2012.89 feet; thence South I '53' 16" West 1184.51 :feet: thence North 88'08'24" West. 2038.4 feet to the West line of said Block 489: thence along said West .. ~ North 03'27'47" E~ 914.92 feet: thence co~tinue along said· West line North 01 '53'16" East 269.95 reet to the POINTOFTHEI3EGINNING on the parcel herein described: subject .to easements and restrictions of record: (containi-ng 55 acres).. Less the following: . BEGINNING at the Northwest COIDCr ~f said Block 489: thence along the . Northerly line ofsaid'EÜock 489, South 88'08'24" East 635.ï5 feet: thence leaving said north line, So.uth 1 '53'16" West 800.00 reet: thence South 66'02'53" West 423.75:n thence South 1'53'16" West 200.25 reet:. thence North 88'08'24" West. 279.78 fæt to the west line of said' Block . .489: thence along said West line. North 3'27'47" East 914.92 feet: thence. continue àIong said West line. North 1 '53' 16" East 269.95 :feet to the .-.~ Pòint ofBegiDnÎng of the parcel herein ·descn¥: subj~ t9 easements and restrictions of record:. (containing 15.0 acres more or Jess) . (Demised· Premises Conta;ning 240 acres) . - ¡;/ID~ ·I}0r2/0tJ¥ÒCJð·c¡ .;¥.~~. Agenda Item No. 16A 17 January 10, 2006 . . Page 21 of 21 -~ Agenda Item No. 16A 18 January 10, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to direct the County Manager or his designee to prepare and submit an application for purchase by the Conservation Collier Program of specific parcel(s) associated with the County's purchase of Fleischmann-Caribbean Gardens properties. OBJECTIVE: .To have specific Board direction for the County Manager or his designee to appoint specific County staff to submit application(s) for appropriate Fleischmann-Caribbean Gardens parcel(s) to be evaluated for purchase by the Conservation Collier Program. CONSIDERATIONS: As of December 19, 2005, Collier County has closed on the Fleischmann-Caribbean Gardens property. The Conservation Collier enabling Ordinance 2002- 63 specifies that an application to the Conservation Collier Program is needed for the County to consider the purchase of property with Conservation Collier funds. Staff is thus recommending that the Board of County Commissioners authorize the County Manager or his designee to submit an application for appropriate parcels to be subjected to the Conservation Collier review and evaluation process. ---. FISCAL IMPACT: On December 12, 2005, the Conservation Collier Land Acquisition Advisory Committee recommended an estimated $6.4 million in property for the "A" list portion of the Active Acquisition List (AAL) for Cycle 3, leaving approximately $5.3 million in uncommitted funds. This does not include any funds for the Fleischmann-Caribbean Gardens properties, currently estimated at $4.7 million. GROWTH MANAGEMENT IMPACT: Conservation Collier purchases are consistent with and support Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This recommendation conforms to the requirements of Ordinance 2002-63 which provides the processes and procedures to evaluate and purchase properties with Conservation Collier funds. RECOMMENDATION: That the Board of County Commissioners direct the County Manager or his designee to prepare and submit an application for purchase by the Conservation Collier Program of specific parcel(s) associated with the County's purchase of Fleischmann-Caribbean Gardens properties. Prepared by: Alexandra J. Sulecki, Sr. Environmental Specialist, Environmental Services Department "..... 1 Item Number: Item Summary: Meeting Date: Agenda Item No. 161\18 January 10. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A18 Recommendation to direct the County Manager or his designee to pre-pare and submit an apPlication for purchase by the Conservation Collier Program 01 specific parcel(s) associated with the Counlys purc;hase of F\ei5Chmann~Caribbean Gardens properties 1110120069:0000 AM Senior EnviromTlentnl Specialist Date Prepared By Alexandra J. Sulecki Community Development & Environmental Services Environmental Servi¡:es 12/12/2:0054:21:13 PM Approved By Envíronmental Services Director Da'" Wilham D. Lorenz, Jr., P.E. Communíty Development & Environmental Servíces Environmental Services 12/12:120054;30 PM Alexandra J, Sulecki Senior Environmental Specialist Date Approved By Community Development & Envìronmental SErvices Environmental Services 12/12/20055:02 PM Approved By Dale Sandra Lea Executive Secretary Community Development & community Development &. E.nvironmental Services Environmental Services Admin. 12.t13f2005 9:18 AM Approved By Public Services Administrator Date Marla Ramsey Public Services Admin. 1211 :lJ2005 1 :08 PM Approved B)' Date Public Services Constance A. Johnson community Development & Environmental Services Operations Analyst Community Development & EnvIronmental Services Admin. 12/151200512056 PM Approved By Date Joseph K. Schmitt Communìty Development & Environmental Services Community Developmen1 & Environmental Services Adminstra10r C.ommunity Development & Environmental Services Admin. 12117/200512:00 PM OMB Coordinator Administrative Assistant Date Approved By Office of Managl"frlent & Budget 12/19/20053:03 PM Approved By Budget Analyst Dale County Manager's Office Mark Isackson Office of Management & Budget 12120/20059:14 AM Michael Smykowski I\-\anageme'nt & Budget Director Date County Manager's; OfficI': Approved By Office of Management & Budget 12120/20054:17 PM Approved By County Manager Date County Manager's Office James V. Mudd Board of County Commissioners County Manager's Office 12/20/20057:42 PM -- -....--- Agenda Item No. 16A 19 January 10, 2006 Page 1 of 4 /.,,-. " EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Fiddler's Creek Phase Four, Unit Three", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Fiddler's Creek Phase Four, Unit Three", a subdivision of lands located in Section 14, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Fiddler's Creek Phase Four, Unit Three". 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 .r- 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 "Fiddler's Creek Phase Four, Unit Three" be approved for recording. FISCAL IMPACT: The project cost is $1,283,515.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $651,732.00 - $631,783.33 The Security amount, equal to 110% of the project cost, is $1,411,866.86 The County will realize revenues as follows: r- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $40,080.46 ~ ~' ,..-. Agenda Item No. 16A19 January 10, 2006 Fees are based on a construction estimate of $1,283,515.33 and were paRPm 2 of 4 January, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,575.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 4,887.99 c) Drainage, Paving, Grading (.75% const. est.) - $ 4,738.37 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $14,663.97 e) Drainage, Paving, Grading(2.25%const.est.) - $14,215.13 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 "Fiddler's Creek Phase Four, Unit Three" for recording with the following stipulations: 1. Approve the amount of $1,411,866.86 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. 16A19 January 10. 2.006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16A19 Recommendation 10 approve for recording the final plat of FIddlers Creek Phase Four, Unit Three, approval of the standard form Construction and Maintenance Agreement and approval af the amount of the performance secunty 1/10/2006900:00 AM Item Number: Item Summary: Prepared By John Houldsworth Senior Engineer Da" Community Development & Environmental Services Engineering Services 12i151ZG05 10:01:41 AM Approved By Constance A. Johnson Operations Analyst Community Development & Community De....elopment & Environmental Services En....ironmental Services Admin. Date 1V1612005 10:08 AM Approved By Thomas E. Kuck, P.E. COES Engineering Services Director Date Community Development & Environmental Services COES Engineering Services 12(15/200512:13 PM Approved By Sandra Lea Executive Secretary Communìty Development & Community Development & Environmental Services Env)ronmentalServices Admin. Da'. 12/161200510:13 AM Approved By JO$eph K. Schmitt Community Develo)ment & Enviromnanta! Services AdmÎnslrator Date Community Development & Environmental Services Community Development & Environrnental Services Admin. 12111/20058:20 AM Approved By OMS Coordinator Administrative Assístant Date County Manager's Office Offic€ of ManaçJernent & BtJdget 12119/201)5 3:06 PM Approved By Mark Isackson Budget Analyst Dale County Manager's Office Office of Management & Budget 12/19/2005 3:55 PM Approved By James V. Mudd Coun1y Maoager Da" Board of Coun1y Commissioners County Manager's Office 12/211200510:28 AM ,.----.-."..-" 0)(.0 7 ...-0_ «00 :£N.7 ',0(1) 0-.-0) Z>.C1J --CL EC'O (I)::J _I:: -C'O C'O-:> -0 I:: (I) 0) « 'i ~ õ I e~ 1-2 ,~ 00 .~ <II;:I w- I 3 (1 ~~ I ,t;;: ¡¡ °0 I 0 ~ ~ CI:O , N ~ 0--, I I ~ I~! -='" ~'~ ~ ~~~ N 'u 'c ·N L----' 1,\ IÇ6-~~ ~ ~ ~ § ~-~ ~ \ ¡¡~ " ~ \ ~~ ~~ r ') 0 \~ , ~ ~. ~~ ~ \\ . ~~ " \, --. I !(¡~ §[ "" ~\ ~ ~~ zS? 'J::V' >~ fit) w~ ~< ~~ g~ UJI UJ, g§! I- ~J '" -VYU 5)1'(0 AIHI]HJ a.. « L UJ l- e/) I h I' , =- I II ~ I~ 311';)$ 01 10'" I ____ __ -' -C- ~I :¡: D.. :>:::: UJ UJ a:: <.> en œ: UJ ..J g ¡¡:' \ \ ,. .w ~ïi~ VI·V\fš 0 ~~~ ~ ~e ~ a.. « L z o - I- « U o --' Agenda Item No. 16A20 January 10, 2006 Page 1 of 4 ,-. EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Marbella Lakes", 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 "Marbella Lakes", a subdivision of lands located in Section 19, 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 "Marbella Lakes". 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 "Marbella Lakes" be approved for recording. FISCAL IMPACT: The project cost is $3,408,889.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $1,384,204.00 - $2,024,685.33 The Security amount, equal to 110% of the project cost, is $3,749,778.26 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: $104,011.68 ,-. .",...- ,.-- Agenda Item No. 16A20 January 10, 2006 Fees are based on a construction estimate of $3,408,889.33 and were pafítjg¡~ 2 of 4 March, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,745.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $10,381.53 c) Drainage, Paving, Grading (.75% const. est.) - $15,185.14 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $31,144.59 e) Drainage, Paving, Grading(2.25%const.est.) - $45,555.42 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Marbella Lakes" for recording with the following stipulations: 1. Approve the amount of $3,749,778.26 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 16A20 January 10. 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A20 Recommendation to approve for recording the final plat of MarbeUa Lakes, approval of the slandard fDfm Construc.hon and Maintenance Agreement and approval of the amount of the performance sec.urity Meeting Date: 1/10/2006900:00 AM Prepared By John Houldsworth Senior Engineer Da" Community Development & Environmental Service!> Engineeríng ServtG6S 12/19/20056:52:45 AM A pproved By Constance Ä. Johnson Operations Analyst Community Development & Community Development & Environmental Services Environmental Services Admin. Date 1 Zl1&i2005 &;25 AM Approved By Community Development & Environmental Services Executive Secret.ary Community Deve~opment & Environmental Services Admin, Date Sandra Lea 12119/20059:10 AM Approved By Thomas E. Kuck. P,E. COES Engineering Services Director Date Community Dêvelopmenl & Environmental Services CDES Engineeriny Servi¡;es 12/19/20051:45 PM Approved 8)' Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development &. Environmental Services Community Development & Environmental Services Admin. 121191200515:25 PM Approved By OMB Coordina.tor Administrative Assistant Date County Manager's OffÎçe Office of Management & Budget 12/21/200510:19 AM Approved By Mark Isackson Budget Analyst ()ale County Manager's Office Office of Management & Budget 12/22/2005 8:55 AM Approved By James V. Mudd County Manager Date Board of County Commissioner.¡ County Manager's Office 12127/20053:51 PM -~,--~'-' o c.o "<t NO_ «00 c.oN"<t ~O<D 0"- 0) Z >-('0 ....CL EC'O Cl):J _c: -co C'O-, "ü r- Q3 OJ « ~ 5 <';L ]J"'JS~3lNI ~ £! \òL - 3~nS!HjNr ÁVM Oè/lQA'P'r Q'I'ot/ H:)N",~ Bd I I § , ~ :! ~.. i ~ f' ! i ! i I / ~I w a.. ~ w 13 « ~ ~ L f:j LLJ ..... - CJ) '" w " S w ~ " o ~ ¡ '" w Z ¡¡: ~ ~i I ~II ~'I' 'II ~ " o ~ ¡ ; / - z- ~~~ ... t::.:!= ~t3?i i!5 I I: )~"d O~3HS . ~ ~~ = ¡g(;;:2' SW~ 3w ~~ 1~ . ~ ~~~ 9'% 8wO ~~- ;;: 5~f , . ~ õi - u ~ >-€ ~ê ~~ -~ ŠŠ ~~ 5~ ~ a ^31noe N\fDOl I-Z 00 w- -,';;¡: 00 erO Q......) ~ ~ ~ ~!~ ~ o < ~ 0' õl ~ ~.¡¡ ~~e. :::~ M' :n:v: ""::1'- ~ ~ ~\ on.: ¡¡YO~ 3.iJn~ ]/CY OOE (1)1 ~I ...J « ...J ...J I.IJ II) œ « ~ a.. « L z o - ..... « u o ....J Agenda Item No. 16A21 January 10, 2006 Page 1 of 12 ,,- EXECUTIVE SUMMARY Recommendation to approve an Interim Management Plan for the Malt property under the Conservation Collier Land Acquisition Program OBJECTIVE: Request approval of the attached Interim Management Plan for the Malt property and direction to the County Manager, or his designee, for its implementation. CONSIDERATIONS: The Conservation Collier Ordinance, 2002-63, section 14(1), requires that, no later than sixty (60) days from the date of acquisition, an Interim Management Plan shall be submitted by County staff to the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) for approval. Upon approval, the plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented according to the Board's direction. Subsequent to the Interim Management Plan, a final plan is to be presented to the Board within two (2) years. On December 12, 2005, staff submitted an Interim Management Plan for the Malt property to the CCLAAC which had previously been approved by the Lands Evaluation and Management Subcommittee. The CCLAAC unanimously recommended approval after requesting one change. ,.-- FISCAL IMP ACT: The first year cost of land management activities has been estimated to be between $25,350 and $40,350. Funds are budgeted within the Conservation Collier Land Management Fund to accomplish these activities. A $75,000 joint application for exotic removal assistance between Conservation Collier and Rookery Bay National Estuarine Research Reserve (RBNERR) was approved by the Board on September 13, 2005, and is currently under review by the granting agency, the Florida Department of Environmental Protection Bureau of Invasive Plant Management. If awarded, the grant will provide contracted labor for removal. GROWTH MANAGEMENT IMP ACT: Management of Conservation Collier lands to support appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the Recreation and Open Space Element of the Collier County Oro\\1h Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63), in section 14, provides a legal framework for development of management plans and for use of environmentally sensitive lands. Recommendation of the Interim Management Plan for the Malt parcel by the Conservation Collier Land Acquisition Advisory Committee for Board approval falls within this legal framework. RECOMMENDATION: That the Board of County Commissioners approve the attached Interim Management Plan and direct the County Manager, or his designee, to implement it for the Malt parcel. ~ PREPARED BY: Alexandra 1. Sulecki, Sr. Environmental Specialist, Coordinator, Conservation Collier Program, Environmental Services Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16A21 January 10. 2006 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A21 Recommendation to approve an Interim Management Plan for the Malt property under the Conservalíon Collier Land Acquisition Program 11101200690000 AM Senior Enviromnenlfll Spel:ialist Date Prepared By Alexandra J. Sulecki community Development & Environmental Services Environmental Servi<;es 12119/Z00512;Z5:57 PM Approved By Date Constam:e A. Johnson Community Development & Environmental Beli/ices Operations Analyst community Development & Environmental Serv;ces Admìn, 12/1912005 3:Z0 PM William D. Lorenz. Jr., P .E. Envíronmental Services Director Date Approved By Community Development & Environmental Services Environmental Services 1 ZJ1912005 3;25 PM Approved By Date Sandra Lea Community Development & Environmental Services Ex.ecutive Secretary Community Development &. Environmental Services Admin. 12f19/2005 4:02. PM Approved By Date Joseph K, Schmitt Community Oe\lelopment & Environmental Services Comrnunity Development & Envíronmental Services Adminstrator Community Development & Environmental Services Admin. 12/19/2005 5:27 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 12/21/200510:20 AM Mark Isackson Budoet Analyst Date Approved By Office of Management & Budget 1 Z/2ZJZ005 9;06 AM Michael SmykO"WSki Management & Budget Director Date County Manager's Office Approved By County Manager's Office Office of lI.'tanagernent &. Budget 12.127/20053:15 PM Approved By County Manager Dale James V. Mudd Board ot County Commissioners County Manager's. Office IZ/2712005 5;33 PM Conservation Collier Malt Property Interim Management Plan Prepared By: Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 December 2005 Agenda Item No. 16A21 January 10, 2006 Page 3 of 12 September 2005 Agenda Item No. 16A21 January 10, 2006 Conservation Collier Malt Property Page 4 of 12 Interim Management Plan Table of Contents 1.0 Purpose and Scope ofthe Interim Management Plan...... ... ............... ...... 3 2.0 Management Authority and Responsibilities........................····..·..·.... 3 3.0 Interim Site Plan ...................................................................... 3 3.1 Location and Site Description .............................................. 3 3.2 Signage. ........ ... ..... .... ...... .... .... ..... ..... ......... ........ ....... .... 4 3.3 Easements, Concessions or Leases...... ............ .................. ...... 4 3.4 Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 4 3.5 Surrounding and Adjacent Land Uses............·..·..····..·....··..·....·· 4 4.0 Interim Management Objectives ...... ...... ...... ... ... ... ...... ....... ....... ..... 4 4.1 Natural Resource Protection. ..... ............... ........... ....... .......... 4 4.2 Site Security. . . .. .. . . . . . .. . .. . . . . .. . . . . . .. . . .. . . . . . . . . . . . .. .. . . . . .. . .. . . . . . . .. . . 5 4.3 Exotic Vegetation Removal and Maintenance Plan...............·....·..· 5 4.4 Cultural, Historical and Archaeological Resource Protection............ 6 4.5 Public Access......... .., .................. ............. ............. .......... 6 4.6 Site Monitoring Plan.................................··......··..···....···..· 6 4.7 Partnerships...... ......... ...... ...... .......... .... ................ ..... ..... 6 5.0 Exhibits..........................................········································· 7 EXHIBIT 1: Location Map EXHIBIT 2: Aerial Map EXHIBIT 3: Estimated Cost Table EXHIBIT 4: Implementation Timeline 2 September 2005 Agenda Item No. 16A21 January 10, 2006 Conservation Collier Malt Property Page 5 of 12 Interim Management Plan 1.0 Purpose and Scope of the Interim Management Plan The Malt property was purchased by Collier County in June 2005 through funds rrom the County's Conservation Collier Program and The Conservancy of Southwest Florida. The property will be managed only for conservation, protection and enhancement of natural resources and for public outdoor recreation that will be compatible with the conservation, protection and enhancement of the site and its surrounding lands. Public use of the site will be compatible with the management objectives and recommendations of Rookery Bay National Estuarine Research Reserve (RBNERR). This interim management plan is intended to identifY the key management priorities and issues within the site and give direction for management for the next two years. This document is meant to be the precursor to a Final Management Plan, which will provide more specific aspects of site management. Key Interim Management Objectives 1. Protect and manage the native habitat on site 2. Examine options for hydrologic restoration 3. Explore opportunities for grant funding and partnerships 4. Develop Memorandum of Understanding (MOU) for management with RBNERR Action Plan 1 a. Treat and manage melaleuca and Brazilian pepper 1 b. Discuss moving RBNERR gate on Shell Island Road north to limit road access 2a. Work with FOCU to develop appropriate research activities in order to develop baseline hydrologic and restoration recommendations 3a. Seek partnering opportunities with RB NERR and Conservancy of Southwest Florida for DEP Florida Bureau of Invasive Plant Management grant funding 4a. Work with Natural Resource Manger at RBNERR to develop final management plan as appendix to RBNERR management plan 2.0 Management Authority and Responsibilities The Collier County Environmental Services Department will be responsible for initial invasive exotic removal. Once initial management activities have been completed, a MOU with RBNERR will be developed for ongoing management of the property in perpetuity. 3.0 Interim Site Plan 3.1 Location and Site Description The Malt property is located in the southwest corner of Section 15, Township 51 N, Range 26 E, west of State Road (SR) 951 and east of RBNERR. Shell Island Road transects the southeast comer of the property. The 83. 1 8-acre site consists of mangrove forest, rreshwater marsh and salt marsh plant communities. The property is located within the urban boundary of Collier County. A historic road bed (CR 848) cuts diagonally across the property. 3 September 2005 Agenda Item No. 16A21 January 10, 2006 Conservation Collier Malt Property Page 6 of 12 Interim Management Plan 3.2 Signage A sign denoting the property as Conservation Land will be installed along the SR 951 property line. 3.3 Easements, Concessions or Leases A 100' Lee County Electric Cooperative easement exists along the western property line. This easement is constructed with Geo-webbing and allows for vehicle access when shallow standing water is present. No other easements, concessions or leases currently exist within the site. There are no other easements, concessions or leases proposed for the future, unless they further conservation objectives, such as a conservation easement. 3.4 Structures No structures are present on the site at this time other than those associated with the Lee County Electric Cooperative easement. While a viewing platform is contemplated for future public access, no structures will be erected within the time span of this interim management plan. 3.5 Surrounding and Adjacent Land Uses The Malt property is bordered by Rookery Bay NERR to the south and west and is separated from Rookery Bay NERR to the north by one undeveloped privately owned parceL This parcel (the Schutt property) is currently under consideration in the 3rd acquisition cycle of Conservation Collier. Rookery Bay is an Outstanding Florida Water. SR 951 runs adjacent to the east boundary of the Malt property. The Marco Shores/Fiddler's Creek development, consisting of golf courses and residential lots, is located just east of SR 951. Most of the lands across SR 951 are slated for commercial or residential development within the near future. 4.0 Interim Management Objectives 4.1 Natural Resource Protection Existin2 Ve2etation: Three different plant communities are present at the site; however, they are not always distinct. Freshwater and saltwater species co-exist throughout the property. The old roadbed also transects the property contains a mix of different vegetation. The following is a description of vegetation according to FLUCCS: FLUCCS 612 - Mangrove Forest - red mangroves (Rhizophora mangle), white mangroves (Laguncularia racemosa) and black mangroves (Avicennia germinans). Other associated species include: buttonwood (Conocarpus erectus) and cabbage palm (Sabal palmetto). FLUCCS 641 - Freshwater marsh - black rush (funcus roemerianus), sawgrass (Cladium jamaicense), spikerush (Eleocharis spp.), spider lilies (Hymenocallis 4 .''''--.-''''--'''''.-""'''-' September 2005 Agenda Item No. 16A21 January 10, 2006 Conservation Collier Malt Property Page 7 of 12 Interim Management Plan sp.), cattails (Typha spp.), White-top sedge (Dichromena spp.), buttonwood (Conocwpus erectus), wax myrtle (Myrica cerifera) and saltbush (Baccharus halimifolia) FLUCCS 642 - Salt marsh - saltmeadow cordgrass (Spartina patens), sea purslane (Sesuvium maritimum), saltgrass (Distich lis spicata) and red mangrove (Rhizophora mangle) The old roadbed contains primarily Brazilian pepper (Schinus terebinthifolius) with some wax myrtle (Myrica cerifera), saltbush (Baccharus halimifolia), buttonwood (Conocarpus erectus) and cabbage palm (Sabal palmetto). Unique Natural Features: The property contains a large shallow lake and provides an excellent undisturbed marsh view. Possible Listed S»ecies: During the initial site visit to the property in September 2003, federally listed leather fern (Acrostichum spp.) E, re-flexed wild pine (Tillandsia balbisiana) T, banded wild pine (Tillandsia flexuosa) E, and giant wild pine (Tillandsia utriculata) E were observed. Staff has observed numerous listed wading bird species in the past on the property primarily where the culverts cross SR 951 and enter the creek. Species observed include wood stork (Mycteria americana) Federal and State E, white ibis (Eudocimus albus) State sse, snowy egret (Egretta thula) State sse, tricolored heron (Egretta tricolor) State sse, little blue heron (Egretta caerulea) State sse and American alligator (Alligator mississippiensis) Federal T(S/A). 4.2 Site Security The site is adjacent to RBNERR. Vehicular access to the FPL easement road is blocked on both the north and south entrances by a locked gate. Thick vegetation along all other borders and canals discourage people from entering the site. Moving the Shell Island Road security gate closer to the intersection of SR 951 may be considered if significant debris deposition occurs within the Malt property along Shell Island Road. 4.3 Exotic Vegetation Removal and Maintenance Plan Invasive exotic plant species observed include: Brazilian pepper (Schinus terebinthifolius) and meIaleuca (Melaleuca quinquenervia). Companies contracted by Collier County or the State of Florida will conduct initial control of all invasive plants. Brazilian pepper adjacent to Shell Island Road will be cut, treated and removed from the site. All other Brazilian pepper will be basally treated in place and left to die. All melaleuca will be felled, treated and remain on site. All work shall be performed during the dry season. Within 6 months of initial treatment, the site will be monitored and any re-sprouts or seedlings will be treated. 5 September 2005 Agenda Item No. 16A21 January 10, 2006 Conservation Collier Malt PropertyPage 8 of 12 Interim Management Plan 4.4 Cultural, Historical and Archeological Resource Protection The Malt property is not within an area of historical and archaeological probability, although the old roadbed may contain historical artifacts. The County will notify the Division of Historical Resources immediately if evidence is found to suggest any archaeological or historic resources are present at the Malt site. If such properties are identified on-site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered, per provisions of the Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical resources. The management of these resources will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b). The collection of artifacts or the disturbance of archaeological and historic sites within the Malt property will be prohibited unless prior authorization has been obtained from the Collier County Board of County Commissioners and the Department of State, Division of Historical Resources. 4.5 Public Access Access to the property will be available from Shell Island Road. No trail creation is planned at this time. Future management of the property for public access will be consistent with RBNERR's management objectives. 4.6 Site Monitoring Plan Monitoring of the site shall consist exotic vegetation monitoring and re-treatment. The Environmental Services Department shall be responsible for this treatment with tasks contracted out as deemed necessary. The site will be monitored for re-growth semi- annually for two years following initial treatment. After two years, the site will be monitored on a yearly basis. 4.7 Partnerships The County will partner with RBNERR and The Conservancy of Southwest Florida to seek funding from the DEP Bureau of Invasive Plant Management for invasive exotic vegetation control on the Malt property and its adjacent properties. RBNERR will manage the site in conjunction with their adjacent properties after the County has facilitated initial invasive exotic vegetation control and hydrologic restoration. The two agencies will enter into a MOU for ongoing management of the property in perpetuity. Florida Gulf Coast University will partner with Collier County through research projects related to hydrologic restoration. Studies to determine the best method of restoration, as well as pre- and post- restoration studies, will be conducted by student researchers. 6 _..,~->--_.... September 2005 5.0 Exhibits EXHIBIT 1: Location Map Agenda Item No. 16A21 January 10, 2006 Conservation Collier Malt Property Page 9 of 12 Interžm Management Plan Conservation Collier Malt Property Location Map Rookery Bay National Estuarine Research Reserve \ '\Ç. W \\ \ ~ \ N W+E I o I 1 ,460 Feet I 365 I 730 Data Source: Parcels. Collier County Property Appraiser Created By: GIS I CDES I Environmental Services G:\Conservatlon Collier 2002\ ISCR\MaltIMalt.mxd G:\ConBervation Collier 2002\ ISCRIMalt\Malt1.pg Dat.:9.09.03 / // / / . !// // / . // /,/ . /'/ /'/' // / ~/ / / /' /' // / / ../ ./ . / ///" // .//' / / /' /' ..../ /' // /// /,/ // / / / // / / // / PORT AU PRINCE DR / / / ,6 .,/ /' / /':> / / /-J /' // / ~ / /- // // / //:j / /~8 / / y / pr' / / ~ / / /' . / f'" / / // Legend - Malt Property - Collier County Roads LJ Malt Property c:::J Rookery Bay Folio Numbers: 00741960001 -"'"[~;""~ CÓ!J,îc:!.· County --- --.'" "---'-..- 7 September 2005 Agenda Item No. 16A21 January 10, 2006 Conservation Collier Malt Properfjage 10 of 12 Interim Management Plan EXHIBIT 2: Aerial Map Conservation Collier Malt Property Aerial Map N W+E S Legend - Malt Property - Collier County Roads Malt Property C=:J Rookery Bay I o , 365 I 730 I 1,460 Feet Folio Numbers: 00741960001 Data Source: Parcels· Collier County Property Appraiser Created By: GI& I CDE& I Environmental Services G:\Co....ervatlon Collier 2002\ ISCR\MaItIMalt.mxd G:\Conaervation Collier 2002\ ISCR\MaltIMalt1.jp9 Date:9.09.03 -·j:,~r~,: Ciitria County --......-'----.------- 8 . ._,.",,,,^,.___~.oI"';'_·'·~'_·" September 2005 EXHIBIT 3: Estimated Cost Table Management Element Exotics Control SigI1ag~ Total Initial Cost $25,000 - $40,000 $350 $25,350-$40,350 Agenda Item No. 16A21 January 10, 2006 Conservation Collier Malt Propertfage 11 of 12 Interim Management Plan Annual Recurring Costs RBNERR 9 Initial cost ranges from $300 - $500/ acre if no funds can be obtained from Bureau of Invasive Plant Management 4; XS;sigl1åµd post ~c.oN N¡;::a......- <r U .... ..J . '-' ...... 0"'- Z ;>.<1) .....0) Eroro <1)::J0- ......c: -ro rn-, "'0 c: <1) 0) « OUE-<or- >< enUJo..or- -<~Oor- -,;:::J""":¡or- ....,~Zo r- :;S-<>,o r- -<o..P:::or- :;S-<P:::or- µ,.,UJ¡:Qor- -,-<Zor- QUJUOI.O ZO>OI.O >< OUE-<OI.O >< enUJo..ol.O >< -<~OOI.O >< -,~""":¡01.O >< -,~ZOI.O >< :;s-< >'0 1.0 >< -<o..P:::OI.O >< >< :;s-< P:::o 1.0 >< >< µ,.,UJ¡:QOI.O >< -,-<ZOI.O >< >< QUJUoV") ZO>oV") ëa ;> 0 8 - Q) ~ P::: u ¡:: ¡:: ... ¡:: ~ ~ u co ... ..9 0 <+-<""5- - ... ° ~ - o_ x ~ c: ¡:: UJ - 0 Q) ;;>',l:i ~ '.;j 8 Q) ..... ::r:: u rn ~ ~ ;> ;... c: ... c: ~ - rn S-g ~ ... Q) ¡:: ;> COrn .~ Q) Q) o ~ ¡:: o:::¡p::: en U E - Q) ¡:: j u E ¡.:: ¡:: .g ..... ~ ..... ¡:: Q) 8 Q) ~ - -0 Q) ..... ~ S ... ..... rn W -.::t E-< - ¡:Q - ::r:: >< w Agenda Item No. 16A22 January 10, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve an Interim Management Plan for the Watkins/Jones property under the Conservation Collier Land Acquisition Program OBJECTIVE: Request approval of the attached Interim Management Plan for the Watkins/Jones property and direction to the County Manager, or his designee, for its implementation. CONSIDERATIONS: The Conservation Collier Ordinance, 2002-63, section 14(1), requires that, no later than sixty (60) days from the date of acquisition, an Interim Management Plan shall be submitted by County staff to the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) for approval. Upon approval, the plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented according to the Board's direction. Subsequent to the Interim Management Plan, a final plan is to be presented to the Board within two (2) years. On December 12, 2005, staff submitted an Interim Management Plan for the Watkins/Jones property to the CCLAAC which had previously been approved by the Lands Evaluation and Management Subcommittee. The CCLAAC unanimously recommended approval. ~h. FISCAL IMPACT: The first year cost of land management activities has been estimated to be $37,625 depending on what grant assistance is available for exotic removal. Funds are budgeted within the Conservation Collier Land Management Fund to accomplish these activities. GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the Recreation and Open Space Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63), in section 14, provides a legal framework for development of management plans and for use of environmentally sensitive lands. Recommendation of the Interim Management Plan for the Watkins/Jones parcel by the Conservation Collier Land Acquisition Advisory Committee for Board approval falls within this legal framework. RECOMMENDATION: That the Board of County Commissioners approve the attached Interim Management Plan and direct the County Manager, or his designee, to implement it for the Watkins/Jones parcel. PREPARED BY: Alexandra J. Sulecki, Sr. Environmental Specialist, Coordinator, Conservation Collier Program, Environmental Services Department "..,.. , Item Number: Item Summary: Meeting Date: Agenda 11em No. 16A22 January 10. 2006 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A22 Recommendation to approve an Interim Management Plan for the WatkinsíJones property under the Conservation Comer Land Acquisition Program 1/'10/20069:00:00 AM Senior Environmental Spfl,cìalist Date Prepared By Alexandra J, Sulecki Community Development & Environmental5ervjc.es Environmental Services 12/1912005 12,06,27 PM Constance A. Johnson Date Approved By Communrty Development & Environmental Services Operations Analyst Community Oevelopntent & Environmental Services Admin. 1 Zl191200£ 3,22 PM Approved By Environmental Services Director Date William D. Lorenz, Jr., P,E. Community Development & Environmental Services Environmental Services 12119/20053:24 PM Sandra Lea Date Approved By Community DRvelopment & Environmental Services Executive Secretary Community Deveiopmenl &. Environmental Services Admin. 12/19/20054:04 PM Approved By Date Joseph K, Schmitt Community Development & Environmental Services community Development & Environmental Services Adminstra10r Community Development & Environmental Services Admín, 12/19(20055:28 PM OMB Coordinator Administrative Assistant Date Approved By County Managers Office Office of Management & Budget 121%11200510:20 AM Mark Isackson Budget Analyst Da" Approved By County Manager's Office Offícc of Management & Budget 12/22/20059:12 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management &. Budget 12127/20063:10 PM Approved By County Manager Date J..mes V. Mudd Board of County Commissioners County Manager's Office 1 V2812005 4:03 PM .."~,.,-_......^...",-- Agenda Item No. 16A22 January 10, 2006 Page 3 of 12 Conservation Collier Watkins-Jones Property Interim Management Plan Prepared By: Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 December 2005 October 2005 Agenda Item No. 16A22 January 10, 2006 Conservation Collier Watkins-Jones Page 4 of 12 Interim Management Plan Table of Contents 1.0 Purpose and Scope of the Interim Management Plan......... ........ ............. 3 2.0 Management Authority and Responsibilities......................··············.. 3 3.0 Interim Site Plan........................ ........................... ................... 4 3.1 Location and Site Description .............................................. 4 3.2 Signage.. .. . . . .. . .. .. . . . . . .. .. .. . . ... .. ... . .. .. . . . .. .. . . .. . . ...... . .. . . .. . . . . . .. 4 3.3 Easements, Concessions or Leases ...... ... .., ... ... .., ... .., .,. .,. ..... .... 4 3.4 Structures.......... .................... ...... ..................... ..... ......... 4 3.5 Surrounding and Adjacent Land Uses............ .................. .......... 4 4.0 Interim Management Objectives... ......... ...... .... ..... ...... ...... ...... ....... 4 4.1 Natural Resource Protection............ ..................................... 5 4.2 Site Security... ., . . . . .. . . . . . . . ... . .. .. ... .. .. . .. . . . . . . . .. . . .. . .. . .. ..... .. . . . ... 5 4.3 Exotic Vegetation Removal and Maintenance Plan..................····.. 5 4.4 Debris Removal.......... ........... .., ...... ......... ...... ...... ... .., ....... 6 4.5 Cultural, Historical and Archaeological Resource Protection............ 6 4.6 Public Access... ............ ............................. ..... ........ ......... 6 4.7 Site Monitoring Plan.............................·......·..···.. ..... ......... 7 5.0 Exhibits...........................................···································..··· 8 EXHIBIT 1: Location Map EXHIBIT 2: Aerial Map EXHIBIT 3: Estimated Cost Table EXHIBIT 4: Implementation Timeline 2 "'-"-'-.-- >~,-_....-..,. October 2005 Agenda Item No. 16A22 January 10. 2006 Conservation Collier Watkins-Jones Page 5 of 12 Interim Management Plan 1.0 Purpose and Scope of the Interim Management Plan The Watkins-Jones property was purchased by Collier County in August 2005 with funds from the Conservation Collier program. The property will be managed only for conservation, protection and enhancement of natural resources and for public outdoor recreation that will be compatible with the conservation, protection and enhancement of the site and its surrounding lands. This Interim Management Plan is intended to identify the key management priorities and issues within the site and give direction for management for the next two years. This document is meant to be the precursor to a Final Management Plan, which will outline more specific aspects of site management. Kev Interim Management Obìectives 1. Protect, manage and restore (as appropriate) the native habitat on site 2. Detennine what actions will be necessary to open the site for public access 3. Explore opportunities for grant funding and partnerships 4. Meet with community members who have an interest in this property and obtain feedback for Final Management Plan Action Plan I a. Remove and manage invasive exotic vegetation 1 b. Plan for native vegetation restoration if necessary 2a. Install temporary Conservation Land signs along US 41 boundary 2b. After initial exotic vegetation removal is complete, detennine and begin the appropriate actions necessary for developing public access. 2c. Obtain a survey of the north boundary line. 3a. Explore possible exotic vegetation removal grants from USFWS and FL DEP. 4a. Meet with members of the North Bay Civic Association and neighboring developed property owners for management plan input 4b Develop a Memorandum of Understanding with Future Citizens, Inc. group for access to property by children's groups. 2.0 Management Authority and Responsibilities The Collier County Environmental Services Department will be solely responsible for managing the Watkins/Jones property, but will seek to obtain grants, and utilize partnerships and volunteers for management activities. 3.0 Interim Site Plan 3.1 Location and Site Description The Watkins/Jones property is within the urban boundary of Collier County located along US 41 just south of Wiggins Pass Road and south of the Gennain Automobile dealership in Section 16 Township 48 Range 25, in the northwest comer of Co llier County, Florida. 3 October 2005 Agenda Item No. 16A22 January 10, 2006 Conservation Collier Watkins-Jones Page 6 of 12 Interim Management Plan The undeveloped 26.77 - acre site contains various native plant communities, including pine flatwoods, mangrove forest and both saltwater and freshwater marshes. 3.2 Signage A temporary sign identifying the property as Collier County conservation land will be posted along US 41. A temporary no trespassing sign will be posted along the northern border. 3.3 Easements, Concessions or Leases No easements, concessions or leases currently exist within the site, nor are any easements, concessions or leases proposed for the future, unless they further conservation objectives, such as a conservation easement. 3.4 Structures There is an eagle observation platform constructed by Future Citizens, Inc. located on or near the north property boundary. This platform is currently being used by children staying at the camp to view the eagle nest. A survey of this boundary to determine the exact location of this structure is needed to be certain it does not encroach on the Watkins/Jones parcel. 3.5 Surrounding and Adjacent Land Uses The Watkins/Jones parcel is adjacent to developed commercial property (Germain Automobile Dealership) and a children's camp (Future Citizens, Inc.) on the north side, developed residential on the west side (Gulf Harbor Subdivision) Conservation land and Wiggins Bay Estuary on the south, and US 41 on the east. 4.0 Interim Management Objectives 4.1 Natural Resource Protection Existin2 V e2etation: Ground Cover: Pine flatwoods - native grasses and herbaceous plants Mangroves - Giant leather fern (Acrostichum danaeifolium), swamp fern (Blechnum serrulatum) Saltwater marsh - marsh elder (Iva frutescens), sea oxy daisy (Borrichia frutescens), Christmas berry (Lycium carolinianum), black needle rush (Juncus roemerianus), cordgrass (Spartina spp.) Freshwater marsh - sawgrass (Cladiumjamaicense), swamp lily (Crinum americanum), Giant leather fern (Acrostichum danaeifolium), umbrella sedge (Fuirena), native wetland grasses (Distich lis spp. & Paspalum spp.) Midstorv: Pine flatwoods - Saw palmetto (Serenoa repens), galberry (flex glabra), sumac (Rhus copallina), wax myrtle (Myrica cerifera), rusty lyonia (Lyonia sp.) with quite a bit of exotic downy rosemyrtle (Rhodomyrtus tomentosus) Mangroves - saltbush (Baccharis halimifolia), Indigo berry (Randia aculeata) 4 ....""'--'. October 2005 Agenda Item No. 16A22 January 10, 2006 Conservation Collier Watkins-Jones Page 7 of 12 Interim Management Plan Saltwater marsh - no midstory plants Freshwater marsh - no midstory plants Canopy: Pine flatwoods - slash pine (Pinus elliotti), cabbage palm (Sabal palmetto) with some scattered melaleuca (Melaleuca quinquenervia) Mangroves - red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans) white mangrove (Laguncularia racemosa), buttonwood (ConocaTpus erectus) Saltwater marsh - scattered buttonwood (Conocalpus erectus) Freshwater marsh - pond apple (Annona glabra) Unique Natural Features: The site contains saltwater and freshwater marshes, both considered unique and endangered by Ordinance 2002-63. These wetlands buffer and protect the Wiggins Pass Estuarine System, designated as an Outstanding Florida Water. An active bald eagle nest exists on the parcel. Possible Listed Suecies: The observed habitat and location would support presence of the following listed species: bald eagle (Haliaeetus leucoceph, alus) common snook (Centropomus undecimalis), American alligator (Alligator mississippiensis) and FFWCC SSC wading bird species: little blue heron (Egretta caendea), reddish egret (Egretta rufescens), snowy egret (Egretta thula), tri-colored heron (Egretta tricolor), white ibis (Eudocimus albus), roseate spoonbill (Ajaia ajaja). Wood storks (Mycteria Americana) have been observed on the property. Exotic Ve2etation: Invasive exotic plant species observed include: air potato (Dioscorea bulbifèra), Australian pine (Casuarina spp.), Brazilian pepper (Schinus terebinthifolius), climbing fern (Lygodium spp.), downy rosemyrtle (Rhodomyrtus tomentosus), earleaf acacia (Acacia auriculiformis), java plum (Syzygium cumini), melaleuca (Melaleuca quinquenervia), shoebutton ardesia (Ardisia elliptica), banana (Musa sp.) 4.2 Site Security There is currently no known site security issue associated with the Watkins/Jones property. Dense vegetation and/or wetlands at all property borders make access very difficult; however, as a precaution, a temporary no trespassing sign will be posted along the northern border. Once initial exotic vegetation removal has been completed, potential site security issues will be assessed. 4.3 Exotic Vegetation Removal and Maintenance Plan The Collier County Environmental Services Department will hire contractors to treat the exotic vegetation on the site. Approximately 10 acres of uplands and non-mangrove wetlands are affected to a significant degree by exotic vegetation. If possible, the dense exotic vegetation along the north and east boundaries that is visible from US 41 will be 5 Agenda Item No. 16A22 January 10. 2006 Conservation Collier Watkins-Jones Page 8 of 12 Interim Management Plan cut and removed. Because it is difficult to access, the remaining exotic vegetation throughout the property will be treated in place and remain onsite. October 2005 4.4 Debris Removal Currently, staff is not aware of any large trash items existing on the property. 4.5 Cultural, Historical and Archeological Resource Protection The Watkins/Jones property is not within an area of historical and archaeological probability, and no historical or archaeological sites appear to be present on the property. The County will notify the Division of Historical Resources immediately if evidence is found to suggest any archaeological or historic resources are discovered. If such resources are identified on-site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered, per provisions of the Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical resources. The management of these resources will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b). 4.6 Listed Species Protection Staff will evaluate needs for protection of existing eagle nest. 4.7 Public Access Public access will be restricted until a path plan can be established; however, staff shall work with the owners of the Future Citizens, Inc. property to the north to develop an agreement for access by children's groups using the Future Citizens' site for educational and recreational activities. 4.8 Site Monitoring and Long Term Management Plan Monitoring of the site shall consist of invasive exotic vegetation re-treatment and listed species population surveying. The Environmental Services Department shall be responsible for property maintenance with tasks contracted out as deemed necessary. The site will be monitored for exotic vegetation re-growth semi-annually for two years following initial treatment. After two years, exotic vegetation will be monitored on a yearly basis. Staff will work with the North Bay Civic Association to coordinate any volunteer efforts in this regard. 4.8 Partnerships Staff will seek out and evaluate potential for other types of partnerships for conservation, protection, educational, and funding opportunities. Staff will explore possible grants for invasive exotic vegetation removal including: USFWS South Florida Coastal Ecosystems Program, USFWS Partners for Fish and Wildlife Program (Conservation Collier Cooperative Agreement Modification would be required) and FLDEP Bureau of Invasive Plant Management Working Group Program. 6 October 2005 Agenda Item No. 16A22 January 10, 2006 Conservation Collier Watkins-Jones Page 9 of 12 Interim Management Plan 5.0 Exhibits EXHIBIT 1: Location Map Conservation Collier Location Map Watkins . Jones r I - WAlKERBll i RD HO RES AVE W+E S Legend -Watkins - Jones - Collier County Roads ~ Conservation Easement [ZJ Watkins - Jones o 500 1 ,000 2,000 Feet Folio Numbers: 00154880008 Data Source: Parcels· Collier County Property Appraiser Created By: CIS ICDES I Environmental SeNic.. C:\Conservatio. Collier 2882\ ISCR\C)/Cle2\W.l1.mxd C:\Conservatio. Collier 2882\ ISCR\C)/Cle2\W.l1 Jpg Date: &.18.Ød -_¡;!,e;;,þ'¿_ C~!~îl':' County ~"_..- -- -........--'" 7 October 2005 Agenda Item No. 16A22 January 10, 2006 Conservation Collier Watkins-JoneS'age 10 of 12 Interim Management Plan EXHIBIT 2: Aerial Map Conservation Collier Aerial Map Watkins . Jones w+, .!! Legend -Watkins - Jones Watkins· Jones , I I I I I I I I o 250 500 1 ,000 Feet Folio Numbers: 00154880008 Data Sour~e: Par~els and 2003 aerials· Collior County Property Appraiur Created By. CIS! CDES! Environmental SelVi~es C:\Conservation Collier 2082\ ISC~Cyele2\WJ2.mxd C:\Conservation Collier 2082\ ISCR\Cyele2\WJ2JPI Date: 6.18.04 c'8flf1:1' County ...-^~'-'""""-,;(- 8 " ." "" ....~.._..- October 2005 EXHIBIT 3: Estimated Cost Table Management ;Element ,<,:~': 'c. :,:~ . . Exotics Control TrashRemo\ýal· Temporary "No Trespassing" sign $37,500 t.b.d; $25 Agenda Item No. 16A22 January 10, 2006 Conservation Collier Watldns-Jone~age 11 of 12 Interim Management Plan Annual . .., R.~c~fl'!pg Ços!$ $4,500 Initial cost depends on method of removal selected. Cost estimated on most expensive method. n/a Total $37,625 $4,500 + 9 NtON N.="- <' , ) .'J O~'r""" Z>.Q) ~O) EcuCU Q)::::¡o.. _c -cu CU' -0 r:: Q) 0) « OUE-<or- U)~~or- ~::Jdor- -,::J~or- -,::JZor- :E~>-or- ~~¡:Z:::or- :E~¡:Z:::or- ¡:.¡..~~or- -,~Zor- O~UO\O ZO>o\O OUE-<o\O u)~~o\O ~;:;do\O -.;:;~o\O o t:i ~ o s t=: t:i o .... ..... :oj ~ o S o "õ. 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('j .~ S t:i ."\=: 0 ro uuS Agenda Item No. 16B 1 January 10, 2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve an Easement Agreement and accept a Drainage Easement for the purpose of installing a pipe to connect new and existing underground culverts to alleviate the storm water flooding which occurs in the Twin Lakes subdivision along Granada Boulevard. (FY 2006 Project 510058) (Fiscal Impact $21,000 plus recording fees,) OBJECTIVE: To obtain the Board of County Commissioner's approval of an Easement Agreement and acceptance of a Drainage Easement between Mr. Darwin Pace and Collier County that will enable an underground pipe to be installed and connected to additional underground pipes that are currently being installed along Granada Boulevard within the scope of a Board approved StoI111water Department project to alleviate the flooding in that area. CONSIDERATIONS: On June 14, 2005, the Board of County Commissioners approved a work order for the StoI111water Department to hire D.N. Higgins, Inc. to begin construction of the Twin Lakes Interconnect Project (FY 2005 Project 510054; FY 2006 Project 510058). For literally decades, the Twin Lakes community has been experiencing flooding after heavy rains. Granada Boulevard, which runs east/west is the main two lane road within the Twin Lakes subdivision, connecting two of Naples major north/south roads, U.S. 41 and Goodlette-Frank Road. With the improvements to the drainage canals and pipes being planned for 2006, during the Goodlette-Frank Road widening project, the StoI111water Department is able to coordinate the necessary improvements within the Granada Boulevard section. A number of culvert pipes are currently being installed underground along Granada Boulevard. As referenced in the aerial of the parcel area (Exhibit "A"), there is a small lake to the north of Granada Boulevard, behind the property owned by Mr. Pace. One of the pipes currently in place in another location leading from the lake to a connecting underground pipe is no longer operating at full capacity due to its age and poor condition. A new pipe is not able to be re-installed in the same location; therefore, Mr. Pace has agreed to sell the County an easement the width of his property (from the lake to the Granada Boulevard right-of-way) to install the new pipe. This new pipe has a life expectancy in excess of fifty years. The County Review Appraiser valued the property in that area at $50 per square foot as a fee simple parcel. The easement in question is 960 square feet and is being acquired for $22 per square foot ($21,000). The owner has agreed to this amount of $2 I ,000, subject to approval by the Board of County Commissioners. FISCAL IMPACT: Funds for this acquisition are available within the StoI111water Management CIP Fund (325). The source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the COill1ty'S Growth Management Plan. ...,-.... RECOMMENDA TIONS: That the Board of County Commissioners of Collier County, Florida: ."",_"",....-¡J<.,..." Agenda Item No. 1681 January 10, 2006 Page 2 of 11 1. Approve the attached Easement Agreement (Exhibit B) and authorize its Chairman to execute same on behalf of the Board; 2. Accept the Drainage Easement (Exhibit C) interests conveyed thereby; and 3. Authorize Staff to perform all tasks necessary to procure this parcel and complete all steps of the acquisition, inclusive of the cost of recording and other associated fees; and 4. Approve any budget amendments which may be required to cany out the collective will of the Board. Prepared By: Hope Brack, Senior Property Acquisition Specialist, Transportation Engineering & Construction Management Department Attachments: (1) Exhibit "A" (Aerial Photograph) (2) Exhibit "B" (Easement Agreement) (3) Exhibit "C" (Drainage Easement) Item Number: Item Summary: Meeting Date: Agenda Item No. 16B 1 January 10, 2006 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMtSSIONERS 1681 Recommendation to approve an Ea$ement Agreement and accept a Drainage Easement for the purpose of installing a pipe to connect new and existing underground culverts to alleviate the storm water flooding which CCCI,Jr5 in Ihe Twin Lakes subdivision along Granada Boulevard. (FY 2006 Project 510058) (Fiscal Impact $21,000. plus recording fees) 1/10/200690000 AM Senior Property Acquisition Specialïst Do" Prepared By Jennifer Hope Brack Trnnsportation Services TECM-ROW 11122/2005 9:49:13 AM Date Approved By Jennifer Hope Btack Transportation Services Senior Property Acquisition Specialist TECM-ROW 11/29/20051:57 PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation DivisÎon Administrator Tran6portation Services Admin. 11/30/20057:34 AM Purchasing Agent Date Approved By Brenda BrUhart AdminiS'trattve Services Purchasing 12/5/2005 4:00 PM Date Approved By Eugene Calvert Tran6portations Services Principal Project Manager Transportation Engineering and Construction Management 12/5/2005 4:5D PM Date Approved By Gloría Herrera Transportation Services Management/Budget Analyst Stonnwater Management 12/1512D0510:06 AM D~ttc Approved By KevÎn Hendricks Transportation Services Right Of Way Acquisition Managor TECM-ROW 12/16'/20053:40 PM Date Approved B)' Naje:h Ahmad Transportation Services Director Transportation Engineering & Construction Management 12/19/200510:55AM [)a.o Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 12/19/2005 1 :40 PM Dote Approved By Lorraine Lantz Transporta1ion Services Right or Way Coordinator TECM-ROW 12/19/20051:48 PM Date Approved By Gerald Kurtz Transportation Services Senior EngIneer Stormwater Management 12/19/20051:54 PM Date Approved By Pa1 Lehnhard Transportation Services Executive Secretary TranSftortation Services Admin 12/19!2D05 2:00 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Oftìce of Management & Budget 12119!2005 2:50 PM Date Approved By Mark Isackson County Manager's Office Budget Analvst Office of Management & Budget 12/20/2005 B:25 AM Date Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Offïc-e of Management & Budget 12/21/2D051:58 PM [)ate Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 12/21/20054:33 PM [)ale Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 12/271200511:37 AM '·c_._..__",..",_,.~,""" .' Agenda Item No. 1681 January 10. 2006 Page 4 of 11 PROJECT: TWIN LAKES INTERCONNECT PARCEL: BLOCK 17 LOT 23 FOLIO: 63457000001 EXI-IBIT ~ Page -1..Jf...:L- EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of , 2005, by and between DARWIN PACE, whose mailing address is 1403 Genoa Street, Coral Gables, Florida 33134-2340 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida. its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser") . WHEREAS, Purchaser requires a perpetual, exclusive Drainage Easement over, under, upon and across the lands described in Exhibit "An, which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Easemenn for the sole purpose of installing and maintaining an underground culvert; and WHERAS, Purchaser agrees that after completion of installation no vehicular or pedestrian traffic will enter upon the easement for any purpose other than to inspect, remedy and/or maintain suspected structural damage. WHEREAS, Owner desires to convey the Easement 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 Easement. 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 Easement to Purchaser for the sum of $ 21,000.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 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 Easement 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 Easement to Purchaser, including all attorney's fees and other fees and costs. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public iecords of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; 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 EXHIBIT 17 Easement Agreement Page --Lot-::!::::. Agenda Item No. 16B 1 January 10, 2006 Page 5 of 11 Page 2 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 conveyance instrument to Purchaser in a form acceptable to Purchaser. 5. Owner is aware and understands that the "offerll to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement 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 underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. 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 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. 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. 9. 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. 10. Conveyance of the Easement 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. ,- ...---...,._--",-~_.. Easement Agreement Agenda Item No. 16B1 January 10, 2006 Page 6 of 11 Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 2005. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: FRED W. COYLE, CHAIRMAN AS TO OWNER: DATED: /D -/~r'2-bD-(' ~ ~~~ . DARWIN PACE itness (Signature) ~~ Nam~' c.. I LUM ~ 6L (Print or Type) EXHIBIT ~ Page~of--L- ley -"-._- - ----." ~ N o BLOCK 17 LAKE SCALE: 1" = 30' ® '();.> vY tfl.{.,131 í " .. ,4 Agenda Item No. 1661 January 10, 2006 Page 7 of 11 ® ------ 0' ~ O,~') \.ó . \3\..\'0. G~¡"I'I¡"O" LEGAL DESCRIPTION ALL THAT PART OF LOT 23 BLOCK 17 FIRST ADDITION TO NAPLES TWIN LAKE AS RECORDED IN PLAT BOOK 4 PAGES 52 AND 53 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: THE EASTERLY 8.00 FEET OF Tl-iE WESTERLY 9.00 FEET OF THE AFORESAID LOT 23: CONTAINING 920 SQUARE FEET OF LAND MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: & RUNDAGE..... Proten1onal engineers, planners, &: land lIurveyon CeDi... COUII.t3': Sui'" 200, '14-00 Tuúuai TnU. Henhj .....p.1u. PI. 31101 (U'}6;"1-11111 LI. c.....~ ''"0 Coooa'\l1. Boat. IIWw IDa: !lDQtw I,prbap, no MID (aal)l4...'..8 CvWJoat. or AlatJud'ilUl.Uq NOlI. IJJ .IM .ad U 18e. '_1 {1I1)HIt-lao, EXHl~rr 4- Page f ...:I..- GENERAL NOTES' 1, DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. CURVE DIMENSIONS ARE AS FOLLOWS: " ~ DELTA ANGLE, R = RADIUS, A = ARC DISTANCE, CH - CHORD DISTANCE AND CHB = CHORD BEARING 3, R.O.W. INDICATES RIGHT-OF-WAY. 4. THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE EAST ZONE, NAD 83/90 ADJUSTMENT. *NOT 17 26SEP05 BY: GEORGr/1';/~H \<:~?".,P~'..'..NO, 5606 . ", ; '., ' f,· . ,,~).'\t ,.... ," SCALE:1""'-'30'I:rrDÂ,cH~:: JU" 5 2005 DRAWN BY:..:.....IB.A·'·,PROJECT"·NO.: 04-0096 ACAD NO: 9140""'23SDR FILE NO: 9140 "'.'-'''"'"'^" PROJECT: Twin Lakes Interconnect PARCEL: Lot 23 FOLIO #: 63457000001 Agenda Item No. 1681 January 10, 2006 Page 8 of 11 DRAINAGE EASEMENT THIS EASEMENT is made and entered into this _ day of ,2005, by DARWIN PACE whose mailing address is 1403 Genoa Street, Coral Gables, Florida 33134- 2340 (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sUfficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, exclusive easement to enter upon and to install and maintain an underground drainage culvert on the following described land located in Collier County, Florida, to wit: See attached Exhibit" A' which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT NOW NOR HAS IT EVER BEEN HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of installing and maintaining drainage facilities thereon. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. (Remainder of page left intentionally blank) EXHIBIT C, Page-Lof~ Agenda Item No. 1681 January 10. 2006 Page 9 of 11 '~~~ ~/ DARWiN PACE ./ Witness - Signature UOIJI/f IJ.D Witness - Print STATE OF: COUNTY OF: Sworn to and subscribed before me this 1.3- day of c:> ¿:J--o be..- , 2005, by DARWIN PACE, who ~ is personally known to me, OR, _ who has produced as proof of identity. ~r- ~ (8ig re of Notary Public) ~~A",," ~iY\'\..'t.·t\.!"" (Print Name of Notary Pu IC) (affix notarial seal) = ,fp'~~' ~~~-to JORDANA SELIGMAH ..W. MY COMMISSIOIH DD 117577 .~ EXPIRES:!'Aj14.2IIOII "'~~Hdt- rt(J"dedTIIt\BiIII!II1Nðlary~ Serial/Commission # (if any): It My Commission Expires: '5 t..t /~ f EXHIBIT --L. Page-Lof -Í- -'.----.--,..-.-...-- ~ N o BLOCK 17 LAKE SCALE: 1" = 30' ~ \ \ 900 ".\-~ . ~ ~S\'t: .00 è ~ \.~ß-;9.() t.Þ.S~S\t.\'.\. Þ.\"þ.G~1' :s-.ì \'<'-t. ¡\"It. Ù \)\'. 9~0 . \ ~ 1'.0~0~t.~\. V \.~ t.þ.S't: ® ® t.~ \ ~~ \ ~~ \ ~ \ ~ \ 1:041>\0;, o;,\o;,o;,()OG~ 0;,61 ,.0. ß ~I> S11'.1>1' 0>(.. 0;,\ 01'.. eO I'I>Gt. Ol>í'-*" L-~ ()DJ fltfrß(7 Agenda Item No 1681 January 10, 2006 @ ----- , .., o.~·) (õO ". '6\..\IÍJ' (,\1."","01> THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: W 8.00' OF THE E 9.00' OF LOT 2.3. BLOCK 17 II CLIENT: COLLIER COUNTY STORM WATER MANAGEMENT · · · : ARBER '" ......1£) ::::UIDRUNDAGE..... Professionel en¡ineen, ptannen. k la.nd lurveyors CbW.. C__y:: IhdtIt ZClO, "DO TamJUD.1 'fraß, Morl.h: Nati.., n. UJOI (2H)lI'J'-aUl IA. eo..\1t tOlÞO C-.at bad.. &uIW 'OIl 1I~'" Sprtap. n. M136 (IIIJ)HI-Ien tilrlIftaate DI J.1ItbGr1uUOa MOL La HU au' D 16M Pax: (1I1J)DN-1108 I EGAL DESCRIPTION ALL THAT PART OF LOT 23 BLOCK 17 FIRST ADDITION TO NAPLES TWIN LAKE AS RECORDED IN PLAT BOOK 4 PAGES 52 AND 53 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY B.OO FEET OF THE WESTERLY 9.00 FEET OF THE AFORESAID LOT 23; CONTAINING 920 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EXHIBIT -L Page :$ of-L- GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. CURVE DIMENSIONS ARE AS FOLLOWS: 6 = DELTA ANGLE. R = RADIUS. A = ARC DISTANCE, CH = CHORD DISTANCE AND CHB ~ CHORD BEARING 3. R.O.W. INDICATES RIGHT-OF-WAY. 4. THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE EAST ZONE, NAD 83/90 ADJUSTMENT. *NOT A SURVEY* BY: 26SEP05 KNEY, P.S.M. NO. 5606 SCALE: 1" - 30' DATE: ,JUl. 5 2005 DRAWN BY:--IRA PROJECT NO.: 04-0096 ACAD NO: 9140-23SDR E!LLlliL 9140 to .,- CP-,,: ( :> .,- o '-' .,- z""""W E~OJ wco&: .....:;;:¡ -c roco "0 "J C W OJ « ~ ~ !:: m J: >< W C IQ of :::¡ :;. ~ ~ a> o Õ .c; Co. -¡¡¡ .t:: ~ ..., -q UJ t·f œ: :s 0 > -I (D « >- ° ..Q « z VI' ...... « 0 æ: 4V 0 c;. 0 (,) VI' 0 (J') :&.. ±:: 0 z IJ) r:¡: :::¡: r--~(f) c: D.. VI' ~ .,- CII (f) .. 0 :&.. c.o«Q> "C -- ~ a: ..O¡: VI' c: ~ Ìi>LÜ!! (,) :&.. (p ~ :::¡: .c .c .Qc;.- ~ æ c: (.) (.) E~~I -¡: "C :&.. G) 0 :&.. ,., =c.~ rs D.. rs ....I :&.. G) (p = &; ~ ..1 ....I . ~ ~ (/) Q I'" 4> . c: (/) -- c ... . - . Õ(!;t:> . . u..=. :;< =. õ UJ ~ < :v '" ::! ,J'þ új ".~ õ? Agenda Item No. 1682 January 10, 2006 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve a change order in the amount of $296,500.00 to CH2M Hill, Inc. amending contract #05-3774 Gordon River Water Quality Park (project No. 510185) Engineering Design contract, OBJECTIVE: To add services to existing contract #05-3774 by change order to assist the Transportation Services Division, Stonnwater Management Department in the design of the Gordon River Water Quality Park. CONSIDERATIONS: The Gordon River Water Quality Park Engineering Design project includes the preparation of construction plans and pennitting for the construction of a 50-acre water quality park to be located east of Goodlette-Frank Road and north of Golden Gate Parkway within the City of Naples. The project includes water quality improvement and flood protection within the Gordon River Watershed. This project will also create an aesthetically pleasing passive educational/recreation park facility, which not only minimizes environmental impacts, but helps create a natural habitat where flora and fauna can flourish. Additional design services include Aquifer Storage and Recovery (ASR) feasibility, site evaluation, secondary or back up wetland hydration system design, pennitting services, and the design of the education building. Under the original scope of services, these items were to be developed under a separate amendment to the contract. FISCAL IMPACT: Funding in the amount of $296,500.00 is available in Fund 325 Gordon River Water Quality Park Project (Project No. 510 185). The source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: This request is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: That the Board approve a change order for the "Gordon River Water Quality Park-Design" in the amount of $296,500.00 with CH2M-Hill, Inc. Prepared By: Margaret A. Bishop, Senior Project Manager, Transportation Services Division, Stonnwater Management Department Item Number: Item Summary: Meeting Date: Agenda Item No. 1662 January 10. 2006 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B2 Recommendation to approve a change order in the amount of $296,50000 to CH2M Hill. Inc amending contract #05-3774 Gordon River Water Quality Park (project No 510185) Engineering Design contract 1/1012006900:00 AM D... Approved By Eugene Calvert TransJOrtations Servic~s Principal Project Manager Tmnsportation Engineering and Construction Management 12114/20051:48 PM Contract Specialist Daie Approved By Rhonda Rembert Administrative Services Purr.hasing 12/14120052:27 PM Transporta!ion Division Administrator Date Approved By Norm E. FedeL AICP TranSI>onation Services Transportation Services Admin. 12/14120054:39 PM purchasing/General Svcs Director Date Approved By Steve Carnell Administrative Services Purchuing 12/15120068:37 AM Glorin Herrera Management/Budget Analyst Date Approved By Transportation Services Storrnwater Management 12í15/2005 10:03 AM Approved By Acc.ounting Supervisor Date Sharon Newman Transpol1ation Services Transportation Services Admin 12.f19!2005 2:08 PM Executive Seçretary Date Approved By Pat Lehnhard Transportation ServÎces Transponation Services AdmÎn 12f2'Of2005 11:12 AM Administrative AssiSUtnt Date Approved By OM8 Coordinator County ManAger's Office Office of Management & Budget 12/21/200510:11 AM Susan Usher Senìor Managemen1iBudget Analyst Date Approved By County Manager's Office Office of Management & Budgel 12/21/20051 :06 PM Michael Smykowski Mnnagement &. Budget Director Date Approved By County Manager's Office Office of Management & Budget 12/21/2005 ~:36 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 12/21/20057:38 PM · ~r.;: Agenda Item No. 1682 January 10, 2006 This change order will go on the Finance log and will be approved at the January 10,2006 Bce meet6igge 3 of 16 Date: December 13,2005 E-Mailed To Bonnie: ~I Project Name: Gordon River Water Quality Park - Engineering Design Project Number: 510185 BID/RFP #: 05-3774 Mod#: 2 "- & '70/ ~.,J ' PO#: 4500046366 Work Order Number: Contractor/Consultant: CH2M Hill, Inc. Original Contract Amount: $ 599. 850.00 (Starting Point) Current BCC Approved Amount: $ 599.850.00 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 659.600.00 (Including All Changes Prior To This Modification) Change Amount: $. 296.500.00 Revised ContractIWork Order Amount: $ 956.100.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractfWork Order: ~ 356.250.00 Percentage Of The Change OverlUnder Current Contract Amount: 44.95 % Overview of change: To add services for ASR (Aquifer Storage and Recovery) permitting to capture water in the wet season and store it for use in the dry season to hydrate wetlands. The education building will promote environmental education and will be used by the County and the community. e contract completion time has been extended to December 31,2006. Contract Specialist:;' if· bate: I t).';/5/J5 y / ' Scanned Date: /,J I sf c< ~.:.::- , Data Entry Information: Type of Change: Change Order Project Manager: Margaret Bishop Department: Stormwater Change Category Type, Circle One Below: 1. Planned or Elective 2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. Value Added 6. Schedule Adjustments Scanned copies of the back up documentation may be located on the Purchasing G drive: Revised 7/11/05 r I I L G:/Current-Changes to Contracts G:I Current - Changes to Work Orders Revised 7/11/05 . ""',< ~ ~... . ø Agenda Item No. 1682 Janu , Page 4 of 16 - "-"-,",..,--_."~,,. -.-._~._" CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 1682 January 10, 2006 Page 5 of 16 PROJECT NAME: Gordon River Water Quality Park - Enaineering Desian PROJECT #: 510185 .it BIDIRFP #/: 05-3774 MOD #: Nfl(" PO#:4500046366 WORK ORDER #:NIA DEPARTMENT: Stormwater ManaGement Original Contract Amount: $ 599.850.00 (Starting Point) Current BCC Approved Amount: $599.850.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $659.600.00 (Including All Changes Prior To This Modification) Change Amount: $296.500.00 $956k..OO fÞ (Including This Change Order) Revised ContractIWork Order Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $356.250.00 Date of Last BCC Approval 5/24/05 Agenda Item # 16B7 Percentage of the change over/under current contract amount 44.~ % Formula: (Current Amount I Last BCC approved amount)-1 . f)IL Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 2/8/06 CURRENT: 12/31/06 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The purpose of this change order is to add $296,500.00 as additional services stated in the original scope of services approved at the BCC March 24, 2005 meeting to include alternatives and system proposal, ASR permitting, engineering design and projec1 management and coordination. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Additional services in the form of ASR permittinc will capture water in the wet season and store it for use in the dry season to hydrate wetlands. The education buildina will promote environmental education and will be used bv the County and the community. PARTIES CONTACTED REGARDING THE CHANGE: Stormwater ManacementDirector. CH2M Hill Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement l Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. Date: j.J. - fr - 0 5 - Date: /9-11:] f/)') I / Revised 4/25/2005 Agenda Item No. 1682 January 10, 2006 Page 6 of 16 CHANGE ORDER CHANGE ORDER NO. 2 CONTRACT NO. 05-3774 BCC Date: 5/24/05 Agenda Item: 1667 TO: Mr. Thomas A. Soriaas, Ph.D CH2M Hill. Inc, 4350 West Cvoress Street. Suite 600 Tampa. FL 33607 DATE: December 7. 2005 PROJECT NAME: Gordon River Water Quality Park - Enaineerina Design PROJECT NO.: 510185 Under our AGREEMENT dated November 16. 2005 You hereby are authOrized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: The purpose of this change order is to add $296,500.00 to be considered additional services stated in the original scope of services approved at the BCC March 24, 2005 meeting to include, alternatives and system proposal, ASR permitting, engineering design and project management and coordination. FOR THE (Additive) Sum of: Two hundred ninety six thousand and fIVe hundred dollars ($296,500.00) Sum of Previous Changes $599.850.00 $ 59.750.00 $ 296,500.00 $956,200.00 Original Agreement Amount This Change Order (Add) Present Agreement Amount The time for completion shall be increased by 326 calendar days due to this Change Order. Accordingly, the Contract Time is now· ( 572 ) calendar days, The substantial completion date is September 30,·2006 and the final completion date is DeCember 31, 2006. Your acceptance of this Change Order shall constitute a modification to our Agreement and wiJl be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance~ The adjustment, if any, to thè Agreement shall constitute a full arid final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: 7l)E~ ,2005 CONTRACTOR: CH2M Hill, Inc. 6~~V-~- ~. Mogg~, Jr., Vice President . OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA .....ì.-1. . By: //Þ-~~a~ Margaret A. ishop, P.E., Sr. Proj ct Manager By: ~~ ~~~~ Eugene C. Calvert, P.E., Director By: Norman Feder, AICP, Administrator --~~-~._-- .".<.,,_....,__...M>...~'" Agenda Item No" 1682 January 10, 2006 Page 7 of 16 SCHEDULE A 05..3774 Gordon River Water Quality Park - Engineering Design Supplemental Agreement No.2 - Scope of Services Transportation - Engineerin~ Desi2II Additional Services Task E Alternatives and System Proposal Task E2: Features of the Proposed Facility · Create an ASR and monitoring well design (wellhead design completed in a subsequent phase), including specifications and drawings to install the wells · File an application for a FDEP Cass V injection well construction permit · Conduct a well inventory to identify competing groundwater uses in the area · File permits with the FDEP and SFWMD allowing the COUNTY permission to drill the ASR test well and associated monitoring wells (see Attachment 1) Lump Sum Fee: $ 25,000 Task E3: Permitting · File application with the Oty of Naples Planning Review Board Attend 1 pre-app meeting with the PRB (Project Manager, Lead Architect), file plan review application with the PRB, attend 1 application meeting with the PRB, County PM, Q-I2M HILL PM, and the Lead Arclútect, Application fees to be paid by the COUNTY. · Prepare pennit application to draw water from the Gordon River to provide secondary water source to maintain hydration during dry season or unexpected periods of drought conditions. Attend 1 pre-app meeting with the FDEP and SFWMD (Project Manager, Water Resource Lead), file pernùt applications, and attend 1 application meeting with the FDEP and SFWMD. Permit fees to be paid by the COUNTY. Lump Sum Fee: $ 31,000 Task E4: Engineering Design · Modify, upgrade, and expand design to public facilities (see Attachment 2) Lump Sum Fee: $173,500 · Provide upgraded design drawings for the pump house facility, extend piping, and increase the capacity of the equipment to transfer water from the __mn......_.._._..__.._..._.....___..___ Agenda Item No. 1682 January 10, 2006 Page 8 of 16 Gordon River into the treatment wetland system. Additional equipment may include larger pumps or additional pump equipment plus at least one pipeline from the river to the lake/wetland system in the event that the water supply is insufficient from the Goodlette-Frank Road canal system. Lump Sum Fee: $ 35,000 . Conduct survey of Golden Gate Parkway W /B lanes, median, and sidewalk areas from the Gordon River to a point approximately 1500 ft west to facilitate a modification to the park design drawings to allow a right-turn into and a left-turn out of the park facility. Included in this design modification will be additional traffic planning for public access to main parking facility off Golden Gate Parkway.· . Lump Sum Fee: $ 20,000 Task F Project Manasement and Coordination · Project management services and coordination for additional services . Time extension for additional design services (no cost): 9 months Lump Sum Fee: $ 12,000 Total for Tasks E &: F: $296.500 Agenda Item No. 1682 January 10, 2006 Page 9 of 16 SCHEDULE A, AITACHMENTNO.l 05-3774 Gordon River Water Quality Park - Engineering Design Supplemental Agreement No, 2 - Scope of Services Task E2 - Aquifer Storage and Recovery Permitting (ASR) Services Partially h"eated surface water, or stonnwater ASR is a relatively new water resource management concept in Florida. With increasing demands placed on the limited freshwater resources in the state (and particularly in South Florida), stormwater ASR has been identified as a viable water resource management tool to maximize the use of existing freshwater resources. The Gty of Marco Island has a similar ASR system at its Marco Lakes site, where excess surface water is pumped from a lake, filtered and dùorinated to meet groundwater discharge standards, and stored underground. The water is later recovered for potable water supply. This system has been operational for several years and supports the concept of storing and recovering water at the Gordon River Water Quality Park to better manage the hydroperiods at t1ùs site. Task E2.1 - Permits Required Permitting for stormwater ASR will follow the same general permitting guidelines as those used for potable water ASR The Florida Department of Environmental Protection (FDEP) and the SFWMD are the primary regulatory agencies responsible for permitting stonnwater ASR systems in·south Florida. CH2M fID..L will provide the COUNTY under this ASR pemñtting task the following items: · ASR well, storage zone monitoring well, and shallow monitoring well design . (wellhead design completed in a subsequent phase), including specifications and drawings to install the wells · FDEP Class V injection well construction permit application as required under Otapter 62-528, Florida Administrative Code (FAq · Well inventory to identify competing groundwater uses in the l-mile area of review, as required under Chapter 62-528, FAC · Permits from FDEP and SFWMD, if issued, allowing the COUNTY pemússion to drill the ASR test well and associated monitoring wells CH2M HILL will prepare the permit application and attend one pre-application meeting with FDEPand SFWMD. Based on those results, CH2M HILL will finalize the ASR application and submit four (4) signed and sealed copies to the FDEP. Following agencies review periods, CH2M HILL will respond to two (2) requests for additional information (RAI) from FDEP and SFWMD. The COUNTY will pay all permit application fees required by the SFWMD. CH2M HILL's ASR Task Lead will attend the second public workshop and will address public comments regarding ASR and its application to this project TOTAL TASK E2 LUMP SUM $25,000 Agenda Item No. 1682 January 10, 2006 Page 10 of 16 SCHEDULE A, ATTACHMENT NO.2 05-3774 Gordon River Water Quality Park - Engineering Design Supplemental Agreem.ent No.2 - Scope of Services Project Description and Services to be provided: Project consists of design of a new one story 2,500 Square Foot Education Center / Meeting Pavilion with a partial 16 foot clear story ceiling. The project design includes offices, restrooms, storage, mechanical rooms and an open meeting area and perimeter boardwalk. The building includes typical fIxtures and utilities required for operation, no movable equipment or furnishings, and provides utility connection points to 5 feet out from the exterior walls and assumes site related utilities exist Conceptual construction cost estimate for the project is approximately $2,300,000.00 based on square footage, special pile foundation requirements, proposed environmentally conscience construction materials and methods. The location of the new building will be detennined as part of the scope of services provided for the park planning effort Project services include Architectmal and Engineering Pre-Design, Schematic Design, Design Development, Cons1rocìÎon Documents, Competitive Bidding Assistance and Construction Administration Services for the Education Center as noted above - including related site work. Permitting assistance and Site Plan Approval services are part of the scope of services for the park planning effort. Selecting and specifying built-in and/or movable equipment and furnishings is not included. Work Not Included: No ofF.site work, site analysis, computer data link, cable TV or security system is included in Scope of Services. Task 1: Pre-Design Services: A Geotechnical Services are not included. B. Site Survey- Boundary and topographic site survey locating property lines, existing known utilities, adjacent roadways sidewalks and other relevant site information are rot included. C. Programming: (based on information from A & B above) C.I. Prepare 2 concepts (minimum) for a 4 hour 'Charrette" workshop meeting to review and validate conceptual building space program, floor plan, site location considerations and concept S.P. construction cost (attendance at Charrette includes 2 Architects) C.2. Make revisions/refinements to concept space program concept floor plan and site plan based on Charrette comments for review/approval by County. C.3. Meetings: Based on approved space program, concept dmwings and concept S.F. construction cost, prepare for and attend; One (1) review meeting with Collier Co, staff, One (1) meeting with City of Naples staff (includes two 4 hour meetings for 1 Architect) TOTAL TASK 1 LUMP SUM $ 8,100 ........__..__....___.__.___...._..__._._......_....___....._._._.....n_..____ ...-......,,--,-_. Agenda Item No. 1682 January 10, 2006 Page 11 of 16 Gordon River Water Quality Park Education Center Building Page 2 November 16,2005 Task 1 Deliverables: Programming submission to include fDur (4) sets of each: Building Space Program, black line concept Site Plan, Floor Plan and Building Sketches, and Conceptual Square Foot Construction Cost Estimate for County approval Task 2: Schematic Design Contingent upon receipt of information ftom Task 1; A & B and County approval oftœ Pre-Design Services, provide further developed conceptual site plan, floor plans, exterior elevatiom and sections in color to illustrate the scale and relationship of the Project components. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing and will include an update of the Conceptual S.F. Construction Cost Estimate. Two (2) Architects to attend one design meeting with County staffwill be held to review and finalize schematic. The Owner will provide written approval for the Schematic Design work at the completion of this task. The design concepts (site plan, floor plans, and elevations) will be considered "ftozen" at the completion of this task. TOTAL TASK 2 LUMP SUM: $24,000 Task 2 Deliverables: Schematic Design submission to include four (4) sets of drawings, two (2) color renderings and updated Square Foot Construction Cost Estimate. Task 3: Design Development Based on receipt of the County's approval of the Schematic Design Documents and updated Construction Cost Estimate, provide Design Development Documents to illustrate and describe the refinement of the design of the Project. Documents shall establish the scope, relationships, forms, size and appearance of the Project by means of plans, elevations, sections, typical construction details, and equipment layouts as well as outline specifications that identify major materials and systems and establish in general their quality levels or grades. An update of the Construction Cost Estimate is included. One (1) meeting will be held with County staff to review, revise and fInalize the Design Development. Meeting includes 2 Architects for 4 hour meeting. The County's written approval of the work in this task will be required prior to proceeding with Task 4. TOTAL TASK 3 LUMP SUM $ 35,800 Task 3 Deliverables: Design Development submission includes four (4) sets each of Drawings, Outline SpecifIcations, and updated Square Foot Construction Cost Estimate. Task 4: Cons truction Documents Based on the County's written approval of the Design Development Documents and updated S.F. Construction Cost Estimate and budget, provide Construction Documents to set forth in detail the requirements for construction ofthe Project. They shall include Drawings and Specifications that establish in detail the quality levels or grades of materials and systems required for the Project. All architectural and engineering systems listed in Task 3 and Attachment B will be finalized. One (1) meeting with County staff will be held to review, and finalize the construction documents. Meeting includes 2 Architects for 4 hour meeting. TOTAL TASK 4 LUMP SUM $78,300 Task 4 Deliverables: Construction Documents submission to include four (4) sets each: Drawings, Final SpecifIcations and updated construction cost estimate. __ __,__,_,,~,.~·"·~__.·..__...___n_"_"~_~_~'_'··______ Aqenda Item No. 1682 ~ January 10, 2006 Page 12of16 Gordon River Water Quality Park Education Center Building Page 3 1{overnber16,2005 Task 5: Permitting Assist County in preparation of permit applications and processing those applications to the City of Naples Building Department, Collier County Health I::.epartment (water distribution and sanitation), and SWFWMD Drainage permit (ifnecess~. Note exception: Does not include any permit fees. Permit fees are to be the responsibility of the of the County and/or Construction Contractor, and shall be identified and paid accordingly. TOTAL TASK 5 LUMP SUM $ 9,500 Task 5 Deliverables: Assistance and support deliverable only Task 6: Administrative Site Plan Amendment Note: It is anticipated that a full Site Plan Approval process will be required ror the overall park project. If this proposal is approved and the building is drawn on the park Site Plan prior to the site plan submittal, conceptual building plan approval will be supported by the existing scope of services. If this proposal is not approved and the building is not incorporated into the site plan prior to submittal for site plan approval the governing agency will require an Administrative Site Plan Amendment. This work will be provided as an additional service covered under this scope of work and listed below: Administrative Site Plan Approval process includes research, preparation 0 f applications for Site Plan Amendment including site plan drawing/revisions and attendance at 2 City of Naples review meetings for 1 person. Note: Does not include Site Plan Amendment submittal fee New site survey if required TOTAL TASK 6 LUMP SUM 58,300 Task 6 Deliverables: Provide ten (10) copies of revised site plan to the client for submittal Task 7: Competitive Bidding Distribute ten (10) sets of Bid Documents including drawings and specification to the County and attend one (1) pre-bid conference with prospective bidders. Assist the County in answering questions, prepare up to two (2) addendums, assist County in bid analysis and recommendations. The County will provide their front end General Conditions and Bidding Requirements as well as the Bid Advertisements. Note: Perspective bidders shall pay CH2M HILL fur reproduction costs for Bidding Documents TOTAL TASK 7 LUMP SUM $9,500 Task 7 Deliverables: Assistance and support deliverable only. Task 8: Additional Services: Not presently contemplated in this Work Authorization, may be subsequently established by agreement of the parties and amendment hereto. Such Additional Services may include, but not be limited to: a) Construction Phase Services Typical services include attendance at one pre-construction meeting. Attend b~monthly progress --_..._..._-_.~-~_.._------ Agenda Item No. 1682 Janùary 10, 2006 Page 13 of 16 Gordon River Water Quality Park Education Center Building Page 4 November 16, 2005 meetings, miscellaneous on-site review meetings, coordinate office administration - including shop drawings, change orders, proposal requests / RFI's, review monthly pay applications, conduct Substantial and Final Completion inspections and Project Close Out b) Design!Documents for additional environmental I:mdening above code requirements c) Communication systems selectio~ specifications or design d) Colored Renderings (other than required for site plan approval process) e) Off site design beyond the project boundaries/property line t) Permit F ces g) Extension of Tasks 1- 7 beyond that described herein h) Revisims to previously approved work i) Architectural Site Plan Approval Process other than stated in Task 1-7 Schedule: CH2M HILL shall commence services immediately upon authorization and complete Task 1-4 services requested by the County within a period of 18 weeks for Pre Design, Schematic Design, Design Development, and Construction Documents from receipt of ''Notice to Proceed': not inclusive of any review periods required by County or City Staff. Competitive Bidding anticipated to be a four (4) week period . Task 1: Pre Design (upon receipt of items A & B) Task 2: Schematic Design Task 3: Design Development Task 4: Construction Docmnents 3 weeks 4 weeks 5 weeks 6 weeks 18 weeks plus time for County reviews Permits are required before Task 7 ConCUIrent with Tasks 3 & 4 4 weeks Task 5: Permitting Task 6: Administrative Site Plan Amendment Task 7: Bidding Assumptions : 1. CH2M HILL makes no warranty tmt the County's actual construction costs, financial aspects, economic feasibility or schedules will not vary from CH2M IfiLL's opinions, analyses, projections or estimates. 2. Schedules of completion of Tasks 2, 3 & 4 assume a 2 week turnaround of review comments and approval. Delays beyond the 2 week period may result in Schedule delay and require a schedule change. Task 5. Permitting, CH2M HJLL shall not be liable for project delays due to causes beyond CH2M HILL's control. ._-~---~-------~~-------_._--_. Agenda Item No. 16B2 January 10,2006 Page 14 of 16 Gordon River Water Quality Parle Education Center Building Page 5 November 16,2005 Compensation for Services: Basic Desùm Services FeeTota1s Task 1: Pre Design Task 2: Schematic Design Task 3: Design Development Task 4: Construction Documents Task 5: Permitting Task 6: Admini.trative Site Plan Amendment Sub-total $8,100 $14,000 $35,800 $78,300 $9,500 $8.300 5164,000 Basic Construction Services Fee Totals Sub-total 59.500 $9,500 Task 7: Competitive Bidding !rOTAL LUMPSUM $173,50~ ··___,..",.,___..ø~_ Agenda Itèm No. 1682 January 10, 2006 Page 15 of 16 Gordon River Water Quality Park. Education Center Building Page 6 November 16,2005 DisciPline Gen. Civil Architecture Discipline Structural Scope of ServicesIEstimated Drawings (Schematic Design through Construction Documents) Est. # of Sheets T-I Sheet Title Title, Index, Location Map Code Information, Abbreviations Legend & Symbols T-2 2 C-I C-2 C-3 C-4 C-5 6 Civil Site Plan Paving, Grading & Drainage Horizontal Control Utilities Plan Civil Detai1s A-I A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-IO A-II A-12 12 Room Finish Schedule DoorlWindow schedule ColumnlWindow Details Roof Details Wall Section Details Floor Plan Reflected Ceiling Plan Exterior Elevations Bathroom Plans and Elevations Roof Plan Building Sections Interior Elevations Est. # of Sheets Sheet Title S-l S-2 S-3 8-4 8-5 8-6 8-7 S-8 8-9 9 General Structural Notes & Legend General Structural Notes (sheet 2) Wall Sections & Details Wall Sections & Details (sheet 2) Interior Structural Sections Interior Structural Sections (sheet 2) Roof Sectio ns & Details . Foundation & Floor Framing Plan Roof Framing Plan Agenda Item No. 16B2 January 10, 2006 Page16of16 Gordon River Water Quality Park Education Center Building Page 7 November 16, 2005 Mechanical M-l M-2 M-3 3 Mechanical Legend & Abbreviations HV AC Layout Plan HV AC Details Plumbing P-l P-2 P-3 H 4 Plumbing Legend & Abbreviations Plùmbing Floor Plan Plumbing Stack Diagram I Details Plumbing Water Riser Diagram I Details Fire Protection Fp·l FP-2 FP-3 3 Site Plan Fire Protection Floor Plan Fire Protection RoofPlaÌJ. Fire Protection Electrical B-1 B-2 B-3 E-4 E-S E-6 B-7 B-8 1li. 9 Electrical Legend & Abbreviations Electrical Site Plan· Reflected Ceiling Plan Power Plan COmmunications Plan Risers & Room EnJargement Floor Plan Electrical Details & Schedules Photome1rics Plan Total Estimated Sheets 48 Agenda Item No. 1683 January 10, 2006 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve an Alternative Access and Relocation Agreement associated with 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: $92,000.00 OBJECTIVE: To approve a three-party Alternative Access and Relocation Agreement (previously titled Agreement for Replacement of Access and Parking) in order to avoid the expense (estimated as high as $1.5 million) of relocating the existing AT&T fiber-optic regeneration facilities located within the proposed right-of-way required for the construction of the six-Ianing improvements to Collier Boulevard. CONSIDERATIONS: On September 13, 2005, the BCC approved a three-party Agreement for Replacement of Access and Parking. The approval of that Agreement was imperative to the closing of a negotiated settlement with the property owners. However, at that time, AT&T had not supplied the County with the costs to modifY access into the fiber-optic regeneration station. Since that time, however, AT&T has provided the estimated costs to the County, and has renamed the Agreement to "Alternative Access and Relocation Agreement." This Agreement is now being resubmitted to the Board for approval, with some minor changes to the docwnent language and with the inclusion of the costs to be reimbursed to AT &T. The required access modifications include relocating the door into the regeneration building from one side to the other, along with relocating all of the wall-mounted electronic and cooling equipment currently located where the new door will be. This work is very specialized and will entail relocating batteries and slicing and moving cables both within the facility and underground. Because of the nature of this work, AT&T must hire their approved contractors to perform this work; and in turn, the County is to reimburse AT&T. The costs involved in this work should not exceed $92,000.00; however, AT&T has agreed to pay for any work that would exceed that amount, if needed. The following is a recap of the explanation of this project as stated in the Executive Summary heard on September 13,2005: "Just north of the new loop road around the Mission Hills shopping center at the northwest comer of Vanderbilt Beach Road and Collier Boulevard, and located on property owned by Richard and Frances Craig, there exists a fiber-optic telecommunications regenerator, housed within a small concrete building, and located within easements held by AT&T. Attached to the east side of the building, is a fenced parking area, nearly all of which is located in the path of the new sidewalk and right turn lane. The building itself, while located within the proposed right-of- way, is not directly in the path of the proposed roadway improvements and may remain in its present location as long as replacement access and secure parking can be provided. Alternatively, the cost to relocate this building was estimated by the AT&T representatives to be $1,500,000.00. It is in the County's best interests, therefore, to enter into an agreement whereby the building may remain in its present location." - The Alternative Access and Relocation Agreement memorializes the understandings that County staff, AT&T representatives, and the property owners negotiated in order to avoid relocating the regeneration station, and it is linked to the Purchase and Easement Agreement approved by the Agenda Item No. 1683 January 10, 2006 Page 2 of 23 - Board on September 13, 2005 and on which a closing occurred on December 8, 2005. The key elements of these agreements are that a new parking area has been designed on west side of the building, and the Owners have granted a temporary access easement to the new parking area. In the future, the owners will grant a perpetual, non-exclusive access easement to AT&T once they have constructed pennanent access to their development. AT&T will provide security to the replacement parking area and will then subordinate its interest in the existing easement areas that are currently required for the construction of the improvements to Collier Boulevard. The Alternative Access and Relocation Agreement also addresses the aesthetics of the future building and gives the Owners, with the cooperation of AT&T, the ability to incorporate the new replacement parking area into the Site Development Plan for the Owners' remaining property adjacent thereto. The Owners may then provide architectural improvements to the exterior of the existing AT&T building and the fencing/wall securing the parking area, which confonns better with the particular landscaping and/or architectural theme(s) on Owners' adjacent property. FISCAL IMPACT: Total reimbursement to AT&T will not exceed $92,000.00. The cost of the temporary parking lot and access to it, along with the security fencing is estimated at less than $10,000 and will be funded as part of the construction contract for the Collier Boulevard six-lane improvements. 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. Approve the attached Alternative Access and Relocation Agreement and authorize its Chairman to execute same on behalf of the Board; 2. Authorize the County Manager or his designee to take the necessary measures to ensure the perfonnance of the Agreement; 3. Authorize reimbursement of regeneration station modification expenses to AT&T upon presentation of documented costs associated with same; and 4. Approve any and all budget amendments, which may be required to carry out the collective will ofthe Board. Prepared by Debbie Armstrong, TECM - Right-of-Way Attachment: Alternative Access and Relocation Agreement r- Item Number: Item Summary: Meeting D.te: Agenda Item No. 1683 January 10, 2006 Page 3 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1683 Recommendation to approve an Alternative Access and Relocation Agreement associated with the six·lanmg of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immok.alee Road, (Projec.t No. 65061, Capital Improvement Element No. 37), Fiscal Impact: $92,000,00 111012006900:00 AM Date Approved By Gary putaansuu Transponation Services Senior Project Manager Transportation Engineering and Construction 12114/2005 3:41 PM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 12114/20054:38 PM Kevin Hendricks Right Of Way Acquisition Manager Date Approved By Transportation Services TECM-ROW 12116/20051:03 PM Usa Taylor ManagementIBudget Analyst Date Approved By Transportation Services Transportation Administration 12!191200510:49 AM Najeh Ahmad Director Date Approved By Transportation Services Tnmsportation Engineering & Construction Management 121191200510:54 AM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 12/19/20051:56 PM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 121201200511:11 AM OMS Coordinator Administrative Assistant Oa" Approved By County Manager's Office Office of Management & Budget 121211200510:10 AM Susan Usher Senior ManagementlBudget Analyst Date Approved By County Manager's Office Office of Management & Budget 12/27120055:02 PM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 12126/2005 4:24 PM Approved By County Manager Date James V. Mudd Board of County Commissioners County Manager's Office 121301200511:17 AM PROJECT: Collier Blvd. #65061 PARCELS: 531 & 931 Agenda Item No. 1 3 January 10, 2 6 Page 4 0 3 ALTERNATIVE ACCESS AND RELOCATION AGREEMENT THIS AGREEMENT, is made and entered into this day of ~~a.v''1 ' 20Ob, by and between AT&T Corp., New York corporation, (hereinafter referred to 'as "AT&T"); Richard D. Craig and Frances A. Craig (hereinafter referred to as "Owner"); and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"). WHEREAS, AT&T is the owner and holder of the easements described in OR Book 1277 Page 1573 and OR Book 1725 Page 913, attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter referred to as the "Existing Easement"); and WHEREAS, Owner is the record title holder to the fee interest in that certain property described as: the South % of the South % of the Northeast % of the Southeast %, Section 34, Township 48 South, Range 26 East, Collier County, Florida, less and except the East 100 feet thereof; and WHEREAS, the County is acquiring from Owner a fee interest in the proposed right-of-way required for the expansion of Collier Boulevard (hereinafter referred to as "Parcel No. 131 "), the legal description for which is attached hereto as Exhibit "B" and incorporated herein by reference; and WHEREAS, a portion of AT&T's Existing Easement containing the lightguide regenerator telecommunications equipment building (herein referred to as "Building"), the parking therefor, and the AT&T underground cable lies within Parcel No. 131; and WHEREAS, AT&T and County desire to preserve the location of the Building within the Existing Easement and Parcel No. 131, and to re-establish a new access and parking area designated as Parcel No. 931, as described in Exhibit "C"; and WHEREAS, Owner is conveying to County a fee interest in that certain property described in Exhibit "C" (the terms and conditions of said conveyance being included in a separate agreement between Owner and County), so that County may construct for AT&T a replacement parking lot to serve the Building; and WHEREAS, County agrees to grant to AT&T an exclusive easement for access and parking over the lands described in the legal description for Parcel No.931; and WHEREAS, Owner desires to convey to AT&T a Temporary Access Easement from the Mission Hills Loop Road (Tract "A" according to the plat of Mission Hills Shopping Center, recorded in Plat Book 41, Page 26, of the public records of Collier County, Florida) to the parking lot to be constructed within Parcel No. 931, said Temporary Access Easement hereinafter referred to as "Parcel No. 531" (the description of which is attached hereto and made a part hereof as Exhibit "D"); and WHEREAS, both Owner and AT&T desire to replace Temporary Access Easement Parcel No. 531 with a perpetual, non-exclusive easement for access to Parcel No. 931 beginning at a location west of Parcel No. 531 along the Mission Hills Loop Road, and proceeding through and across the paved driveways and parking areas of the future development on Owner's remaining lands, which perpetual easement in favor of A T& T will be granted in a separate instrument no later than the date that the first certificate of occupancy is received for the buildings to be constructed on Owner's remaining lands; and WHEREAS, both Owner and AT&T agree that the Temporary Access Easement Parcel No. 531 shall automatically terminate upon the granting of an easement from Owner to AT&T by separate instrument and · Agreement for Replacement of Access and Parking Agenda Item No. 1 3 pagaJ2inuary 10, 2 6 Page 5 0 3 WHEREAS, AT&T shall, in accordance with the provisions of this Agreement, terminate all that part of its Existing Easement located across the real property described in the attached Exhibit "E". NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are 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 to County a fee simple interest in the property described as Parcel No. 931 (hereinafter referred to as the "Replacement Parking Area") to replace AT&T's current parking area located within the proposed Collier Boulevard Right-of-Way (the terms and conditions of said conveyance shall be included in a separate Purchase and Easement Agreement between Owner and County). The legal description of said Replacement Parking Area is attached hereto and incorporated herein as Exhibit "C". 3) The County shall construct a new lime-rock parking area on the Replacement Parking Area and shall install a security wall or fence around the Replacement Parking Area at a minimum height of 14 feet. 4) The County shall grant an exclusive access and parking easement to AT&T (hereinafter referred to as the "Exclusive Access and Parking Easement") over the lands described in the legal description for Parcel No. 931 using a form mutually acceptable to the parties within ninety (90) after completion of the construction work described in Paragraph 3 above. 5) The County shall, at its expense, construct a temporary limerock access driveway on Parcel 531 (Exhibit "0") to be utilized by AT&T during construction of the roadway improvements, and Owner shall grant to County a temporary construction easement for said temporary access driveway, which shall expire upon replacement by the development of Owner's adjacent property and the construction of paved driveways and parking areas, which will provide AT&T with access from the public right-of-way to the parking area. 6) The Owner shall convey to AT&T a Temporary Access Easement across Parcel No. 531 (attached hereto as Exhibit "0"), to be replaced with a non-exclusive Access Easement granted to AT&T by the Owner for access through the adjacent property to the Replacement Parking Area, to be memorialized in a separate instrument mutually acceptable to the parties, no later than the date that the first certificates of occupancy are received for the future buildings to be constructed on Owner's remaining lands. 7) Owner shall incorporate AT&T's new Replacement Parking Area into the Site Development Plan for Owner's remaining property adjacent thereto, and, at Owner's sole expense Owner may elect to replace the fence I wall erected by County with a fence or wall which provides the same level of security for AT&T's facilities, but which conforms better with the particular landscaping andlor architectural theme(s) on Owner's adjacent property. Owner and AT&T agree to cooperate fully with one another in this regard. 8) AT&T shall: (a) provide its own lock(s) to secure the Replacement Parking Area; (b) modify the doorway into the Building by relocating the doorway from the east side of the Building to the west side of the Building, relocating the batteries in the Building, and relocating the AT&T underground cable to a portion of AT&T's Existing Easement being retained hereunder by AT&T; (c) waive any objection to County's removal of the existing chain link fence during the roadway construction; (d) accept a temporary Agreement for Replacement of Access and Parking Aç¡enda Item NO.1 B3 P"ageJanuary 10, 2 06 Page 6 0 23 limerock access to the parking area during construction of improvements to Collier Boulevard, and during development of the adjacent property; (e) accept alternate access through the adjacent property to the Replacement Parking Area; (f) terminate all that portion of the Existing Easement located north, east and south of the Building, as described in Exhibit "E," by providing County with a properly executed partial release of easement simultaneously with the County's grant of an Exclusive Access and Parking Easement over parcel 931; (g) consent to County's construction of a concrete barrier wall, between the proposed public sidewalk and the Building, with "wing walls" attached at either end; and (h) waive and release County from all damages, claims, actions, costs or fees resulting from the acquisition and use of the lands and lor easements described as Parcel Nos. 131, 531, 931 and 731 unless caused by the negligent or intentional tortious acts of the County. 9) The County will pay the cost of relocating the doorway to the west side of the Building, relocating the AT&T underground cable, and relocating the batteries in the Building, not to exceed $92,000. Payment will be made within 60 days after receipt of invoices from A T& T substantiating the cost of the relocation of the door, underground cable and batteries. Any expense in excess of $92,000 will be the responsibility of AT&T. 10) A T& T and Owner shall provide the County and its contractors, agents and other representatives with unrestricted right and privilege to enter upon that property described as Proposed Right-of-Way Parcel No. 131, Replacement Parking Area Parcel No. 931, Temporary Access Easement Parcel No. 531, and the Existing Easement, as may be necessary to perform the construction work for the roadway improvements, the barrier and wing walls, and the installation of the temporary limerock access and parking area as covered by this Agreement. 11 )The County and its contractors shall not unreasonably interfere with ingress and egress to and from AT&T's remaining lands during the period of relocation and/or construction and, to the extent permitted by law and without waiving the liability limits of its sovereign immunity as provided by Section 768.28, Florida Statutes, shall indemnify and hold harmless AT&T for any damages, claims, actions, costs or fees to AT&T facilities resulting from any work performed by County or its contractors. 12) All terms and conditions ot AT&T's Existing Easement not affected by this Agreement shall remain in full force and effect. 13) Notices to be served upon any party in connection with this Agreement must be in writing and must be given or made by personal delivery, overnight delivery service or by mailing the same by certified, registered or express mail, or express delivery service, postage prepaid. return receipt requested, addressed to the party to be so notified as follows: As to Owner: As to County: As to AT&T: Collier County Transportation Dept. Attn: TECM, Right-ot-Way 2885 S. Horseshoe Dr. Tele: 239-774-8192 Fax: 239-213-5885 AT&T Corp. Group Manager 4513 Western Avenue Lisle, Illinois 60532 Tele: 630-810-6100 Agreement for Replacement of Access and Parking Agenda Item No.1 3 Pag&lénuary 10, 2 6 Page 7 of 3 Each party will be responsible to notify all other parties in advance and in writing of any changes to the information below. Any Notice shall be deemed given on receipt or three (3) days after the mailing thereof, whichever occurs first. Notices may be given by the attorneys for the parties. 14) The County shall save, protect, and hold harmless Owner and AT&T against any loss, damage, injury, debt or expense claimed or asserted by any person or entity arising out of the County's construction activities on Owner's land as are contemplated by this Agreement. 15) Both Owner and AT&T are fully aware and understand that all "offers" to perform represented by this Agreement are subject to ratification and approval by the Board of County Commissioners of Collier County, Florida. 16) The obligations of the parties to this Agreement are contingent upon no other provisions, conditions, or premises other than those stated in this Agreement and in that certain Purchase and Easement Agreement between County and Owner as referenced in Paragraph 2 above; and this Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties. There are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. 17) This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by all 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(s), and assignees whenever the context so requires or admits. 18) Notwithstanding anything contained herein, no party to this Agreement shall be liable for special, incidental, consequential or punitive damages of any kind. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of ~",..ò!/I~' 200' AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman A TIEST: DWIGHT E. BROCK, CLERK , Deputy Clerk AS TO AT&T: ~~.d2J~ WITNESS (Signature) Li,JbA M.I!H=.Nt=b&.ftO Name (Print or Type) /? _.- 4;]1-~ß4 WITNESS (Signature) Mo/.-f;~ Lu ~ ~tvl Name (Print or Type) / AT&T CORP. B: ¿:~ dith L. Kolet . roup Manager Agreement for Replacement of Access and Parking IT (Signature) ~¡()N i~ Na (Print or Type) ~~- WIT. ESS (Signature) 4/ /h tvals ~ Nam:J(Print or Type) Approved as to form and legal sufficiency .t!,t tJ~ ËI en T. Chadwell Assistant County Attorney ~~IG <£-? ~//AU»l ~"" F NCES A. CRAIG ~ A~enda Item No. 1 83 ageÝanuary 10, 2 06 Page 8 0 23 r-ï-:-- -. u" -::....~~.- - P-"~. ~....... y ... ~.-..r ,,0990a, __'UUIfJ"i III .... 25 I'M $ 36 "ftBIM. 001211 OR BOOK 001579 PAGE GRJUIT 0Ir ~'t ~§ß The un4erli19nlld. om_r(e, of t"- preon!lões A\ea::eh de.clI:"~~ ("c:a::Afteor"h for IoI\ð in CC>l>s1l!uat.iDn of ,...,. Dollar. 1$10.(0) anð othn ICM>d .and VtIluül. QOAa14....~1_. the ....quacy and l:ee:eJ.pt; 0( ¥t1~çb are &øknÞV111ðgeJ. hereby <¡ra.,t. ..11 and convey to ,,"PUCM T8.Bt'IICIIIt MD TUoIGMI'H CDMPIoM... ...w Yoño c:orpor.UCIft. authoru."" __co t.ltlln"'~\: l>ual..... ill Uto State of rlør.l.dIi, vhç.S. addre.. 111 C/o OUtrLçt ~M9.ro-O:IlI.UUCÙDft _d IIeoIIl at.te, .1.200 .....c:htr.. &t~.tt "£, "'\:hllt., (ltc;JJ;9!. ;10307 J.U þÇÇe..IIOn. ...19na ...4 a{flU.teII In4 .11kCC'U~ ~t_ i~"""h ... MC:1~v. ~t., \I¡ICII\. ovcr, un.... ....ð throu.,h the pEO~rtr dc.cribe4... Þh1b1t "A" atUchOld. MUt.o ...d idonttfied _ a.£'CrK)N1C IQUIPHI:N'1' -.sDt_ (We ....n.û.....' fOil the conO$t!"UCU~ oJ.. 1. L1.,nt.\I~d. "..,enec-at:ol: 1'.l~CI.t.io... -'lu.1pNftt tluu,4Ln.. 01: Dther .ubst.antiIlUy a1111j.lar strucUtr.. or .,q\ll~t to be u..ð for t.l~c:.t.iOf\Iõ pupos.s. 2. 1ur1e4 cables enð w11''''s, cabl. l:N'aLnal.s. ..ñ_.., tpUdl'l9 ~.. IIIICI peot..W.h, 3. O>nduit.. Mnholell. aoarkera. 1Ind.1'9zound c:.abl...1I4 ..11'..' 4. ÞrlV_Y5 vJ: Othll~ v!lh.LClIlllr _.., an4 5. ot.h91:' -..l1thr.. bo1C'" aPP\II;qllN\c.. 01:' "-"1."11' .. .ell '" &ppurun;ut taoU1t:.f.el ~øllClMÞly ..-.qllim for thll a\IPIICRC. ua.. DParaC:I.CII'I .,.d ....unttWIIUIO. Qt· .ueb eq,uipllllll'lt to .btt 1nst.-1~ed r_ ú.. to u.. ~dI th. &"19111: to l'-.cot\stl:'lICt, ilpZ'OViI. aðð to. 411\1&1:9_ ami ~ve ~ ..... ,....,.thel:' \11th _ ~lW1ti.,. ...._t: tor iIwn.., .,rll.s.. _4 r~ to~ ,,"..~.L.n and yeb.1Ø\1lu "aU.!.c to and upon .sail ....-1... a" a11 d_ fDr the p\ar~.. 01. 1l\5taUh'h __l:r\aO\:1"9, ........ti..9, l....-oúrag, IMi.n~"9 aIICS "paidn9 ita "ac.LUU" upon. over. under an4 tl\l:o\\qh the pl;UJHU:t:y duoI:'ilM4 ÇII JþChibLt. "AN ..t.tactllod h....to. '1M fo11,*,1"9 r1.,hU Are _110 9UII\tØa ¡¡I"MC.....,. aUO\( 1In'i ot:hN' perlOa to conatl:\lc:t v.u:.. 01:' 1111 çW. 01:' go·.4IIit. v1tb1n 1;he p~... rol:' w.t4J:. oø.NIIJ.caUon. or ~tatr 0 powu tx:4UI-s.uion 01:' 11"91"..' to ....s upon ..:14 pntlUt. 6t ..1.1 u~ to&' the pUQIII.. of 1nauU1n<1. QQl\lIt.l:'u0tiD9. os-teUat, :lnapeo::'t1nf. _int;ÅIIJ.1I9 UIC'I J:~dØ9 1" f.dUt"... ~ QI:1Int_ ~11 haya the rs.,ht. co c1.H.:a:: ."Ii It..... the p%'.,!.... clear of all \:1"..., "'" \ .... . \II\"I'9R111th OJ: othO& oÞII~_. l1li4 to ta"úI, out M4 It"" t::a::~ .-4 ~ .r ~ 0\It. all ðM4. ~. 1_11\9 oa: ....9Uou. u... 0>: U..... ð~~ t:b. ~:! r¡ ...._IIt III:"" vt\£d\ ~ 1n~fu:. ....itb t:toe 1in4I$ 01:' lI)'..t.... of OOIIIIWd.o.U~ ~ i\ ~ ~aotr.1o powoIE' ot 01:" .ea:-v.i.n9 thll Grane... Q\'C\ . Gøntðr c:cvanant. 1:h..t iiõ 1& tbe fta ....1IIP1. otlllU of tb. a.acri.Md "1r S It ~.... has f\ill r.l.gb", Ut;J.. 11114 atlfICU:,y to VAnt Uti. ......lIÌ1t IIn4 "U:I. '"t .~ ~ def:""cI the .... a'lllia.t. the 01.:1... at .11 parU". .lì:.. ., j ~.a ..._t. "".U be bJ.ncU.1I9 \lpcI\ tne. be.La. leg&:I. &~""I::&Úv". r t (:t.. .ucc.sllOl:....4 ..d9"..· ~¡;:;) . t ":i. .)Ie . ø :51 g i S19"ttII. "Ù.s and Deliver" : ~ 'IìL a {.$;. in tt\tI ~tlll4lna. ot, ~~ IN Nn'U;S$ WIf~, the undarù.,ned Gr.-tOI:' ha.. _þtad t:hb Gønt øC __~. thi. /8"F"JI" da,y ol ~ . .l9-!Z.-. < .... .., . ..~ (~r·.... . - ...-- ." " tc:1 . .- ~: "(IIjM1)'" ). . .~..--:~ :.. . " ..... II. .~. "~'....~ -- ~ . .. . 't., ,.......""'." . II." "his s"st~t I'npa.recJ b~"'.þ ~ ~... ...bl. W ",ç.,.,. Adda:... ~ .'" citr. ItA '. ~~. ,..1... N,.,.r ~~þ ~ . . Agenda Item No. 16B3 January 10, 2006 Page 9 of 23 EXHIBIT A ....J- of.J.L- ...- ....-....-...-- ... -. -- -, ~... ................. ---- ............. ........ ....--.... -.....~-. .... .. ~ a.... ., _" ............. ooj"V "'" ...ø.. ".W . .. \J. V. .. . . - ~ . .. -;:.~;.'~:~~~~"'M~=i~~;-.:~~~~-.I~ ' ".-.. .~ ;..". . ~"1<i1 .~~~-~-.::-~:-"" .~_. -- . . 001211 OR BOOK 00157\ PAGE "'eña'ãlfem NëJ:-f6B:f ...... January 10, 2006 Page 10 of 23 EX..IT A Pasfe....,L of..1L ~ State of ..c-Áð'Lh~ ODunty of ""~t!f~/ w.o~~~~..::~~~L -r".E ~,G.4'''' L.... ".,2þ.~..#. Ail 'Y"'«'~-'''' .'C"O' L..::¡';!!.c_,-, -AGn. -.al, 4InIS .. (~ he.rJ ~~ fcIRsIoq ~.ß4oif- ~ 4-«...rII'Â7'. $II! tM.t _. with ~~A ~~-&. ..zà:!<'ifL . W1tneae4 tM -.cut:ion ~~.. 9itorn. to befot:e .. ~ /9 r.¡/ ~ of AÛ 1.( . ) , u£2 \: .. ~/V~~~I_ . c..~!t~~~".....- . ....... ~ ~..~ 11. Þ90 ~ '" . 4 ~ \J .".. : .... - r ectMd . ...ç-o "oc:uMenI1IfY ~ T.. R~~ $ 4/ A C"II "C" Intarwlb" COU CL ~~T.JI ':t!,11X't, ~~ D.~ . - "ïï""ïT''''- .. . ..... ....1..····· ....- .....--...-..- -........ ......,- L MCDC0 ~~~ .J...... Z.......... E2:'¡g, ()roro ==êQ.. roro -0 -, c: () ~ llJO -reðecl 'r/ JJBIHX3 '.,:... I,' . - -----.."...---...-.--..-- II -I. .., '. N 01' 21' IS"W . S!4'SO' .. I~. r -lIr $i¡ I ::8 í' .II¡ = . ; · 1'1 ¡: þ . I ã 1'·:1 ... 0 õ. :! '" :II Z . - ca ~ ~ ,..1.1 ~ th !i ~11 iii ¡ .~:; , ,J CIt !11'j '" s lit '" P &II ... . :: . ~ :II N .. '" N ~ '" .. ~ 0 0 I I I I I I I , > . . '-"'. " ...: ;:' "-'I . ;':.~.' !.:;~~ . L ~~.j; : . :.~:;~}~ . .I/~·· . . -,"'i.';'" . ,ß~t; ) <2 E- - . ~ ~~.~.~, '.~.'.~'I .. a . 'Øï,¡r ".PI {'.;,..i-;1.C ~ .!.,..').;~.\t. \ 'j~~; '. : .~.:]J¡ ~ : :·;.·i~f~< . I . '", ~~. ~, , ' , . ....J>. ~;' ..:.t" . ~~.' : ~i~~i ;:,: .;;:.~; ,'. .,'. :: . ~(~ " ,;F!~ ¡.. . ,r .' "," :', .:./~: "~~i~ ,.':;4i " ::~f '" .t.,t....: ': :~}: . ...< : ~:.: ..¡. ::\,; I .~. ~.'. ': :~~~ . ,": ."" .; l .,:,,'. :¿'-! .Ie . .. . (j, ~. , . . , ·t: . ..:,~ ..!. ..... : " ~ .50·00· .,' . II,::. .. ~ ':,:: " <\,;' " . .' :~::':. : ~~::~ ~~/"~:::"~ :~j:¥(~:~:",:'.' ,.>: -:::' " 0: ·of' . ~.. ,:.,.:' . o¡;.:,;'§¡.. . -:1i ':"~~~. .'~ ~.. ..-"'--'- ..... ,. .- "'~"'~"'---"'-'~ .. .---..-----. -- .:. " -I F\) EXHIBIT A page....!L of.LI.- 24' I J4----i ~ o g m c:; II: "' ~- '-- --...- , ------. 334·1110' $ ClIo 27 az E - '!I5'.ZO ." o Z .... o ." " o I: ; " "' I: ~ r-.:þ .... ...... <= c::t - ....mCl1"1'1 "'~;!Z .....1:1= (/1-,," - D",O :e~CIIZ NC/I_f"' Ch:)-I: '" nO toIo¡e UtI .UI !:: Q = ~ ....., ,c;r.» ij - --------...-. -..-.---..----~ ,..-.... -....---....- ~ -- --- ~- -...-.-.-- ---- .' . \ ~ \ ~ .. ..Þ .! . i .; Ë\ ii"1 ..J! ~ ! 1 ¡ r···· . o tot ... .. G tot .... . u ... .. ø· 11- N' U - Q ... .. ~ 11'4 < ø M ..a -----1' '---"-" r'T'n-''-'' III .0 .... IC VOl tD .. ... :II: ... .. .. .. :: f'" .. o 0 U ... tII ... v:t .. þo" U II ;: till 0 en U .. .. .. ., .... :: ... o u (Q . N - (IJ N .... (IJ .. . - ... . '. . .' ,:,..\:·;;,¡~.::.~..-;~y~;·~t~~fÎ:"",:·~,,;;;;..\tJ ,', 'Y.- '. ' ;'; 'I ," :... . " . . ~ i u ! EXHIBIT .L page-5- of...LL- c:i if .., · oJ:) .... ~ '" · ., .., ø o ... .., " .. · ~u.~_~.aM~..~W~"'~.'" ...~ONO OClOU ~.CI"'d~ ...." ....... u....... G o. .. II .. ;:t..... -~a -_"U~.II"'N~'" o...~ .... 0.... .¡¡;U.ka.ct .," ,.a'" .0...""'-. lIIof'IWU" Ow ÞO... ~NW --~-.... "~,,,O""~~A .. ",III .. ...II......·.~..CI .... .. 0.... M. . .. ... ...... 0 "..... ....,....... .., II _ 11'\"''''''.' .._ W.~-IN~"'~Oo'" II . M !..a_tl. "0' ~r:o ......." CI _ _II .." . a' ..O...~~~.... . ~ " A. ø ..a. ~ .... 11'\. IS IN . '" c: . w~ClO .."... II "Cf ..... III ...0 ........ ... 41. - ".....a. ... :... ...·0........'111..... U .."" Ao. "'.. II . .. IN . "I :S' W c.. ... 0 II . 01 · ",.. ..0. r:;i.u........... .l'4a..... "0 ... ......:20 .ct." ,tlDo.... _ ..... .. . w.... ..' C N IiH .cn..O....".'IiH. ..u"o~ .ø. 0 . "'.. ~.... -.roo ..._ ..,. .:,. " .., "lit .... CI ... .... .... .., .0 w ... .. ,,1iH ..... ... '. =.... ...... ÞOo".a c: . ~....,OA..u ..~,af"'O~o-_. ~ .. ... u ... ~.. . .w .... CI '14 0 tit 0 =.... .. =:0 ~.-='...'..: ~ &.I ¡~ 't!: .. 0·...""' .-. .. ~ . ......r: _..a " u...., ...., .~..w 0 ~~ . ..UU~ ;...._o..ø "lit ;a~. .a~ .0- UA~Ø~A.~1 d ."·0 ..... .. ........ AU. CI.' ~ ".. .s:: " N"U ....~ ø..·..~u~~...u .. _....~- GO .ClØ~~ II. .0 ,ao. ..~........... .., .." .... ..~.. -ø ....t;:.·...:V o"f'\~ø,a.....CI\t""'¡.~O· ....11\.. '" .0......_0 ....0"'4 OÞO. ...G\.... "Cf ... ... :I"" tit ~ ".... .. Po 0'" ... CI~.O- ". . ·...CI·O 0 '." "~.. ~u~·~"",.O ;:I. ..... (IJ. .a 0 .0 ....- II· II 0'- ..,...... 0 Ii: . 0 : ocr Oo'.:........ u 0 -..... .ø.., .. CI .... ~ .: V"I .., u.... "'.... 1100 ..........., ø=- 0011 .p\ .....::Ia...ø ........ ... .... ....' ".,,~ 0110"0 0--:' og....,A .,.0 CI.......uJa ...~~.,..;' .;: ~.Q"'~r-' ..0 N .....U~G\ClP....oOr:l..~ h~ .. .... . u ~.. .... III .:a .,.... .. J:I .::1 c:'- .... ....-".....:a ..., .,:!... qO.,;¡U') i "UŽO"::I" CI\" "II, "'.xI ....o~....~ . c" ....Oodco..C ...'0" .' .". ft 0 U)........ II '" " g... ..... '" .., ;.,¡C;:) U .. 0 ::1....0... ::I..............O........Q ø '" CI ~'N 11/ ~Oo o.~ ÞO. CI ... ... ... .... II .. 1/.....".,.:: -- W,... 1"'4" 0 ." .a~øCl\... 0 ~.., ......0. '" . '" -k ".., ".... II ::I a ... ~.. · ø .. OO.A..,....od~O.øOO..ClOQ........" uu....-o..,.....&.Iuu.~.....~.....~~ .,.... .. .. .... o a o .... ... III .. lot ... '0 '04 .. .. . ... .. a ·04 .... ... 'Ø G " .... .... o .. .... ., 0 u..... ..... III CI ca..... .. <C . . r- ,x: .~ C) .c-..t·C ._tc:x:a . CO ex: ,c;::Þ~O ~ .. ...... .Il·.·..··· ..........., ' ..---.-.......-..----....-.... .---.-...- .-.",.." ... '' .,-. ----_____.1. M c.o C'? mON c.oO,,- ...-NO . .. """ OO~ Z"'- <l) E2:'OJ <l)CUl'tí ==êo.. CUCU "D --, c: <l) OJ <C fTlO~eð.d -V JJBIHX3 ~"."'.'" Po' ..; -~-';'"._~.:"~.' , . -.:- ...-------..--..-... ..'........---... ... .. . ---.----------- .... _..J..._..I.I....I.. 1 (I) ãN - ....... ~UJm ~ <tu.. = f ~~(,!) ,æfO ~ . ~fl~ O~~ III ..... , U I "'''' \II . ., !Zd V) §~ ; ~~w d OOC(=> ffi l- Lia ...~ d U~CQ :rl if = , J" >- u .....UJffi 2t-1dJ ~....tÞ ~~O c:t_W U)Q: La.. g: I .. -t-- :;;1 ---- - I -I ; I 0 - :) )t -- ----- . 1-- I Ii '8 I'~§ a Viii S! ¡~5 - \, 1: , :11 cÞ I- Q -1 1 ". e ¡ - ! ~I ~WI ~ NO~!ot I ¡ I ¡ c. ....~._- L _._ _ .--1å ... --. ~,. ....oJ, _ww..' .. ..:.. . ,'::- -,::,,".:. ~,: ~_::::...._......:.:.~-::_--,- Agenda' itëm ·~i.· f6B3""- 141:'" ':. :. ~. .' January 10, 2006 :~ Page 15 of 23 . . ""¿"f ra, ~..... _.'. ,,;.:..-~_ do .0 15B18. 0 ... 12 PIt It 52 ~. Ao( ri~')," coluER COUNTY RECORDED ~ {\' I~: (~oO ,'" COtftINICAl1ÐHS Sf$f[l($ RIGlIT..or-WAY NO tA50ÐfT $ 1200.00 Recol.vc'd of tho NtER1CAN m.UKUNE NO ,E1.EœAP.II COMPNft 0.. '11.xII.Iean4 '1\110 _ DoUu., ($ 1200. » In COM.LcSltatlan at _hiah tho Uftdoni.¡ne4 ore 'I grant end CGAv., unto IlÚ.d c:øpany, ita. IIUCCOUCX'., ..... 1uH.. _ .,.b. . right...r-May an( ....aont t4 CG".t.nc:t., apent,8f tllÚl\taJA. inGpeGt, tnt, np. w P"". _...f.~tt.I.Gn. ayßeN .. tM 9-t... -r r.:. u.o to UII, "Iquú-o, ~uUng 0rt.:y w., ar eXIIIIfI1e but Rot 1i11lted to. undertnund l~ taar lip 8'1au.s, ceDlN. ep1.S.c:e b_. "ita, .uet-=- t_tÞ!G-t.aÞllnaltI, .uhobe, ..rlcer-. and other eppuctena.cee. -.on. DYe\:' III'Id und.... . .u1p ., 1encI ( '5' )..!do ecza.. the land 'Chich' tho *-nJ.vnod 0lIl\ ot' 1ft WW:h tM undo¡¡¡¡¡¡¡¡a hov. ~)' ~t.eHR, .1tuatecl1n ~U1: County. Steto or nodda, ~ ard IIIIrIa pa¡:t;J.ctrlul)' ct-=JJI ... aUlntl' ~ 0 Jjo c;;I en CD "' i 0:1'- 8~ ::»ec,lt EXHIBIT A P~..1- of,.1L w SIB BIIIII81'f -,.. (N.L'S1\QD II!IB1'O , HAœ A J.>1tRf 1IIIQIOf') ~~ vith tœ fo1J.ow:Ing xigbts, Of iJI;œa encS ...... 0ItW _ ICt'OI8 tile 1eøJB of tæ ......igneIS to ., tmn N!d ßr:ip _ tba paqae ~ ~......bt"9" tile d.Qbta 118DdA~, to C'1.eer aQIJ 1Mp c1e&e4 .u,.u-., J:ÐOtIJ. bNIb eø4 otbc ~ fI:aQ the ~... ~ of aaI4 .tåp. 'Da .~tG'*l for 7ZI!r~ .... "lit . ~ heb:s. ~~. ~toaI. ~-~ ¡no ... , biIØùf ttat no ~ .~ oa;' *txucI'jaa au. be ___'tell OL' peta\t.taI an A1d stz:1p GM1 tbIIt no ~ 'IdJJ. .. .-de bt ~.or othcwIM to tba .ø::tiIca or: ~ of tbe .tdp œ tt. gaIWIIS :lllmeð1 "t/II1¥ II4jac:8nt to M!d atdp. 'DIe ~ agI:IM tD pay far: ø... ~. ~ cidnIJ f;z:IQIa tbe CIIM~ ancS IlÚQtenence ~ the afoI:u&i4 .... ....... ?':. ::J Ô ~I)'$tImp 1'1. ,..... . J A _cr.. ~ Inta~" ~ I'roportyTa QOLU~~OfCOURl'S . " ~-~.. p-~ P( -:)~; .::..:,;,.,: .,' ../:"~_. : ." ~~¡ ~.ri~'M1~~~·.;~~\t-!. .~""':.:.. ~ 10;. . :.. ... .' I ..: .. .. ....... '. . _.:""<11 .... ..: .. I ;:::,...-:;:.. .':;'.". :...~ .. ..:....". ~...,.... .,..... .."t.......;"....'t.-..' ........,; ..' . ~~~ ."""'~ '.¿...,.. .............. '(¡I.'. "~~...., .... ....., -'...' ·:-.,.~..~.-:.l,¡kÃ."'... :; . ~ ..:f..:" ".. .. -: .....)~~~\" "I.:. '.. .', ,,1't ·t. .. .. ...:-::..... ::t. .:....,:""" .. .: .. ,.. ,... .. .. '" .' .,'..., ....:.:£l· .......:. .. '..'" . , '. '. .. ,. , " ~ . .., .----.--.--.-...---.-- - ---- - - .....---.. - "",_,__'.i~"<~·-' -- -- --.. - - :~... -". ,..... _._,-, SWÐ) AND 8IWZD ~ 4a)' of ~ (P, l'L. at ~::.:~ · J ~ð__~ t/ rL @"___ -L. ~I ~ ~_,==--,a... ~ ~ ---- Am'JiIfI . i~·4-.:..d..,.,a_1' 'Oœ:pogt.t.e ~ '., ~, State of ;tÂMÁf.... . CÞ.mt1 ~ 4~ 1. beaby œrt:f£y tbot OQ tJds _ betOr;o .., .. ofac:er ~ IIU~ j,Q 1:b:t lltau can4 Caurd;r efoœui4 to tûa ~"'9"Gßts. ~'Y e(J(1e"" J. B. Cun::1e. Vice Prl!'!fli....nl- -.d Q ;g tu- g ~ ..... .... ColI Ro.8 H~ CUt"ø.e~ SAmoa"'._ to ae kncMa -.4 1Iaowø to be c:I U. poøaqa ~ iQ......WÕ ~ the ~ ~ ~ c ... ~ IIAII Scœtaq, œtpecti~. of tba ~"cOQ DIIIIOèI = Q tbamin. 8114 II4MIa1q ~ be6:Ia _ ~ ~ ~ tho "' CQ .... 8:11 wc:h ft('ß0tmI 1A tM .... of d CIQ bemU of øoS4 ~~. H1tncss av bana .an4 ~a1 MIll £n t1Íe 0:Iunt,r IDS Stac. ~ tb18 /,.~ ØaI/ of l].AI~ , A.B., 19nrt..-: ~ --, ~ .,-" , , ...,......... .. ~!J;,¡'~' ::\. State œ P'J.od.da . . I : -r. . t . # l ' . , Hr~ ~~-r1.1't..,... .., . -" . ., . . '.... "11ús In.~ ~ by. "õ).I..-JO I. -?\f.... ...../e. "Z:1Ue, 0~...._.~ A~ ~ ~, 2... Z N.,. 'I ~ C1ty. .st&~_.... _"'. h. J/l1I"~'" ~ I t1aor) GIr- :lc,., ~-{=:.:~.:>.:- .: '/:. '~':. .:;....~...""".,r.....~¥~~.... '"#.... ....~.. ......-~. ,,~_....""... ,-" . ....; .. .... .,1. , "t":" ..... f .:::~ '. ':.--;.~:.~."4 . ~~~~,¡., . . . ~..",-. i....o?t~{... .. '. ':" ..;.-IJ. .t:-' :', '!O~ ~:l::'."!," f'" ~ .:!#...;. ';...'" r ~ - . .. .. ....... .. .. .;W\'..:,.". ~':"...' I......"... I _. ........... .. -..-.,.- '. '. . , . . ..' .,. , . . . ", . ~:-,. . .. :.) . . '.'11 .. ,.. ,. . . . -. .., ..... .. . ..... '. .. ~/·~ . . ./ ~ .._-'..-.....-~-...-r-._- .~_ .. -.-.---..-.- .-. ....,..-. .----. -... - .: . , _.~ '-- .---....... -,- -----r gen-öátlam....Nö.:.1ôB3 January 10;-2-006 Page 16 of 23 EXHIBIT -Â- Paøe-L. of....L.L. .- r{·H....·~ \;~1....: '....:::'~ '" ;;-11 øc! c:;:t ~ ::!i ....~ - ~ - -. - - - -. . . JI:IIHI8:tT -A- . ^ 5.0 foot vide eaøellDßt l.CICatadl in S'rS\.-- Section J4.'N8S-RZ6! being tbe ... 1Gda dMcdbId 1ft . WlØ:lll\ty Deed r:ow.ded J.n O.R. IbQk 954. pqa 1927 of the I'uÞ1ic JIaœða, Co1JJor County. norida, Mid 5.0 foot vJde strip bIiDg.... p6&'t~ 'I'IBr~"-''' fo1.1toM. ~ at a ~ I\QIUIIIIßt -'*'\*S ..-:tel' (\1 comer øct:1en ]4 , 3S ~ 48, &ou= ...,. 2& But 1NIddnt, '1MIø 5-01'%7,»"..8, .. 1%1',20 foot, e.nca ...t'01'27"-e" - 100.09 fIlM: to the ~ ~iAt af' ~ of ~ hIDiA ~ $ Jigœ wJ..s. IItdp of Jød, being the ~t ooa.u: of . 3Z5O ~ foot tøOt .. dlllCr4t..t in . 4nnt ot .......t tram G1.II:SIa 1Ioc:k COI:p. to MDd.o&n Te1e¡Jhgno _ ~~, It. NEw ¥otk oœp. ~ J.n O.R. BoaIc 1271. ~ 1$73 of u14 0ØIty 1IICDaIa. '1bIIøce H-C)1"21'32·ooW. . ~ of .5.0 6Mtf 'IbIncO Jf.",'Ol'Z7"..w. panUel w.1th And 5.0 fJeet ~.. ...~.at PFt øng1.ea &ala ~ ttICtb U. of ..u. 3,~ ...- foI* pcu:œ1 .. diltAmOe of 70..0 f88tt . . , 'JJIm::e S-Ol~·32.·-B. ~".'l tdtb .., ! tiIot _\'8d.y ,.. II'CIIIIUØ4 at riFt ___ ~ the w.abClN Uaø of N54 3.m IICf.III.I8 foot pu:œl - . diltenCO of 55.00 fMt. Aid pcq:cel duc:d.b04 canbûn& 600 IIqIJIIW e.t. 'DIeAce &-90'01 '27--8, .. ðåtllnœ of 5.«10 feet to a ~. beiasl tba Saut:1'rwe8t CUI:nU of ~ 3.250 IIqLIeI11t Jc)Qt pu;cI1, '1'benœ 14-01"27'32" alon.g tbII w.K l1ne 04! sa14 3,250 SQ.",. pa:ciII1 .. 41:a~ of 50.00 £t. t;o tM Jbrt)w¡ut COI;DIar t)wInaIf, 'J!I8ace S-U"Ol'2.1"-S. akIng this 1QI:tb ]J.nJ of ..u1 :S.2$0 ..,.. 1M tr:oCt ," ð1IJ~ of 65.00 feet to tM ~t Q:ItaTIC' t;bN:1Dof. bdng'- .. l'ObIt of øog1.nrIinQ of the ~ "'W;crl","" S.O fGot wUIe .td¡t of .1.an4 ~t4Ii:Id.ns 600 ~ het of 1anCI, 11018 Ct' ~. " ~ r (0'.'. '. .' .",':-,.'.. \,". ',1...:" :". ..' :'.' :.'. .. .-' ." '.,. I- 1¡t4.~~ir~". ..." ::.......~",,1~.. ·..~#.l.: -., .~...\. '" . ~.....'~ '. '. ~ ~.. . "~l;". '. " . '" ~'-:JJ:' 'I W . ~._ ,~_.. . n. . ..... .f. . . · " , ' .. T... .,.." ",.. ""'¡ ....Pi '. ~ .. ... . ".......'·1 ,..... ...:!:':'t '..)....~~....~...;:::,.,~....~~,....,.~IY.fJ."..,-....~........¡:,"~I~l'.·~~'C:.....,.,· . .":. ." .~.oIiftf.I(....,.........r..., .. "'~... . 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",". .oar; ..);..'-.,...~::"I.."'.t'f " ..~ t..., ...i,.··..~·. ~.'..:,~::.:..~ ,~ '.1 , .~I·!~·.. ..,.. ""... ':'-:.'...~' ":." - ß^""'.... I -' :<. ... q rJ II' :¡:} ..1\.i...~ :õ'wJt......; ..¡.......~... . ... .'doI'" .'O..' . '~"'~I; ~.. ...:4.- '- t~·.::...~..... '\ "''O,. .." - ~.~. '. '" .:":'.,(..., ... ';'_... .......,,:!.....\...:~.:.:.f..~....._..·.:.,...1 ..... ... .".... ~."" .. .., -.# '. t oÞ "'. ., a .' . ... .. '1 . " . . ~ . ," , . . . . ,. ....: _.a '. I ... ,: "'.: fit .. , . . . , .' ',. .-,. . '.. '-;' , ... . -. ---."----. .- "' .-"._--~ , ..-..--" ····..--·rïr·-.--·..-······..········---· .- - .. genèiã--TtemN O"':Î'èB3-':;:~' ~ '.:::'.:~=-. . January 1D, 2D06 .... Page 17 of 23 EXHIBIT ..L- pago3- ofJL . .. .- - -. ......", .... -.... v..."......, .... ,I ~ 1 zo 10 0 SCALE I" FEET __ ~~ 7" VI ~ .. 0. .. o o ~ spor £I.~V CTfltJj ~ ""IÇ"Oft~y .$.00' - tOTAL- 1321."' .' CHAW U If!! F¡;:NCIi ~oo' .. II -. ..__, .... ... ........ .'.. -"-I"" "" ...,........ ¥' a'f ...,. .-.---. - - -.---. -.-.-.... ~_.. . -.-......- ,. ....~...: .'.. . - .... ""~'. ,;" . '. . . , " n .å OR 80QK 000111-- PAGE to 'I 4._ :&f CCINC.IIOtI. . ~ .,~ '14 CORNE" I . - sa:TIO... M a H. . . ~ ~--....J ¡ --:5¡ ,...., RZn ; t ~ I , ~. ' ~,-f1~ ~ ~~ § ~. "¡;,.. 8 t I ?:£ ~ ~ 4&2' I ª .Ii ~ 5 I I 6 ¡;. r. o ;, .: ø· I I~ ~- 3. f .. - IV '.., ! 4ft -I r·· '. '" I '00.0&' rq ;~ ~r ~/~"","~ t; I Ii ~! . 'II it i , I ! '!to -=- o~ 1. ..,.. 1I0ff ~ I "'0. CO"'C I\IO~ '00' I. , I I ' 1'4 ~D '."'If _ _~~I!;t CO" J PIIOJ NO 8704&-) MA' B, '981 DIt_,. IIY III. " 8QlJNOUf a TOfÐGltAPtllC 5URVEY I/IIIIØ .. P41CQ;1. .. 51/z, "12, 11£1'4,$£1/4 2 SECTIC»f "', ,·41 S ,III Z 61: COLLIE" COUNT,., I'1.ORIDA .,. Z DUAtf£ HALL ASSOCIATES CIa ......... - ~ ---. .... GIM ~ .....f\ØIIlN 11811 ,.,.. .n~"I" .. ~ . . . J ...... # , . I -. If....· I -' , . --.- ---..- .. . -- "-'-"..---.-" _.. . -. . ...... .......... w. 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"1."'_ _"' '" ..... ...... ......... ........... '\oW _ ''';1.'''' 'nor." IJ\.M~. OIIAØ IIAU. IIØOC.A,. ,... !;J"':;·1-'...·n 'Y' aJ .k· .:.. R_.a411 "... . r... C"..9 h'.' 7/f'/,., IIOYCI no.. _..,..,...". .. _. _. ua._ - -.- II.. _ . _,....~_ .. "~.... __ _~W ., ._- .. ___ ...... .......,11..__ .. _ ...1.. - ........ ... .... ....~ ........,... .......... ........ .... ---'. -- ...... ~~~ ~"",aCT.err _VICIIU _~r?~~ ~ç. "tVI$~~ 7·1-'" C"AIIKO 01G! eood TO G$.oO· ~ '" PliO" HO_ '10~&.'J "'..... .t87 !iliA"" It" ".., ... DUANE HAU. ASSOCIATES IIOUND4R, · 1'OI'OOft~1C 1iIURV£Y "!leI. L 1111 SIll. ~ - UII8...... "'II.·lIft.IfI¡J/..."~tJ6 .......... ..... ............. .11 'Ia:.T1(1H 1...T....."Z.1 ,.... .......... C;OLLlUI COI.!ltr.... ~""'AIIA I'J£I..: 600t. ..~ ~ .!!.!.. '" _16 ....-r .. , We .. . 'It ·I...·/~ .. ....... v '. . . i", ~, .:. ~ ..... .." ,. . '. -- --r--- II ..,..............-....---.-............. .... --- ... .-. -_._,---~ w C.S9'51'33"\:genda I¡m N .1 · . --------- Jan ry 1 Õ 1.0 100.09' 0, . ..... P 0 C ge ~ èS~-J-"" . . . ~ ~ P.O.B. I I vi I I h o I ci \ ~ 83 06 23 .------------------------~-------------------- RICHARD D. AND FRANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 ------------------------------------------- LEGAL DESCRIPTION A portion of the South 1/2 of ths South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 2107, Page 1174, of the Official Records of Collier County, Florida. being more porticularly described as follows: Commencing at the East 1/4 corner of Section 34, Township 48 South, Range 26 East; thence N.89'51'33''w. along the North line of the Southeast 1 /4 of said Section 34, a distance of 100.09 feet to its intersection with the Westerly right-at-way line of County Road 951 (Collier Boulevard); thence 5.02'16'01 "E. olong sold right-of-way lins. 0 distance of 1,004.15 feet to the POINT OF BEGINNING; thence continue S.02·16'01"E. along said line, 0 distance of 334.72 feet to its intersection with the South line of the South 1/2 of ths South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 34; thence N.89·49'11 "w. along said South fine, 0 distance of 64.06 feet; thence N.02·16'01"W., o distance of 334.71 feet to its intsrsection with the North fine of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 34; thence S.89·49'47"E. along said North !Ine, a distance of 64.06 fset to the POINT OF BEGINNING. Containing 21.422.33 square feet or 0.4918 acres, more or less. z o I'q ~ I I \ ò o - - ~ I a; I ~~ L170 I I I I I I UNE U69 U70 LINE TABLE LENGTH 64.06 64.06 NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 02'16'01· E, 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 EXHIBIT J3... Pa~-L otL ( . '~DATE SIGNED) NOT VAUD WITHOUT TIiP:' SIGNATURE AND THE ORGINALRAISED SEAL' OF A FLORIDA LICENSED SURVEYOR AND'MÁÞPER. CERT¡FIC~TE OF AlJTHORIZAllQN, LB #43 I'III>ÆI::TIIQ., 65061 PARŒLNO., 131 Wil.Mille¡··~W- _.e--..-........,.,..~~.~-. KfIc1nWfw; h:. -...,........... .....,:~~~~..=,.,.". _ __ 09/200.1 Sop 23. 2003 - 10~e;~1 Io\\.Þ.MURQX:\SUR\NOO1!1\8S1..s100.d"", N ~- I D ZI au IDO GRAPHIC SCALE 200 COLLl~ COUNTY DEPARTMENT OF TRAN$PORTATlON SKETCH &: DESCRIPTION PROJECT HO.; N6015-D05-000 F1I£ HO-t 2L-812 RICHARD D. AND FRANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 [;; \ Agenda Ite~ N Janu ry 1 P ge 2 \ \ \ I h\ o I ci I \ î I \ ~ \ I ~ I c; I u L~P.j ~ ~ r r I I lot 1:: 84011'_ 100 Oil' I L4 N89'49'Ü'W 164,15' t', I I \!:R&. 1 B3 2 06 o 23 I I \ h \ ~ o ci \ o o .- ....., LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 2107, Page 1 174, of the Official Records of Collier County, Florida, being more particularly described as follows: Commencing the Southeast corner of the Northeast qUQrter of the Southeast Quarter of said Section 34 Thence North 89·49'11" West along south line of the northeast quarter of the southeast quarter of said Sectian 34 a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard) thence continue along soid south line North 89'49' 11" West 64.06 feet: Thence North 02' 16'01" West, a distance af 25,02 feet to the POINT OF BEGINNING; thence North 89'49' II" West, a distance of 5.00 feet; thence South 02'16'01· East, 0 distance of 20.02 feet; thence North 89'49'11" West, 0 distance of 38.04 feet: thence North 02'16'01" West, a distance of 50.05 feet to its intersection with a line lying 55.00 feet North of as measured at right angles to the South line of the northeast quarter of the southeast quarter of said Section 34: thence South 89'49'11· East, along said line a distance of 43.04 feet; thence South 02"16'01· East, 0 distance of 30.03 feet to the POINT .Or.!3EGI"',N1NG. Contoin¡r¡~,~I,,65t~1square feet or 0.0471 acres, more or ss. ,.' , ~Ub'e,è·t. iIP.!ÌllmCl ts:'àrtd restrictions of record. . < .»:.'D , w.o! .' t'\, 17,' 11 .~: ~ ¡ r. "/.. DAVID- r Mi, .:S.t.t FOR THE FIRM) FLORI¡);&" C. N~: 5~ð'4 ", "j', '. ). " ' "h ¡[\ ,,' NOT VAUifWITHOÚT THE SIGNATURE AND THE ORGINAL RA/:;¡ED'SEAL OF A FLORIDA LICENSED SURVEYOR AND' 'MAPPER. CERTIFICATE OF AUTHORIZATION LB '43 UPDATED PER COUNTY COMMENTS 08/04/05 UPDATED PER DESIGN CHANGES 08/02/05 UPDATED PER COUNTY COMMENTS 03/07/05 UF'DATED PARCEL NUMBER 01/05 .IIOoIECT NO.1 65061 .Aftœ. NO. I 9.31 Vlil.""Ifiï··~W- _ ~ EiIa/o¡IIII' SIMIn'~~ ~...~ W1Json/dllllll'. 'nc. m......__1œ ,..,,:::,=-"';:-~&,, --- "0' 24, 2004 - 13:06:44 "LA"URElx:\SUR\N6015\951tdI00,dw~ N LINE TABLE LINE LENGTH L 1 25.02 L2 5.00 L3 20.02 L4 38.04 L5 50.05 L6 4 .04 L7 30.03 NOTES: 1. This is not 0 survey. 2. Basis of bearing is the We.t line of Counly Rood 951 (C.R. 951) being S 02'16'01· E, Florida State Plane Coordinales NAD 83/90, East Zone. 3, Subject to easements, reservations and re5trictions or record. 4. E05emenls shown hereon ore per plat. unless otherwise noted. 5. ROW repre5ents Right-of-Way. 6. p ,O.B. represenls Point of 8e9inning. 7. P.O.C. repre5ents Poinl of Commencement. 8. O.R. represenls Official Records. 9. L.S.E. represents Landscape 8uffer Easement. 10. U,E. represents Utility Easement. EXHIBIT C2.. Page-L- of.....l... I iIO '00 GRAPHIC SCALE I 200 ~ o D COWER COUNTY DEPAFmrfENT OF mANSPORTATlON SKE:TCH 4t DESCRIPT70N 0912003 PAM NO.1 N601S-005-000 rn,( NO.: 2L -812 RICHARD D. AND FRANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 h I ~ Ó Ii o o \ Agenda Ite~ No. 1 3 Januay10,2 6 Pa e 2 of 3 I t I I h o I ci I ..J « ~ u ~ ~ I[') m I ~ u ~~ I[') m. LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of SlIction 34. Township 48 South. Range 26 East. and being 0 portion of those lands described in O.R. Book 2107, Page 1174, of the Official Records of Collier County, Florida. being more particularly described os follows: Commencing the Southeast comer of the Northllost quarter of the Southeast Quarter of said Section 34; Thence North 89"49'11" West along south line of the northeast quarter of the southeast quarter of said Section 34 0 distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard) thence continue along said south line North 89'49'11" West 135.13 feet to the POINT OF BEGINNING; thence North 89' 49'11" Wesl. 0 distance of 16.00 feet; thence North 00'10'49" East, 0 distance of 40.00 feet; thence North 38"00'50" East, 0 distance of 18.99 feet to its intersection with 0 line lying 55.00 feet North of os measured at right angles to the South line of the northeast quarter of the southeast quarter of said Section 34; thence South 89'49'11" Eost, olong soid line 0 distance of 30.03 feet; thence South 02' 16'01- East, 0 distance of 16.01 feet; thence North 89'49'11" West, 0 distance of 15.01 feet: thence South 41'17'45" West, 0 distance of 17.26 feet; thence South 00"10'49" West, a di$tance of 26,00 feet to the POINT OF BEGINNING. LINE L1 L L3 L4 L5 L6 L7 L8 LINE TABLE LENGTH 16.00 40.00 18.99 30.03 16.01 15.01 17.26 26.00 NOTES: 1. This is not 0 survey. EXHIBIT 0 - Pegt--L- of....L. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 02'16'01" E. Florido Stote Plone Coordinates NAD 83/90. Eost Zone. Containing 1,282.68 square filet or 0.0294 acres, more or lesB.· Sub'ect t~.:"a!èmenJ~ 3. Subject to eosements. reservations ond restrictions or record. 4. Easements shown hereon ore 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. restrictions or record. DAVlb J.YA . ,·,P.S. . tJk THE FIRM) FlORIDA LJC .~tf': 58~ -.,. J . r,~ ,¡., ,4."..z: ( ". ;-;., 4"T:/ NOT VALlO ·;WIT,HOU1"1'.IE "SIGNATURE AND THE ORGINAL RAlSI!:9- t.stÞ,J.. OF A FLORIDA LICENSED SURVEYOR ANO"·MP;PPER. CERTIFICATE OF AUTHORIZATION LB 1/43 N ~- I o 25 SO,DO 200 GRAPHIC SCALE PRO./(CT NO~ 65061 PARCD. NO. ; 531 WH.IIM'Itiï··~~- - ~ Eø%IItIo ~.~~ ~"""'*'* WIIsaMI1IMr.1fIc. ...""Io\ot.__~ Dl>IWorIlooUo_ ,...._.III4!45Pt.__ FMDNfUTIf __.__ ,",0' 24. 2004 - 13:06:44 MLAMURElx:\SUR\N60'5\951,C'00.cwg COWER COUNTY DEPARTMENT OF' mANSPORTATlON SKEJ'CH dl DESCRIP170N 0"/2005 PRo.JECT NO.: N60 r 5-005-000 ~ . tJ..:ª[§.1~~t~ õ 10 L 100.09' îo ; 'l... P.O.C. '-0 ~ ~ P.O.B. (/) .--------------------------------------------- RICHARD D. AND FRANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 o o .- ....., h o I Ii \ ~ \ u ;¡; cp Jaþary \ ag I \ O. 683 0, 006 23 f 23 U'i .0'1 \ I I \ \ c; u ~~ L174 L173 L172 ---------------------------------------------- U71 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeost 1/4 of the Southeast 1/4 of Section 34, Township 46 South, Range 26 East. and being a portion of those. lands described in O.R. Book 2107, Page 1174, of the Official Records of Collier County, Florida, being more particulorty described os follows: Commencing at the East 1/4 corner of Section 34, Township 48 South, Range 26 East; thence N,89'51·33"W. along the North line of the Southeast 1/4 of said Section 34, 0 distance of 100.09 feet to its Interseclion with ths Westerly right-of-wa)' line of County Road 951 (Collier Boulevard); thence 5.02' 1 6'01" E, along said right-of-way line, 0 distance of 1,004.15 feet to the POINT Of" BEGINNING: thence continue $.02'16'01"E. along said line, a distance of 334.72 feet to Ita intersection with the South line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the SO.utheast 1/4 of said Sectio11 34: thence N.89'49'11"W. clang said South line. 0 distance of 64.06 feet: thence N,02'16'01·W,. a distance of 26.04 feet; thence N.87" 43'59" E., a distance of 15.31 feet; thence N.02'1S'01"W., a distance of 17.32 feet; thence S.87"43'59"W.. 0 distance of 15.31 feet; the11ce N.02'16'01"W., a distance of 291.35 feet to its intersection with the North line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the s.outheast 1/4 of said Section 34; thence. S.89'49'41'E. alon<;l said North line. a distance of 64.06 feet to the POINT Of" BEGINNING. Containing 21,156.48 square feet or 0.4857 acres. more or less. 1. REVISEDI>ER COUNTY COMMENT 7-01-05 ~lIOJtCT NOJ '65061 ':Wil."r-·~~'- _En¡¡/IIM'I~"""""'~-~- wn.ønMlfI.r,/no. ' ,.",.. fool""" _ - -.. WIoIIJ'Iø,Mm ,...,_(fINIOr,""'~hl1JHlWll ....--.... I ----------. \ \ LINE TABLE LENGTH 64.06 6:4.06 26.04- 1:i..31 17.32 15..31 NOTES: I \ \ 1. This Is not 0 survey. 2. Basis of bearing ie the West line at County Rood 951 (C.R. 951) being S 02'16'01' E. f"lorida State Plane Coordinates NAD 83/90, Eost Zone. .3. Subject to easements,. reservations ond restrictions or record. 4. Easements shown herson ore per plat, unless otherwise noted. 5. 6. 7. 8. 9. 10. ROW represents Right-at-Way, P .O.B. represents Point of Be<;linning. P.O.C. represents Point of Commencement. O.R. represents Official Rscords, L.B.E. represents Landscape Buffer Easement. U.E. represents Utility Easement. 4 N '.r- I /' o 10 10 100/ ORAPtilC SCALE EXHIBIT..£- ,......l- of.....l- COWER couNTY D~ARTM£NT OF' TRANSPORTAT10N 09/200J '..MCT NO.1 NBO r .5-005-000 Sl<E:TCH de DESCRIPTION ] 100 n.t HO.I 2L -812 Agenda Item No. 1684 January 10, 2006 Page 1 of 5 .- EXECUTIVE SUMMARY Recommendation to award annual contract 06-3900 to Big Cypress Mitigation Bank, Little Pine Island Wetland Mitigation, and Panther Island Mitigation Bank/Southwest Florida Wetlands Joint Venture for Wetlands Mitigation Credits, Bid No. 06-3900 OBJECTIVE: To award an annual contract to provide mitigation credits for Collier County Road Construction Projects to Big Cypress MitigatÎon Bank, Little Pine Island Wetland Mitigation and Panther Island Mitigation Bank/Southwest Florida Wetlands Joint Venture, in accordance with Bid No. 06-3900. CONSIDERATIONS: The project was submitted for advertisement on November 15, 2005. Notices were sent to 28 fIrms of which 7 requested bid packages. Bid Packages were opened on December 8, 2005 with three mitigation banks responding. Big Cypress Mitigation Bank, Little Pine Island Wetlands Mitigation and Panther Island Mitigtion Bank/Southwest Florida Wetlands Joint Venture submitted bids under seven separate mitigation categories. A summary of those bids is attached. ~. FISCAL IMPACT: There is no fiscal impact. Mitigation will be purchased on a project by project basis and the funding will come from the individual project. GROWTH MANAGEMENT IMP ACT: Mitigation credits will not impact growth management. RECOMMENDA TION: That the Board of County Commissioners approve the annual contract for Wetlands Mitigation Credits and authorize the Chairman to execute the standard contract after the review by the County Attorney's Office. Prepared By: Gary R. Putaansuu, P .E. Interim Principal Project Manager, TECM Attachments: Bid Summary .~ Item Number: Item Summary: Meeting D8te: Agenda Item No. 1664 January 10. 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1684 Recommendation to award annual contract 06~3900 to Big Cypress Mitigation Bank, LI1t!e Pine Island We1!and Mitiga1ion, and Panther Island Mitigation BankfSouthwes1 Florida Wetlands Joint Venture for Wetlands MItigation Credits, Bid No. 06·3900. 111012006900:00 AM Date Prepared By Gary Putaansuu Transportation Services Senior Projec1 Manager Transportation Engineering and Construction 12/12/20051:31:17 PM Brenda Brilhart Purchasing Agem Date Approved By Admini$trative Services purc hasing 1 V14/2005 10:05 AM Mike Hauer Acquisition Manager Date Approved By Administrative Services Purchasing 12/14120053:13 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12114/20054:41 PM Steve Carnell Purchasing/General $vc.s Director Date Approved By Administrative Services Purchasing 12115/20058:45 AM Usa Taylor Management/Budget Analyst Date Approved By Transportation Services Tram;portation Administration 12/191200510:50AM Najeh Ahmad Date Approved By Transportation Services DirEl'ctor Transportation Engìneerïng & Construction Management 1 2/1912005 11 :06 AM Sharon Newman Accountìng Supe.rvísor Date Approved By Transportation Services Transportation Services Admin 12119120054:11 PM Pat Lehnhard Executive Secretary Dat. Approved By Transportation Services Tr,¡msportation Services Admin 1 V2012005 11 :14 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 12/211200510:12 AM Susan Usher Senior Management/Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 1212812005 12:43 PM Michael Smykowsld Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 12128/2005 4:03 PM Approved By County Manager Date James V. Mudd Board of County Commissioners County Manager's Office 12/3012005 9:51 AM ca!;~~ c<¡f) Q .Q .;r-"E"i> c: '1!1.;a, ~., lioo g; c& :Q "C ~ ID c:ro (],)-'" o;i6 <Co... :i!3 '5 ~ Ü c: .Q ro 0> :;:::; O~.- ~~¡,¡ C?æ§ ~'¡5-g Öš:~ ã5S~ 'tS ro L. ë o ü ïi:i ~ c: c: ~ ~ ~ 00 c: ro !!!LO ~O 0...' ~~ LO ~ '0 .~...... , C)......o¡> ": -ë ~ C, 2 .. :iE 00 (J) o ::J 'tSo...o .5E., (],) (J) 0-- L. ro co 0...00 = > .g ~ - '" '" -0 .~ æ ::êi -0::: = ....J ..!!!¡.,., :::: ... if) -S::;z = = '" '" o...o:¡ Q '" 0 Q .- '" <¡j -;;; OD - .- (1) .- r=: ~ 0:", Q) Q -:::::~ .-= V ....J¡:: ..><: ~ ~ (1) c:¡ .... Q. Q >. 0 U ',0 ODb",¡ iii :-e ~ z o ..... Eo-< =-- Q2 u rJj ~ Q .;..; :.a Q) ¡., u t:: .s ~ .~ ·Š ¡., g Q) u ï:: ¡::l" .. '" ..... :a Q,ì ¡.. U = o .. ..... ~ .~ ..... ~ ¡., u ..... r:<j ::: ...c= if) Q) ¡., ~ '" ;: o Q) u r:<j .D ¡., Q) ::r: :-s! ¡::Q o Z o c: o o o~ N oo::t ~ o c: o o o~ o oo::t ~ ..... :.a Q) ¡., U ¡., Q) 0... ~ ¡., u ..... r:<j ::: ..... c:a rJj '" ;: o Q) u r:<j 12 Q) ::r: o c: o o o~ - <r) ~ :-s! ¡::Q o Z ..... :.a u ¡., U ;..... Q) ¡::l" ~ :-s! ¡::Q o Z -0 (l) ..... '" Q) ¡., o ~ :-s! ¡::Q o Z :-s! p:¡ o Z o c: o o or:, N oo::t ~ ..... :.a (l) ¡., U ¡., (l) ¡::l" ~ ¡., (l) ..... r:<j ::: ...c= '" (l) ¡., ~ -0 (l) ..... '" (l) ¡., o ~ -0 ...... ¡::Q o Z "S! ¡::Q o Z o c: o o or:, N oo::t ~ ..... :.a (l) ¡., U ¡., (l) ¡::l" ~ ¡., (l) ..... r:<j ::: ..... c:a VJ -0 (l) ..... if) (l) ¡., o ~ :-s! ¡::Q o Z o o o o o o~ 00 ~ -0 æ o Z ..... :.a (l) ¡., U ¡., (l) ¡::l" ~ ;..... (l) ..... r:<j ~ c:a VJ -0 ...... ¡::Q o Z -0 ...... ¡::Q o Z -0 æ o Z ..... :.a (l) ¡., U ¡., (l) ¡::l" ~ o c: o -o~ æ N~ ~ Z rJj ~ :-s! ¡::Q o Z '" >. '" o o M - ... z on >. '" o <r> ;l. o c: M -o~ ~ oo::t~Z >- Q) VJ ~ ..... :.a (l) ¡., U ¡., (l) ¡::l" ~ '" (l) 'u g VJ -0 (l) ¡., ~ t:: r:<j -0 ...... ri3 '" >-. r:<j C) OQ)" M::õ ã) r:<j Z~ ~ .~ 5~ E-<-o ~ ~ (l) ..... ~~ r:<j ¡., ¡::l" r:<j º-"8 a (l) e:§_ ¡::l,,-<=+:t: >< >- (J) 0> co 0... t:: r:<j 1::: E r:<j C5 ::S ¡., ï:: 0 ¡::Q >-. r:<j (l) -0 t:: t:: 1::: (l) ;: ;..... 0 ¡::QU { .. . ...... ..... '. '.' ......"...., ". ',' ..... ..-....::.- ': ':: ,':'" . - ... ....... -..-',;.'", -, Agenda ItemNo.16B4 January 10, 2006 Page 4 of 5 May 26, 2005 Ms. Brenda Reaves Contract Technician Collier County purchasing Department 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 Dear Ms. Reaves: Thank you for your letter of May 23,2005 and your kind invitation to extend our contract # 04-3655 "Annual Contract for Wetlands Mitigation". We do not wish to extend the contract. ¡L. Res.. . dun; . '.' , I ,,' l Leslie D. Alderman, Jr. Executive Director 12800 University Drive · Suite 400 · Fort Myers, Florida 33907 Phone 239-415-6200 · www.mitigationbank.com ,-."--.....,.,.~- ,.._-,...-._,....._,-"'"_.~,.."... Agenda Item No. 1684 January 10, 2006 Page 5 of 5 SEP 2 B 2005 ~ pantheAslaOd" 1..____..-._____._,_._-_:. ReceiVed Purchasing CORPORATE OFFICE September 26, 2005 3215 NW 10th Terrace Suite 209 Fort Lauderdale, FL 33309 Phone: 888.301.1707 954.462.1707 Fax: 954.462.4131 Collier County Government Center Purchasing Division, Building G 3301 Tamiami Trail, East Naples, FL 34112 NAPLES OFFICE 3200 Bailey Lane Suite 158 Naples, FL 34105 Phone: 239.403.7100 Fax: 239.403.8686 Re: Contract # 04-3665 "Annual Contract for Wetlands Mitigation" Dear SirIMadam: This letter constitutes formal notice from Southwest Florida Wetlands J.V. d/b/a Panther Island Mitigation Bank. ("Contractor") to Collier County, Florida that Contractor declines to consent to an extension of the above referenced contract. cc: Robert B. Miller Printed on recycled paper @ Agenda Item No. 1685 January 10, 2006 Page 1 of 11 ,- EXECUTIVE SUMMARY Recommendation to approve the Governmental Facilities Relocation Agreement with the Florida Power & Light Company in the estimated amount of $551,626.67 for replacement of transmission poles and holding of guy poles in connection with the Goodlette-Frank Road expansion project from Golden Gate Parkway to Pompei Lane, Project No. 60005. OBJECTIVE: To obtain approval of the Governmental Facilities Relocation Agreement with the Florida Power & Light Company (FPL) for engineering and construction services to facilitate the Goodlette-Frank Road expansion project from Golden Gate Parkway to Pompei Lane. ~ CONSIDERATIONS: This project originally had eight conflict locations with FPL transmission poles requiring twelve replacement poles. By relocating, shortening and redesigning traffic light mast anus, streetlight poles and the roadway, the number of conflict locations was reduced to two, requiring four transmission poles. Because of the proximity of the construction of two underground pipelines to FPL guy poles, the guy poles (40) would have to be held twice by FPL during construction. Through relocation and redesign of the pipelines, the number of times the guy poles will have to be held to accommodate construction will be reduced. However, the precise number of times cannot be determined until actual construction. Accordingly, the worst case scenario is being considered for purposes of authorization. $278,545.73 is estimated for pole replacement; and $273,080.94 is estimated for holding guy poles. This Agreement must be approved in order to authorize FPL to order materials and complete the work. FISCAL IMPACT: The total cost for this contract is $551,626.67. Funding will come from Transportation Supported Gas Tax Fund, Impact Fee Funds, Road Impact Fee District 2 reserves and Road Impact Fee District 3 reserves. Budget amendments are needed in the amount of $72,300 from Road Impact Fee District 2, and $95,000 is needed from Road Impact Fee District 3. GROWTH MANAGEMENT IMPACT: The expansion of Goodlette-Frank Road is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Governmental Facilities Relocation Agreement with FPL in the amount of $551,626.67, and that the Chairman be authorized to sign the County Attorney approved agreement fonn. Approve any necessary budget amendments. Prepared by: Allen R. Ruth, P.E., Senior Project Manager, TECM Attachment: FPL Governmental Facilities Relocation Agreement ~ Item Number: Item Summary: Meeting Date: Agenda Item No. 1685 January 10, 2006 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1685 Recommendation to approve the Governmental Facilities Relocation Agreement with the Florida power & Light Company in the estimated amount of $551 ,626.67 forreplacement of transmission poles and holding of guy poles in connection with the GoodletteMFrank Road expansion project from Golden Gate Parkway to Pompei Lane, Project No. 60005. 1/10/20069:0000 AM Transportation Division Administrator D.... Approved By Norm E. Feder, AICP Transportation Services Transportation Services Admin. 12121120052:19 PM Date Approved By Lynn R. Thorpe, P .E. Transportation Services Principal Project Manager Transportation Engineering and Construction 12122/2005 7:24 AM Approved By Allen R. Ruth. P.E. Dat. Transportation ServÎces Senior Project Manager Transportation Engineering and Construction 12122120057:33 AM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 12/22!2005 8:52 AM Usa Taylor ManagementJBudget Analyst Date Approved By Transportation Services Transportation Administration 12122/2005 12:47 PM Approved By Pat Lehnhard Transportation Services Executive Secretary Date Transportation Services Admin 12122/200512:51 PM OMS Coordinator Administrative Assistant Da" Approved By County Manager's Office Office of Management & Budget 12128/2005 9:54 AM Susan Usher Date Approved By County Manager's Offíce Senior Management/Budget Analyst Office of Management & Budget 1212812005 1 :50 PM Michael Smykowski Management &. Budget Director Date Approved By County Manager's Office Office of Management & Budget 1212812005 3:54 PM County Manager D.... Approved By James V. Mudd Board of County Commissioners County Manager's Office 12130/2005 12:05 PM FACILITIES RELOCATION AGREEMENT (Government Entity) THIS AGREEMENT made and entered into this _ day of 2005 by and between The Board of Commissioners. Collier County. Naples. Florida hereinafter called the Applicant, and FLORIDA POWER & LIGHT COMPANY. a Florida corporation with its principal place of business in Dade and Palm Beach Counties, Florida. hereinafter called FPL. Agenda Item No. 1685 January 10, 2006 Page 3 of 11 WITNESSETH: WHEREAS the Applicant intends to construct Goodlette-Frank Road Improvement Project from Golden Gate Parkway to South of Pine Ridae Road in Naples. Collier County. Florida and will require the relocation of certain incompatible and conflicting portions of FPL's Facilities and equipment. and WHEREAS FPL will incur costs in the Relocation of FPL's existing and proposed Facilities which costs would not have occurred but for the Applicant's construction, NOW THEREFORE, in consideration of the mutual promises of the Applicant and FPL and other good and valuable consideration, the Parties agree that FPL shall Rearrange the FPL Facilities and the Applicant shall reimburse FPL for the actual cost of such Relocation as follows: ARTICLE I - DEFINITIONS For the purposes of this Agreement the following terms. whether used in the singular or plural. shall have the meanings set forth below when used with initial capitalization: 1.1 Betterment is any increase in service capacity of the Replacement FPL Facilities, not attributable to Contractor's construction, over the service capacity of the FPL Facilities prior to Relocation and any upgrading of a Replacement FPL Facility above FPL's current minimum standard practices, as specified in Article III of this Agreement, that normally would be used on projects financed solely by FPL. Betterment does not Include: (a) any increase in service capacity required by federal, state or local law which applies to FPL Facilities as of the date of construction of the Replacement FPL Facilities; (b) any increase in service capacity resulting solely from the replacement of devices or materials which at the time of construction of the Replacement FPL Facility are no longer manufactured, processed, or installed and used by FPL in projects financed entirely by FPL, (c) any upgrading of a Replacement FPL Facility requested by the Applicant. (d) any upgrading of a Replacement FPL Facility required by any agency responsible for regulation of FPL Facilities, (e) any upgrading of the Replacement FPL Facility which is necessitated by the Applicanfs construction, if the replacement is the same as that used by FPL on FPL's own projects, or (f) any upgrading that will result in a reduction in the overall project cost 1.2 Conversion is the replacement of existing overhead facilities with underground facilities. 1.3 Credit Ratio is the credit given to the Applicant in the form of a percentage derived by dividing the sum of the Betterment and the Non-Reimbursable Work Credit by the Total cost of the Relocation: Credit Ratio = Dollar Amount of Betterment + Non-Reimbursable Work Credit Total Cost of Relocation - The Land and Land Right Cost 1.4 Date Cost Estimate Received, for purposes of this Agreement, shall be deemed to be the day that the cost estimate was hand-delivered or transmitted by facsimile, or if mailed, five days from the date of postmark. 1.5 FPL's Facility or Facilities shall be, but shall not be limited to, any structure consisting of manholes, conduits, poles, wires. cables, substations, system protection equipment or other appurtenances, and associated equipment, and used by FPL in connection with the transmission andlor distribution of electric power, 1.6 Relocation and/or Relocate includes the terms Mrearrange or rearrangementM and is the work performed by FPL under this Agreement and any activity made necessary by Applicanfs construction which conflicts with or affects FPL. its Facilities, or service. Relocations shall include conversion of transmission facilities and shall include, but shall not be limited to, permanent or temporary support, protection, relocation, rearrangement, design, redesign, abandonment or reconstruction of the FPL Facilities and all other work required to provide continuity of service to FPL's customers which is a result of a conflict.e 1.7 Replacement FPL Facility is any facility which will be constructed under the terms of this Agreement as a consequence of Relocation of an FPL Facility or portion thereof. 1.8 Salvaae is the credit to the Applicant for the reusable materials recovered or removed by FPL less the Salvage Adjustment Credit. Page 1 of 6 Governmental - Facilitíes Relocation Agreement Agenda Item No. 16B5 January 10, 2006 Page 4 of 11 ARTICLE II-IDENTIFICATION OF CONFLICTS. CONVERSIONS 2.1 Knov.tn Conflicts. The Applicant shall reimburse FPL for costs associated with the Relocation of the FPl Facilities more particularly described and located on property described in Exhibit A attached hereto and incorporated herein. 2..2 Other Conflicts. The identification of any other conflicting faciities of FPL requiring Relocation shall be undertaken by FPL pursuant 10 a subsequent writ1en agreement between FPL and the Applicant. 2..3 Diftibution Conversion. If an Applicant has requested a conversion of distribution faalities as part of a Relocation of Facilities, the FPL Distribution Facilities Conversion Agreement which is approved by the AorIda Public Service Commission shaD be atl.ached hereto and incorporated herein. The Indemnity and Insurance provisiOns of this Agreement shall apply 10 all DIstribution Conversions which are part of a Relocation. In addition, all other terms and conditions of this, Agreement which are not expressly modified by the Addendum attached hereto shall remain in full force and effect. If there is a direct confflCt between this Agreement and the attached Addendum, then the Underground Distribution Convemion Tariff and the Underground DIstribution Conversion A(Jeement shall prevail as to that specific term or condition _ Underground Distribution Facilities Conversion Agræmant is attached hereto and incorporated herein. à This Project does not involve a conversion of electric distribution facirtties. ARTICLE 111- DESIGN AND CONSTRUCTION OF REPLACEMENT FACILITIES 3.1 Desian Standards. Engineering design standards and material specified shall meet FPL's Current Design Standards. In addition, the design of Relocations will be in confonnity with alllaw$ and regulations. 3.2 Construction Standards. Materials and construction procedures shall meet FPL's Current Construction Standards. In addition. Relocations or Replacement Facilities will be accompl"tShed In confonnance with aU laws, codes and regulations. ARTICLE IV . REPLACEMENT RIGHT ..oFoWAY 4.0 Reolacement Riaht-of.Wav. The Applicant shall provide FPL with replacement rights-of-way In one of the following manners: _ (a) The Applicant shaB reimburse FPL for costs associated with 'the identification and acquisition of repiaœment rights-of-way, including, but not limited to, FPL's attorney fees for casts in prosecuting or In connection with any condemnation actions for the acquisition of necessary rights-of-way. à (b) The Applicant shall conveyor grant to FPL replacement rights-of-way sufficient to permit FPL to accomplish Relocations of the FPl Facilities and to operate and maintaIn the Replacement Facilities in accon:lancs with FPL's customary practices. Such conveyances or grants of replacement rights-of-way shall be accomplished at no cost to FPl and in a form and substance satisfactPry to FPL, 4.1 Location of Reolaœment Riaht-of-Wav. The Location of the aforesaid replacement rights-of-way are generally set forth In Exhibit B attached hereto. ARTICLE V· COST ESTIMATES. CREDITS AND BILLING 5.1 Full Cost. The Applicant shall pay FPl for the full cost of Relocation of the FPL Facilities. The work to be performed by FPL will be In accordance with the construction drawings attached hereto as Exhibit B 5 2 ÇQst Eslimate. The Applicant shaD be responsible for the total cost of the project. The eslimat.ed cost to Relocate the FPL FaciUties is (a) or (b) below: a.. Relocation: $ . This cost estimate is set out in detail in Exhibit C attached hereto; or b. Relocation I Holding FaclUties: Relocation: Holding Facmties: + ~7B.545.73 (Exhibit C-1) $273.080.94 (Exhibit C-2) = T ota! Project Cost Estimate: ~1.626.67 The Applicant understands and agrees that the amounts set forth in Exhibits C-1 & G-2 are an estimat.e only. The Applicant shaD be responsible for the total cost of the project The cost for the Relocation portion shall not exceed 110% of a valid Relocation cost estimate. except as provided herein. Page 2 of 6 Governmental- Facilities Retocalion Agreement ¡ I I I I I i ¡ ¡ I I I I p I ! ! !.. . 5.3 Duration of Cost Estimate. Agenda Item No. 1685 January 10, 2006 Page 5 of 11 A cost estimate is valid only: a. Prior to construction, for 90 days from the date of the estimate is received by Applicant (this includes the estimate attached as Exhibit C and any subsequent estimate) or b. As long as the scope of work (Relocation) upon which the estimate is based has not been changed; whichever first occurs. 5.4 Re-estimates. ScoDe of Work ChanQes. 5.4.1 Pre-construction. If the construction of the Relocation of the FPL Facilities has not commenced within 180 days of the date that the latest cost estimate is received by Applicant or if the scope of work ("Relocation") has been changed on any individual work order, prior to any construction, the estimate is invalid. A new estimate is required. FPL shall provide a re-estimate of the work prior to commencement of the Relocation by FPL. The Applicant shall agree in writing to pay the re-estimated cost and shall be responsible for the full cost of Relocation. not to exceed 110% of the re-estimate. 5.4.2 After Start of Construction. If after the start of construction, the Applicant requests a change in the scope of work (Relocation) of FPL Facilities or if FPL determines that there is a need for a change in the scope of work (Relocation) and such change causes either the credit ratio to change or the reimbursable cost of the project to change by 10% or more, FPL shall provide the Applicant with a new estimate as soon as practicable. The Applicant shall provide FPL with written approval of the re-estimate. The Applicant shall be responsible for any increased cost due to unknown or unforeseen physical conditions at the site which differ materially from those originally encountered. Increased costs due to differing site conditions are in addition to the estimated amount and are not subject to the 110% cap on estimated costs. 5.5 Credits. 5.5.1 The Applicant shall receive a credit for Betterment and Salvage. 5.5.2 The Applicant shall receive a credit for the payment of any non-refundable deposit required for estimates for underground installation included within a Relocation according to the terms of the FPL Distribution Conversion Tariff and FPL's Underground DistributionConversion Agreement. 5.5.3 The Applicant shall receive a credit for payment made to FPL for a detailed cost estimate, jf payment is required by FPL prior to issuing such estimate and if the Facilities Relocation Agreement has been entered into within 180 days of the date that estimate was received by the Applicant and the Relocation perfolT11ed. 5.5.4 The Applicant shall receive no credit for payment for an estimate, and such payment shall not be refunded: (a) if the Applicant has not executed a Facilities Relocation Agreement within 180 days of the date that estimate was received by the Applicant. (b) if a subsequent estimate is required or (c) if the Applicant terminates the Agreement 5.5.5 Any estimate provided to the Applicant after the initial. detailed estimate shall be done at additional cost and expense to Applicant Applicanfs payment for estimates shall be credited or retained by FPL as provided above. 5.6 Billina and Payment. FPL shall bill the Applicant for cost incurred not more frequently than once monthly. The Applicant shall have twenty (20) days from the date of an invoice to approve the invoice and any accompanying information supplied by FPL. Failure to provide FPL with written notice to the contrary within the twenty (20) day period shall constitute approval by the Applicant of the invoice against which payment must be remitted in full to FPL within forty-five (45) days of the date of the invoice. If payment by the Applicant is not postmarked within forty-five (45) days of the date of the invoice, then a late payment charge shall be assessed in the amount of one percent (1 %) of the amount of the billing per month, or the highest amount then permitted by Jaw. 5.7 Final Bill. Upon completion of the work, FPL shall at the earliest date practicable furnish to the Applicant a final and complete billing of all costs incurred in connection with performance of Relocation of the FPL Facilities less any prepaid credits for additional cost estimates. 5.8 Refund and Effect ofTermlnatíon. 5.8.1 Consistent with the terms of this Agreement. FPL shall refund to the Applicant any amounts which the Appricant has paid to FPL beyond the full cost of Relocation. Page 3 of 6 Governmental - Facilities Relocation Agreement Agenda Item No. 1685 January 10, 2006 Page 6 of 11 In the event that this Agreement Is terminated due to the cancellation or indefinite suspension of work in furtherance of the Applicant's construction, the Applicant shall be responsible for the costs of Relocation already incurred. including but not limited to all engineering, design, equipment, and materials cost, labor costs, and if any, the costs of replacement facilities already installed, necessary to place FPL's Facilities into a permanent condition suitable to provide continuous, reliable electric service to the public in accordance with all applicable laws, regulations and FPL's usual practices as set forth in Article III herein. Nothing in this section shall be construed to modify or abrogate FPL's legal duty to mitigate damages. ARTICLE VI - AUDITS 6.1 Audits. All cost records and accounts of FPL directly related to the work performed under this Agreement shall be subject to audit by the Applicant for a period of one year from the completion date of all work performed under this Agreement. Such audits shall be performed by the Applicant and in accordance with the following considerations: (a) the Applicant shall provide FPL with thirty (30) days written notice requesting an audit. (b) the specific time of audit must be mutually agreed to, (c) information required for audit purposes shall be accounts and records kept by FPL directly related to Relocation and reimbursable costs. (d) the Applicant may request only information reasonably required by it conceming Relocation and such request for information shall be in writing and shall include the purpose of the audits, (e) FPL shall make available the requested information at its offices during normal business hours, Monday through Friday, (f) the Applicant shall bear any costs associated with any audits. including FPL costs, if any, and (g) information available under this Agreement shall not be used In violation of any law or regulation. 5.8.2 ARTICLE VII - GENERAL CONDITIONS 7.1 Benefit of Aareement Assianment. The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the Parties to this Agreement but shall not inure to the benefit of any third party or other person. This Agreement shall not be assigned by either Party except upon receipt of the prior written permission of the other Party. Such permission shall not be unreasonably withheld. 7.2 Nonwaiver. The failure of either Party at any time to require performance by the other Party of any provision hereof shall not affect the full right to require such performance at any time thereafter. Waiver by either Party of a breach of the same provision or any other provision shall not constitute a waiver of the provision itself. 7.3 limitations of Liabilitv. Neither Party shall be liable in contract, in tort (including negligence). or otherwise to the other Party for any incidental or consequential loss or damage whatsoever including but not limited to loss of profits or revenue on work not performed, for loss of use or underutilization of the Party's facilities, or loss of use of revenues or loss of anticipated profits resulting from either Party's performance, nonperformance. or delay in performance of its obligations under this Agreement 7.4 Indemnification. The Applicant shall indemnify, defend and hold harmless FPL, its parent, subsidiaries or affiliates and their respective officers, directors and employees (collectively "FPL Entities") from and against any liabilities whatsoever, occasioned wholly or in part by the negligence of the Applicant, its contractors, subcontractors or employees. including attomey fees. for injury to or death of person(s) and property damage arising or resulting in connection with any activity associated with work or service under this Agreement, EXCEPT if the liability arises out of a claim made by an employee of the Applicant, its contractors or assigns, the APplicant shall indemnify FPL Entities whether or not the damage or liability is due to or caused by the sole negligence of FPL Entities. The Applicant's obligation to protect. defend and hold FPL Entities free and unharmed against such liabilities shall be subject to the limitation set forth in Section 768.28(5) Florida Statutes, except in the event the Applicant purchases insurance covering the liability with limits in excess of the statutory limits, the Applicant's obligation shall extend up to but shall not exceed the limits of that insurance. 7.5 Insurance. If the Applicant utilizes its own personnel in the construction or maintenance work around the &Ubject Facilities. the Applicant shall fumish FPL with evidence of insurance maintained by Applicant insuring FPL Entities from liabilities assumed under the above indemnification. Said insurance shall contain a broad form contractual endorsement or, altematively, the Applicant shall cause FPL. its parent, subsidiaries and affiliates and their respective officers, directors and employees to be named as additional named insureds on the Applicanfs comprehensive general liability policy. Such liability coverage shall be primary to any liability coverage maintained by or on behalf of FPL up to the $1,000,000 limit of liability. In the event that the policy is on a "claims made" basis, the retroactive date of the policy shall be the effective date of this Agreement or such other date as to protect the interest of FPL and the coverage shall survive the termination of this Agreement until the expiration of the maximum statutory period of limitations in the State of Florida for actions Page 4 of 6 Governmental - Facilities Relocation Agreement Agenda Item No. 16B5 January 10, 2006 Page 7 of 11 based in contract or In tort (currently, five years). If coverage is on an "occurrence" basis, such insurance shall be maintained by the Applicant during the entire term of this Agreement. The policy shall not be canceled or materially altered without at least thirty (30) days written notice to FPL. The Applicant shall provide FPL with evidence of such liability insurance coverage on the standard insurance industry form (ACORD) without modification. A copy of the policy shall be made available for inspection by FPL upon reasonable request. 7.6 Contractor Indemnification. The Applicant further agrees to include the following indemnification in all contracts between the Applicant and its general contractors who perform or are responsible for construction or maintenance work on or around the subject FPL Facilities: "The Contractor hereby agrees to release, indemnify, defend, save and hold harmless the Applicant and FPL, its parenL subsidiaries, affiliates or their respective officers, directors, or employees, from all claims, demands, liabilities and suits whether or not due to or caused by negligence of the Applicant or FPL for bOdily injuries or death to person(s) or damage to property resulting in connection with the performance of the described work by Contractor, its subcontractor, agents or employees. This indemnification shall extend up to but shall not exceed the sum of $1,000,000.00 for bodily injury or death of person(s) or property damage combined single limit and $3,000,000 occurrence aggregate. In the event the Contractor is insured for liability with limits in excess of these amounts, Contractor's said obligation shall extend up to but shall not exceed the limits of that insurance. Contractor's costs of defending Applicant and FPL, including attorneys' fees are excluded from and are in addition to the aforesaid limitation of liability for injury, death and property damage." 7.7 Contractor Insurance and Notice. The Applicant agrees to require its contractors to obtain insurance to cover the above indemnity and further agrees to verify with its contractors that such insurance is in full force and effect The Applicant shall provide FPL Group Inc.'s Risk Management Department with notice of the name and address of Applicant's contractors as specified in section 7.6 above, prior to the commencement of the Relocation of FPL Facilities by FPL. 7.8 Modification or Termination of AQreemenl This Agreement may be modified, amended, or terminated at any time by written agreement of the Parties authorized and executed with the same formality as this Agreement. FPL's Underground Facilities Distribution Conversion Agreement, if attached hereto, is approved by the Florida Public Service Commission and may not be modified or amended by the Parties. 7.9 Effect of HeadinQs. The headings set forth herein are for convenience only and shall not be deemed to modify or affect the rights and obligations of the Parties to this Agreement 7.10 FPL Consent to Relocations. FPL agrees to the Relocation of the FPL Facilities to the extent necessary to eliminate Conflicts with the Applicant's construction in accordance with the terms and conditions of this Agreement. The Applicant shall make all necessary arrangements and agreements with any person or entity which has facilities attached to the FPL poles for the Relocation of those facilities at no expense to FPL. 7.11 Deleoation of Power and Duties and Notice. The following persons are designated as the authorized representatives of the Parties for the purposes of this Agreement and all notices or other communications to either Party by the other shall be made in writing and addressed as follows: To the Applicant (Name and Title) With Copies to: For FPL: Neelesh P. Shah (Name and Title) Transmission Relocation Coordinator FLORIDA POWER & LIGHT COMPANY 700 Universe Blvd. TLElJB Juno Beach. Florida 33408 Page 5 of 6 Governmental. Facilities Relocation Agreement Agenda Item No. 1685 January 10, 2006 Page 8 of 11 7.12 Force Maieure. (a) Neither Party shall be liable or responsible for any delay in the performance of, or the ability to perform, any duty or obligation required by this Agreement in the event of a force majeure occurrence. Such occurrence shall include, but shall not be limited to acts of civil or military authority (including courts or administrative agencies). acts of God, war, riot, or Insurrection, inability to obtain required permits or licenses, blockades, embargoes, sabotage, epidemics, fires, unusually severe floods or weather. strikes, lockouts or other labor disputes or difficulties. The obligation of either Party to pay money in a timely manner is absolute and shall not be subject to the force majeure provisions. Force majeure as used herein means, without limitation, any cause or event not reasonably within the control of FPL or the Applicant. (b) In the event of any delay resulting from a force majeure circumstance. the time for performance hereunder shall be extended for a period of time reasonably necessary to overcome the effect of such delays. (c) In the event of any delay or nonperformance caused by a force majeure circumstance, the Party affected shall promptly notify the other in writing. 7.13 Severability. In the event that any of the provisions or portions or applications thereof of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the Applicant and FPL shall negotiate an equitable adjustment in the affected provisions of this Agreement. The validity and enforceability of the remaining independent provisions shall not be affected. 7.14 Effective Date. This Agreement shall become effective upon execution by the Parties and shall continue in effect until completion of all Relocation work by FPL unless otherwise provided herein or earlier termination in accordance with this Agreement 7.15 Complete Aareement. This Agreement shall be signed by the authorized representatives of both Parties and constitutes the final written expression of all the terms of the agreement between the Parties and is a complete and exclusive statement of those terms. Any and all prior or contemporaneous course of dealing, representations. promises. warranties or statements by the Parties or their agents, employees. or representatives that differ in any way from the terms of this written Agreement shall be given no force or effect. IN WITNESS WHEREOF. the Parties have executed this Relocation Agreement, to be effective as of the date first above written. APPLICANT: FLORIDA POWER & LIGHT COMPANY: By: Title: Date: Attest By: Bamara Jaindl Title: Director. Transmission Proiects Department Date: (Seal) Title Page 6 of 6 Govemmental - Facilities Relocation Agreement -_..~- . Estimate Valid Through: MArdI ~ 2006 Project Description Goodletœ-FnDkRøad Improvement From Golden Gate Parkwlly to Sod of PiDe Ridp Road Naples, CoWerCouty, Florida Exhibit C-l (Relocation Portion) florida Power &; light Company Summary EstJm... of Cost PTtIect Level Work OrdBr . 0609-09-594 I Agenda Item No. 1685 January 10, 2006 EsUrnate Prirrtød On: Dee 1, JAWO:~1 of 11 Project Name: CoHier COunty Project #60005 Un. No Salvage Removal Item Item Cost Total , 6 (AJ ENGINEERING j 7 Labor f! 8 . AddIIivas of Labor 9 Transportation 10 Applied Engineering $33,437.00 11 Contractor & PoIse. Expenses 12 . Addillves of ContractorlMisc, EJ\penses 13 Sub-total $33,437..00 $33,437.00 14 15 (B) LAND & LAND RIGHTS (RIGHT OF. WAY) 16 labor 17 · Additives of Labor 18 Transportation Expenses 19 Purchase anellOI' Easements 20 Conlractar & Msc.. Expenses 21 · Additives of Contraclor & Mise EJCpenses 22 Sub-total 23 24 (C) CONSTRUCTION 25 $688.64 Labor $9.224.75 26 . Additives of Labor ZT 5341 .56 Transportation Expenses $4,575.25 28 Malerial 516,2G2 22 29 . Stores Loading $1 065.78 30 $9,271.80 Conlnlctor & Misc. Expenses $124,20000 31 · Additives of Contracb' & Mise E)cpenses 32 $10,302.00 SUb-tOtal $155,3511.00 $165,880.00 33 34 (D) OTHER - MAINTENANCE 35 labor $1,254.17 36 . Additivøs of Labor 37 Transportation Expenses $622 03 38 Material $52600 39 . Stores HlilndDng $3440 40 Con1ractor & MIsc. Expenses $1688580 41 · Additives of Contractor & MIse Expenses 42 Sub-tola! $19,322.40 $19,322..40 43 44 (E) ADMINISTRAT1VE & GENERAL COSTS 45 $3.071.80 AdminIstrative & General Costs $57,054.53 46 $3,071.80 SUb-total $57,054.53 $60,126..33 47 48 $0.00 $13,373.80 GRAND TOTAl.. $265,171.93 $278,545. T~ 49 TOTAL INSTAlLA.nON AND MAINTENANCE COST $265,171.93 50 TOTAL REMOVAL COST $13,313.80 j 51 SALVAGE 0 LESS SALVAGE AnJUSTMENT (FACILITIES NOT REPLACED) $0.00 ¡. 52 SUB-TOTAl $278.545.73 ¡ 53 CREDIT tI#.##% (FROM AGREEMENT) $0.00 i 54 NET REPlACEMENT COST (Sum lines 52 and 53) $278.545.73 ¡ ¡ "H8ndHI1g Tax 10 Insurartœ ax! Pell81011 & WIIIfare at A¡:IP/'CMd R8Ias Engineer: SubmItted By: NeeleshP. Shah Page 1 of1 Bill p-.ge 1 . Estimate Valid Through: Mim:h 01.1006 Project Description - ";oodIdœ-Fruk RÐ.d ÍmpJ"lJVe)llellt .(I"rum GoIdm Gate Parkway to SoJlth of PiDe Ridge Road Naples, ~~ ,?»uoty, Fleridá LJne No 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ZT 2B 29 10 J1 32 33 34- 35 36 37 38 39 oW 41 42 43 44- 45 45 47 48 Salvage $0.00 EJÇluòit C-2 (Holding Facilities) Rórid. PoWer & tight ComÌ*1)' Summary EstimatIt of Cost Project Level Work Order 0609-09-594 , J Removal Item (A) ENGINEERING Labor . Addltiva of Labor Transpol1BlIon. Ap)Iied Engjnseñng ContracIDr & MISe Expenees · Additives of ContraclorlM"l9C.. Eçenses Sub-IotaI (8) LAND & LAND RIGHTS (RIGHT OF WAY) Labor · Additives of Labor Transportation Expenses Purchase and/or Easements Con1ractor & MIsC, ~ · Addft1ve8 of conlractor & t.4i$c, Expense$ SUt>-totJl (C) CONSTRUcnoN Labor · Addl1lVes of Labor Transporia6on Expenses Material · Stores L.oadIng c001ractor & MIsc. Expenses · Addlllves of Conlraclcr & Misc. Expenses Sub-tolal (0) OTHER - MAINTENANCE lZIor · AdcUtIves of Labor Transpo~tJon Ðcpenses Material · Stores Handling Cortlractor & MIs.., Expen$e$ · Additives of ContradDr & Mise.. Expenses SIJb.Iotal (E) ADMINISTRATIVE & GENERAL COSTS Administrative & General Costs Sub-IotaI $0.00 GRAND TOTAL 49 TOTAL INSTAll.ATlON AND MAINTENANCE COST 50 TOTAL REMOVAL COST 51 SALVAGE 0 LESS SALVAGE ADJUSTMENT (FACILITIES NOT REPLACED) 52 SUB-TOTAL 53 CREDIT ##:##% (FROM AGREEMENT) 54 NET REPLACEMENT COST (Sum Unes 52 and 53) Agenda Item No. 1685 January 10, 2006 EstIrmde Printed On: Dee 1, 2~.f¡~J:~1 of 11 ProJect Name: Co11ier CoWlty Project #60005 18m cost Total $11,109 80 $20.000 00 $5,510 20 $149,580 00 $186,200,00 $186,2410,00 $1.604 3D 5795 70 $21,600.00 $24.000.00 S24.DOO.oo 562,880.94 $62,880 ,94 $62.88U4 $273.010.94 $273,080.94 $213,080..94 $0-00 $0.00 $273.0ar.94 $0.00 $213.080.94 Engineer. . HandlIng T... & .......... _ ,..,.... & ~... A)Ir<MICI- Submitted By: Neelesh P. Shah '1of1 WII Page 1 I I L I ¡ , 1 I i I I I I r i=a I t ¡. i }. Agenda Item No. 1685 January 10, 2006 Page 11 of 11 Florida Power & Light Co. Transmission Pole Relocations Along Goodlette-Frank Road in Naples, Florida Under FPL's Work order #0609-09-594 Transmission Line: Collier-Terry 138KV . . . . a-., (0) 19111.QØ if ·~C ì ___;__:::n::~~~ê;'..~:_~~ ~ ~<I07t_ Scoce of Work alone Goodlette-Frank Rd (cer the meeting between FPL's Chic Fankhauser &Collier County's AI Ruth on 9/28/05): - West side of Goodlette-Frank Rd: a) Hold stub-poles at 40 locations (87M9-89M13) for pipe installation East of the stub-poles b) Hold stub-poles at 40 locations (87M9-89M13) for pipe installation West of the stub-poles - East side of Goodlette-Frank Rd: c) Replace 2 wood poles with concrete at Burning Tree Dr (88M3 & 88M4) d) Replace 2 wood poles with concrete at Ohio Dr (88M11, 88M12) Agenda Item No. 1686 January 10, 2006 Page 1 of 8 -- EXECUTIVE SUMMARY Recommendation that the Board authorize the County Manager, or his designee, to execute a License Agreement between Collier County and individuals or businesses licensed to practice surveying and mapping in the State of Florida to allow access to the County's Global Positioning System (GPS) Network for the purpose of surveying and mapping OBJECTIVE: To obtain Board approval for the authorization of the County Manager or his designee to execute a license agreement between Collier County and individuals or businesses licensed to practice Surveying and Mapping in the State of Florida to allow access to the County's GPS Network for the purpose of surveying and mapping. A draft form of the proposed agreement is attached. ,.,-- CONSIDERATION: There now exists in Collier County a GPS Network comprised of several stationary/pennanent GPS receivers strategically installed at various locations throughout the County. Through the use of the internet and GPS software we are able to centrally monitor these stations at all times and generate a Real Time Kinematic (RTK) correction. This correction enables a properly equipped user to obtain Real Time GPS positions on a centimeter accuracy order. The technology requires the user to have a Survey Quality GPS Rover with the ability to wirelessly access the internet. The user is then able to connect to the County's GPS Network, request the RTK message in a user specific fonnat, and, through on board processing within the user's Rover computes its position. This position can then be used to generate a variety of survey and mapping data. FISCAL IMPACT: Following a test period of 3 to 6 months in which no fee would be charged, the County intends to collect a user fee to help fund the maintenance of the Network and its components in a manner as to facilitate use of the Network by outside parties. The fee would be based on user interest and maintenance costs and presented to the Board for approval before implementation. It is anticipated that the fee would be reassessed annually. GROWTH MANAGEMENT IMPACT: Allowing public access to this Network stands to benefit the end user by allowing them the ability to more easily generate Survey and Mapping Quality GPS data tied to the Nation Geodetic Survey's Horizontal and Vertical datum (i.e. State Plane Coordinates and the North American Vertical Datum). This stands to facilitate compliance with the County's Land Development Code requirements for electronic submittals to be referenced to State Plane Coordinates. I""""""" RECOMMENDATION: That the Board of County Commissioners authorize the County Manager or his designee, to execute a license agreement between Collier County and individuals or businesses licensed to practice surveying and mapping in the State of Florida to allow access to the County's GPS Network for the purpose of surveying and mapping. Each such agreement shall be reviewed and approved for fonn and legal sufficiency by the Office of the County Attorney. - ,.-- r--- Agenda Item No. 1666 January 10, 2006 Page 2 of 8 Prepared by: Daniel J Regan, PSM Land Surveyor Stonnwater Management Department Attachment: License Agreement Item Number: Item Summary: Meeting Date: Agenda Item No, 16B6 January 10, 2006 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B6 Recommendation that the Board Au1horize the Transportation Division Administrator or His Designee to Execute a license Agreement Between Collier County and Individuals or Businesses licensed to Practice Surveying and Mapping in the State of Florida to Allow Access 10 the Countys Global Positioning System (GPS) Network for the Purpose of Surveying and Mapping 111012006900:00 AM Land Surveyor Date Prepared By Daniel J. Regan Transportation Services Stofmwater Management W2212005 2:12:05 PM Daniel J. Regan Land surveyor Date Approved By Transportation Services Stormwater Mana;ement 12/22/20052:39 PM Approved By Norm E. Feder, AIC? Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12/22/20053:25 PM Michael Pettit Chief Assistant County Attorney Da" Approved By County Attorney County Attorney Office 12/22120054:04 PM Sharon Newman Accounting Supervisor Date Approved By Transportation Services' Transportation Services Admin 12/27120051 :33 PM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 1212712005 3:10 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 12128/20059:56 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 1V28/2005 2:21 PM Michael Smykowski Management & Budget Director Da" Approved By County Manager's Office Office of Management & Budget 12128/20053:49 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 1V3012005 10:16 AM Agenda Item No. 1686 January 10, 2006 Page 4 of 8 DRAFT GLOBAL POSITIONING SYSTEM NETWORK ACCESS AND LICENSE AGREEMENT This Global Positioning System Network Access and License Agreement (hereinafter referred to as the "Agreement") is made and entered into on this _ day of , 2006, by and between Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "County") and , whose mailing address, telephone number, facsimile number and email address is (hereinafter referred to as the "Licensee"). WHEREAS, the County, pursuant to its governmental and proprietary functions has and maintains, by and through its elected and appointed officers, a Global Positioning System Network (hereinafter referred to as the "Network"); and WHEREAS, access to and use of the Network is highly beneficial to the operation of many departments and agencies within Collier County government; and WHEREAS, the County recognizes that access to this Network also may be highly beneficial to citizens and entities outside of Collier County government; and WHEREAS, the Licensee has requested access to and use of the Network operated by the County; and WHEREAS, the County may charge reasonable fees associated with providing and maintaining access to and use of the Network; and WHEREAS, the County and Licensee desire to enter into this Agreement for access and use of the Network by Licensee. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the County and Licensee expressly agree that: I. LICENSE. A. GRANT. The County hereby grants to Licensee and Licensee hereby accepts, upon the express tenns and conditions contained in this Agreement, a non-exclusive, revocable and non-transferable license to obtain access to, and use of, the Network for the uses and purposes authorized under this Agreement. B. SCOPE AND APPLICATION. The License granted under this Agreement shall be effective upon its acceptance and execution by the Agenda Item No. 1686 January 10, 2006 Page 5 of 8 County and shall remain in effect, unless sooner revoked or terminated, until and through December 31, 2006. 1. ACCESS. Pursuant to the terms and conditions of this Agreement, Licensee shall be provided access to and use of the Network. Licensee shall not be entitled to any modifications, updates, renewals, additional data, or information under the License granted by this Agreement except as otherwise allowed by applicable law. Licensee shall provide all equipment and software necessary for its own connection, its own support and own access to and use of the Network. 2. USE. Subject to the terms, conditions and prohibitions contained in this Agreement, Licensee shall be entitled to access and use the Network as provided under this License for any authorized use throughout the term of the License. 3. TRANSFER. This License is expressly non-transferable and Licensee shall not assign or attempt to transfer any interest, entitlement, or obligation under this Agreement to any other person or entity. 4. RENEW AL. Absent any notification by the County to the contrary, this License shall automatically renew for a two-year period upon written request of the Licensee. II. DATA AND INFORMATION. A. DESCRIPTION. This Agreement and the License granted by this Agreement applies to access and use of the Network. Nothing in this Agreement is intended to limit or restrict the rights of Licensee under Chapter 119, Florida Statutes. B. DISCLAIMER OF ACCURACY AND WARRANTIES. Licensee shall, and hereby does, knowingly accept the Network "as is" and the Licensee expressly acknowledges that it has no warranty with respect to access to or use ofthe Network or to any data generated by Licensee's access to or use of the Network. In this respect, the County expressly disclaims any representation or warranty as to the completeness or accuracy of any data or infonnation generated by Licensee's access to or use of the Network and also expressly disclaims any representation or warranty as to the Network's availability at any given time. Further, the County expressly disclaims any representation or warranty as to the suitability of any data or infonnation generated by access to or use of the Network for any intended purpose of the Licensee. C. RELEASE. Licensee expressly releases and hereby agrees to hold the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns harmless from any and all claims, causes of action, 2 Agenda Item No. 1686 January 10, 2006 Page 6 of 8 damages, liabilities or expenses that may arise out of or that relate in any way to the use of data or information generated by access to or use of the Network or by access to or use of the Network. Licensee hereby expressly agrees and acknowledges that it assumes all risk of any liabilities of any nature whatsoever that may arise or relate in any way to use of and access to the Network or reliance upon data generated as a result of use of and access to the Network. D. TITLE. The custody and title and all other rights and interests in the Network that is the subject of this Agreement, and the content thereof, are and shall at all times remain with the County. The Licensee shall not assign, sub-license, or otherwise transfer its rights hereunder and any such attempt to transfer shall be void. E. HOURS OF NETWORK OPERATION. Hours of Network operation will be established and posted on the Global Positioning System Network Internet Web site. Notification will be posted prior to any change in hours. No other notification will be given. The County will not be responsible for unplanned outages, including, but not limited to, system crashes, power failures, equipment failures, or acts of nature or any other event or occurrence rendering the Network unusable or access to the Network unavailable. F. UNITED STATES GLOBAL POSITIONING SYSTEM. The Licensee agrees the United States Global Positioning System is operated and managed by the United States Government. The Licensee further acknowledges and agrees that no warranty or representation is made by the County regarding accuracy or fitness of use or future availability of the United States GPS System. G. PUBLIC RECORDS. Licensee understands, aggress and acknowledges that, depending upon the facts and circumstances, data or information generated by access to or use of the Network may become subject to disclosure under the Florida Public Records Act. III. FEES AND COSTS It is the County's intent to recover the reasonable costs of making the Network available to the public and maintaining the Network for such availability. Thus, a fee for access may be set by the Board of County Commissioners during the initial term of this Agreement and Licensee agrees it shall pay any such fee within thirty (30) days after receipt of written notice trom the County as a condition for continued access to the Network. This fee will be reevaluated annually and adjusted based on maintenance costs and updating costs to continue public access to the Network. The adjusted fee will be declared prior to annual renewal of this Agreement. Licensee shall and hereby agrees to pay to County in accordance with all readjusted fees for each annual term of this Agreement. 3 Agenda Item No. 1686 January 10, 2006 Page 7 of 8 IV. PURPOSE AND USE OF NETWORK A. REPRESENTATIONS. Licensee hereby represents that access to and use of the Network shall only be used for purposes of Global Positioning System surveys, data collection related to surveying, mapping and post- processmg. B. LICENSEE USE ONLY. Licensee agrees that access to and use of the Network will be for Licensee's internal needs. V. NOTICES AND TERMINATION. A. NOTICES. Any notices required or provided under this Agreement by the County will be deemed received by Licensee upon faxing, emailing or by deposit of the notice in regular U. S. mail with fIrst class postage prepaid. Such notices to the Licensee shall be directed to the address, fax number or email address of the Licensee as stated in this Agreement. Any notices to be provided to the County by Licensee must be provided by both facsimile and regular U.S. mail to and at fax number: B. TERMINATION. The County may tenninate this agreement at any time with or without cause upon thirty (30) days' written notice to the Licensee. Licensee may tenninate this agreement at any time with or without cause upon thirty (30) days' written notice to the County. VI. MISCELLANEOUS. A. This Agreement contains the entire understanding between County and Licensee and supersedes all prior agreements or understandings between County and Licensee with respect to the agreement subject matter. B. Any modification or waiver of any provision in this Agreement shall not be effective unless made in writing and signed by authorized representatives of both the County and Licensee. c. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. D. In the event that any tenn or provision of this Agreement is deemed unenforceable or unlawful for any reason, the remainder of the Agreement shall remain enforceable and in effect. 4 --,---_.. ~---- Agenda Item No. 1686 January 10, 2006 Page 8 of 8 E. This Agreement is rreely and voluntarily executed by the County and Licensee after they have been apprised of all relevant infonnation concerning this Agreement. The County and Licensee acknowledge this Agreement as the product of mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement is to be construed against either the County or the Licensee either based upon a claim the party drafted the ambiguous language or that the language in question was intended to favor one party or the other. F. The effective date of this Agreement shall be the date upon which it is approved by the County. WITNESSES: LICENSEE Signed Name Printed Name Signed Name Printed Name BY: TITLE: DATE: WITNESSES: COLLIER COUNTY Signed Name Printed Name Signed Name Printed Name BY: TITLE: DATE: Approved as to fonn and legal sufficiency: Assistant County Attorney 05-TRN-00029/5 5 Agenda Item No. 1687 January 10, 2006 Page 1 of 2 .- EXECUTIVE SUMMARY Recommendation to approve expenses for McDonald Transit that were incurred in Fiscal Year 04/05 under contract 00-3146 that expired on 9/30/05 in the estimated amount of $42,000. OBJECTIVE: To acquire Board approval for expenses accrued in September for the Transit and Para-transit system that were received for payment after the expiration of the contract. CONSIDERATIONS: Contract 00-3146 for McDonald Transit for the CAT system expired on September 30th.. McDonald Transit was awarded the new contract (05-3845) for Fixed Route and Para-transit Services effective October 1st, 2005. The Para-transit program was previously perfonned by ATC Intelitran. So as not to have a break in Para-transit service, the transition plan to begin providing the management of the para-transit program at the CAT County Barn Facility required several expenses. These expenses were needed to ensure minimal service disruptions to the most vulnerable members of our community. During the transition to McDonald Transit, expenses included, but were not limited to, office set ups, computer set ups, phone lines installed, and a radio system to take reservations. .---- If these expenses were implemented after October 1, 2005, there may have been critical disruptions in service for the passengers on the para-transit program. These passengers include the elderly, members of the disabled community, dialysis patients, and those who are transportation dependent. Other expenses from McDonald Transit CAT system were incurred in September and made part ofthe October invoice submittal need to reflect back to the expired contract to stay within contract tenns. Expenses for both the Transit and the Para-transit system for September services total an estimated $42,000. The expenses for the CAT system need to be reflected against the old contract, 00-3146 and since the para-transit service is new service with CAT, we request Board approval to pay the September expenses against the new contract 05-3845. Expenses for CAT are estimated at $37,141.19 and for Para-Transit $4,858.81 for a total of $42,000.00. FISCAL IMPACT: Funds will come from CAT Transit Enhancement Fund 426 project 61011 and Transportation Disadvantaged Fund 427 project 31427 matching the appropriate expense to the project. No additional funds are being requested there is sufficient budget to cover these expenses. GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve expenses incurred in September 2005 in the estimated amount of $42,000. ~ PREPARED BY: Sharon Newman, Operations Support Manager, Transportation Services Item Number: Item Summary: Meeting Date: Agenda Item No. 1687 January 10, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B7 Recommendation to approve expenses for McDonald Transit that were incurred in Fiscal Year 04í05 under contract 00-3146 that expired an September '30, 2005 in the amount of $42.000. 1110/2006 9:00:00 AM Planning Technìcian Date Approved By Jeanne A. Marc.ella Transportation SelVÎces Transportation Planning 12127/2005 6:44 AM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportatíon ServÎces Admin 12127/2005 2:06 PM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 12126/20057:47 AM Donald L Scott Transportation Planning Director Date Approved By Transportation Services Transportation Planning 12/26/20057:51 AM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 12/28/200510:29 AM OMS Coordinator AdmÎnistrative Assistant Date Approved By County Manager's Office Office of Management & Budget 12/28/20064:20 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 12/29/200511:10 AM Approved By County Manager Date James V, Mudd Board of County Commîssioners County Manager's Office 12130/200511:33 AM Agenda Item No. 1688 January 10, 2006 Page 1 of 5 --- EXECUTIVE SUMMARY Recommendation to approve and execute a contract amendment between Collier County and the Commission for the Transportation Disadvantaged for funding in the amount of $235,466 for the provisiQn of transportation for qualified Medicaid recipients. OBJECTIVE: To acquire Board approval to execute a contract amendment between Collier County and the Commission for the Transportation Disadvantaged, agreement number BDA80, project ID 41604318201, for the provision of transportation services for qualified Medicaid recipients. ,,-- CONSIDERATION: As the Community Transportation Coordinator for Collier County, the Board of County Commissioners entered into a contract with the Commission for the Transportation Disadvantaged for the provision of the Medicaid non- emergency transportation services in the amount of $514,259 for 2005 or $42,855 per month. The Commission for the Transportation Disadvantaged has offered a contract amendment for provision of Medicaid non-emergency transportation for a total contract cost of $749,725. Execution of this contract amendment would provide Collier County $235,466 to transport Medicaid clients for the first six months of 2006. The Commission for the Transportation Disadvantaged has made no further decision for transport of Medicaid clients past June of 2006. The County budgeted $1,660,000 in FY06 for the transportation of paratransit clients, which includes Medicaid clients. Any costs above the funding provided by the Commission for the Transportation Disadvantaged will be funded through these County budgeted funds. The contract provides for a thirty day cancellation, without cause, in the event the County wishes to cancel the contract with the Transportation Disadvantaged Commission. If the County chooses not to execute this amendment for the reduced compensation for transportation of Medicaid clients, the Transportation Disadvantaged Commission would contract with another provider outside of the local coordinated transportation system. The new provider would have the ability to re-classify current Medicaid clients that reside within % of a mile of a transit route to ADA thereby requiring the County to provide door-to-door Para-transit service to more than 2,000 clients without receiving the compensation provided by the Transportation Disadvantaged Commission. As such, the County's funding needs could be even greater. FISCAL IMP ACT: Execution of the contract amendment provides Collier County $235,466. This funding will be budgeted in the Transportation Disadvantaged Fund 427- 138337-45071. If expenses are incurred above $235,466, they will be funded through the FY06 budget of$I,660,000 in Fund 427-138337-314271. GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. ,,-- ,,~;,,_""._fff'" ,""'-""'- ./"""' ,..-- Agenda Item No. 1688 January 10, 2006 Page 2 of 5 RECOMMENDA TION: That the Board approve the execution of the contract amendment between Collier County and the Commission for the Transportation Disadvantaged in the amount of $235,466 for a revised contract amount of $749,725, that the Chairman be authorized to sign the amendment on behalf of the Board, and that the Board approve any budget amendments necessary to recognize the funds received. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Attachment: Contract amendment # 1 Item Number. Item Summary: Meeting Date: Agenda Item No, 16B8 January 10. 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B8 Recommendation to approve and execute a contract amendment between Collier County and the Commission for the Transportation Disadvantaged for funding in the amoun1 of $235,466 for the provision of transportation for qualified Medicaid recipients 1/10/200690000 AM Director ATM Diractor Date Approved By Diane B. Flagg Transportation Services Atternatíve Transportation Modes 12/211200510:56 AM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 12/22120053:23 PM Sharon Newman Accounting Supervisor Date Appreved By Transportation Services Transportation Services Admin 12/27/20051:11 PM Rhonåa Rembert Contract Specialìst Date Approved By Administrative Services Purchasing 12127120053:57 PM Usa Hendrickson Senior Planner Date Approved By Transportation Services Alternative Transportation Mode9 12/28/2005 9:45 AM Steve Carnell Purchasing/General $vcs Director Date Approved By Administrative Services Purchasing 12/28/200511:19 AM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Servic.es Admin 12128/200512:58 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 12128120054:20 PM Scott R. Teach Assistant County Attorney Date Approved By County Attorney County Attorney Office 113120068:41 AM Mark Isackson Budget Analyst Date Approved By county Manager's Office Office of Management & Budget 1/3120069:41 AM Mìchael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 113120069:52 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1131200611:49 AM "..".,~_.__.,.,~~ STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED MEDICAID NON-EMERGENCY TRANSPORTATION (NET) PROGRAM SUBCONTRACTED TRANSPORTATION PROVIDER AGREEMENT AMENDMENT NO 1 Agenda Item No. 1688 January 10, 2006 Page 4 of 5 AGREEMENT #: FINANCIAL PROJECT 10#: F.E.I.D.# BDA80 41604318201 596-000-558-004_ This agreement, entered into on November 1, 2005 by and between the State of Florida, Commission for the Transportation Disadvantaged, hereinafter called "Commission" and Collier Co. Brd. of County Comm., 2885 S Horseshoe Dr., Naples, FL, 34104, hereinafter called "Subcontracted Transportation Provider" for Collier County. WITNESSETH: WHEREAS, the Commission and the Subcontracted Transportation Provider heretofore on 1/1/2005 entered into an Agreement, hereinafter called the Original Agreement; WHEREAS, the Commission desires to participate in all eligible items of development for this project as outlined in the attached amended Exhibit B. WHEREAS, this amendment is necessitated by the amendment of the contract between the Commission, and the Agency for Health Care Administration for Medicaid Non-Emergency Transportation (NET) services. NOW, THEREFORE, THIS INDENTURE WITNESSETH; that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Agreement is to be amended as follows: 1. Purpose of Agreement: The purpose of the agreement is not changed. 2. Accomplishment of the Agreement: The accomplishment of the agreement is not changed. 3. Project Cost: Paragraph 8, AGREEMENT AMOUNT AND PAYMENT of said Agreement is increased by $235,466.00 bringing the revised total cost of the project to $749,725.00. 4. Expiration of Agreement: Paragraph 2, TERM of said Agreement is amended to be June 30, 2006. 5. Exhibit 8 of said Agreement is replaced by Amended Exhibit 8 and is attached hereto and made a part hereof. EXCEPT as hereby modified, amended, or changed, all other terms of the Agreement dated 1/112005 shall remain in full force and effect. This amendment cannot be executed unless all previous amendments to this Agreement have been fully executed. In witness whereof, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED COLLIER CO. BRD. OF COUNTY COMM. NAME NAME Executive Director TITLE TITLE AGREEMENT #: AGREEMENT AMENDMENT DATE: Agenda Item No. 1668 J¡:Inl1ary 10, 2006 BDA80 Page 5 of 5 November 1, 2005 EXHIBIT B AMENDMENT # 1 METHOD OF COMPENSATION For the satisfactory performance of the services and the submittal of Encounter Data as outlined in Exhibit A, Scope of Services, the Subcontracted Transportation Provider payments shall be changed from $21,427.46 to $20,073.56 semi-monthly. The Subcontracted Transportation Provider shall be paid up to a maximum amount of $749,725.00. The Subcontracted Transportation Provider shall submit invoices in a format acceptable to the Commission. The Subcontracted Transportation Provider will be paid, after the Commission has received payment from the Agency for Health Care Administration. 1. Project Cost: The Subcontracted Transportation Provider shall request payment through submission of a properly completed invoice to the Commission Contract Manager or its designee. Once the Commission has signed the invoice for approval, the Commission shall submit the approved invoice to the DOT Disbursement Operations Office for payment to the Subcontracted Transportation Provider. County OriQinal Contract Amendment Amount Total Project Cost Collier $514,259.00 $235,466.00 $749,725.00 2. Disbursement Schedule of Funds FY 05/06 November 1st $20,073.56 November 15th $20,073.56 December 151 $20,073.56 December 15th $20,073.56 January 151 $20,073.56 January 15th $20,073.56 February 1 at $20,073.56 February 15th $20,073.56 March 1 st $20,073.56 March 15th $20,073.56 April 1 at $20,073.56 April 15th $20,073.56 May 1 st $20,073.56 May 15th $20,073.56 June 1st $20,073.56 June 15th $20,073.56 ^.._--".,~---""""..,.>, Agenda Item No. 1689 January 10, 2006 Page 1 of 17 ~ EXECUTIVE SUMMARY Recommendation to approve the Park-n-Ride Site Identification Study FY 2006. OBJECTIVE: To approve the Park-n-Ride Site Identification Study FY 2006. CONSIDERATION: The purpose of the Park-n-Ride Site Identification Study is to ensure that the provision of public transportation service is consistent with the travel needs and mobility goals of the local communities that are served by the transit system. The Park-n-Ride Site Identification Study can serve as a guide in the future development of park-n-ride site locations for the transit system that will meet the needs of the community. The Park-n-Ride Study identifies the goals, objectives and implementation strategies for Collier Area Transit (CAT). The study also provides a funding element for the implementation of the transportation services for Collier County. FISCAL IMPACT: The Park-n-Ride Study includes a recommendation of services to implement. At this time, no local funding has been earmarked for park-and-ride facilities; however, discretionary funding is available through the Florida Department of Transportation's Park and Ride Development Program. ~ GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the Park-n-Ride Site Identification Study FY 2006. Prepared by: Attachment: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Park-n-Ride Site Identification Study FY 2006 ~ Agenda Itern No. 1689 January 10. 2006 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting O.te: 1669 Recommendation to approve the Park-n-Ride Site Identification Study FY 2D06. 111 0!2006 9:0000 AM A pproved By Bianca Nieves Administrative Assistant Date Transportation Service' Alternative Transportation Modes 121191200510:12 AM Approved 8y Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12119/20051:59 PM Approved By Oiane B. Flagg Director A TM Director Date Transportation Services Atternative Transportation Modes 12119/20053:12 PM Approved By Sharon Newman Accounting Supervisor Date Transportation ServÎCes Transportation Services Admin 12/28120053:30 PM A pproved By Pat Lehnhard Executive Secretary Date Transportation Services Transportatíon Services Admin 12/28/20053:32 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12128/20054:19 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12/28120054:28 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 12130/200612:14 PM "._._...._""'"..,~. COLLIER COUNTY Park & Ride Site Identification Study Prepared for: Collier County www.colIier{!ov.net Co~r County ---- ~ - Prepared by: Center for Urban Transportation Research College of Engineering University of South Florida Tampa, FL www.cutr.usf.edu IlluTR ~ UNIVERSITY OF ~ SOUTH FLORIDA. "'''''~-''''~--..,... " Draft Final Report November 2005 Agenda Item No. 1689 January 10, 2006 Page 3 of 17 Collier County Park-and-Ride Site Identification Study Page 1 of 52 Agenda Item No. 16B9 January 10, 2006 Page 4 of 17 Introduction The Center for Urban Transportation Research (CUTR) at the University of South Florida (USF) was contracted to provide Collier County with a plan identifYing sites suitable for development of informal and formal park-and-ride facilities. This report is separated into four sections. The first section identifies primary transportation corridors including major roads and the fixed- route public transit networks provided by Collier Area Transit (CAT) and Lee County Transit (LeeTran). In the second section, specific potential park-and-ride sites are identified. The third section looks more closely at site plan development and general "rule-of-thumb" costs. Finally, the fourth section describes and provides examples of interlocal agreements used for establishing park-and-ride facilities by other transit systems. The intent of park-and-ride facilities is to provide a common location for individuals to transfer from a low- to a high-occupancy travel mode; as such, they can be classified as intermodal facilities. While most commonly considered as a staging location for individuals to transfer between auto and transit or other high-occupancy vehicle (HOY) modes, park-and-ride lots can serve a wider range of intermodal transfers, thus providing better integration with the surrounding environmentl. Other modes that can potentially be supported by park-and-ride facilities include pedestrian, bicycle, paratransit, carpooljvanpool, intercity bus, airport service, and rail. Park-and-ride lots can be categorized into six general functions, as described belowl: Informal park-and-ride lots are often simply transit stops at which travelers park their cars on- street or in an adjacent property to access the system. The parking area is not identified as being associated with the transit service. They can also be where vanpools and carpools are formed. Informal lots are often located at major intersections, near areas of recurring congestion, or near geographic barriers to travel. Typically, there is no public investment in this type oflot, and private investment is a possibility, although not likely. Opportunistic or joint-use park-and-ride lots are defined as a shared facility with another activity such as a church, shopping center or mall, theater, or special events center. In most cases, the park-and-ride activity is the secondary use of the facility. Joint-use lots can be procured quickly and with relatively low cost depending on the circumstances and the development of an agreement between the implementing agency and the lot owner. Opportunistic lots can also be smaller lots near a transit stop or major intersection that take I Spiller, Robert J., "Park-and-Ride Planning and Design Guidelines," Parsons BrinckerhoffQuade & Douglas, Inc., October 1997. Collier County Park-and-Ride Site Identification Study Page 2 of 52 -"""-,-"',-"_...,~.~ Agenda Item No. 1689 January 10, 2006 Page 5 of 17 advantage of excess highway right-of-way or vacant property. With these types of facilities, there is significant potential for public-private partnerships. Park-and-voollots are usually sma11er in size and intended primarily for carpools and vanpools. This type ofIot can be developed as an opportunistic or joint-use facility. Suburban vark-and-ržde lots are genera11y located at the outer edges of an urban area. These lots function mainly to co11ect transit customers as close to their place of origin (home) as possible, and provide a point of transfer to transit service, typica11y express bus service. Suburban lots are usua11y funded publicly, but can also be owned privately. Opportunities for joint-development and multi-use facilities are often available. Transžt centers (žntermodal transžt centers), in many cases, do not only serve the transit mode, but also serve as park-and-ride facilities. Such lots at transit centers often require a greater investment by the transit agency, but can convey an image of permanence for the transit agency. SatelUte parldna facžlžties (also known as remote parking lots) are characterized by their proximity to a trip destination, rather than a trip origin. They are located at the edge of an activity center to provide an alternative to parking within the activity center itself. These types ofIots tend to operate more as private parking lots than intermodal facilities. Identification of Existing Transportation Corridors and Potential Park-and-Ride Corridors Col1ier and Lee Counties have existing public transportation systems, CAT and LeeTran, respectively. The fixed route networks for each of these systems, along v.rith the major area roads, are shown in Figures 1 & 2. Both 1-75 and U.S. 41 are the primary north-south arterials connecting the two counties. In addition, within Col1ier County, a major north-south corridor is County Road 951 (Col1ier Blvd.). East-west links between coastal and interior portions of Collier County are provided by Immokalee Rd., Pine Ridge Rd., Golden Gate, and Davis Blvd. Park & ride sites that provide relief in these increasingly congested corridors wi11 have the greatest likelihood for success. Collier County Park-and-Ride Site Identification Study Page 3 of 52 Agenda Item No. 1689 January 10, 2006 Page 6 of 17 According to the recently completed Collier County Transit Development Plan (TDP) Major Update, 2006 - 2015, rapid growth in the county will lead to continuing increases in congestion along these major corridors. Specifically relating to park-and-ride services, the following recommendations from the TDP update discuss the provision of park-and-ride lots along with increased transit services, both within Collier County and, eventually, between Collier and Lee Counties. . Work with Collier County Parks and Recreation to coordinate park-and-ride facilities to provide access to Naples Beaches. CAT should work with the Parks and Recreation department of the County on the coordination of services to Naples Beaches. As a start, the financial element of this TDP includes the costs for a specific recommendation of providing beach access from Naples Park Elementary to the Vanderbilt Beach area, linking to the CAT bus system. An FDOT Service Development Grant has been submitted for this recommendation. . Provide park-and-ride service to Golden Gate Estates. Demand has been identified for service from Golden Gate Estates into Naples that can be met with park-and-ride service. An FDOT Service Development has been submitted for this recommendation. . Investigate coordinating transit services with LeeTran. Regular meetings with LeeTran representatives should be ongoing to address intercounty transportation issues for Collier and Lee Counties. Issues for collaboration should include service between downtown centers, US-41 corridor service, possible connection of services, and an integrated fare policy. For this report, the identification of potential park-and-ride corridors was based on input from Collier County and MPO staff, the County's Comprehensive Pathways Plan update, other County planning efforts, relevant Lee County planning efforts, and CUTR's previous work in Collier and Lee Counties, as well as in other areas of Florida. For consistency with the County's Comprehensive Pathways Plan update, consideration was given for the location of park-and-ride sites with potential trailheads at locations where proposed off-road trail connectors intersect with major roadways and/or transit routes. Potential park-and-ride corridors and locations were also considered within Collier County's Transportation Concurrency Management Areas (TCMAs) and Transportation Concurrency Exception Area (TCEA). The TCMAs and TCEA are alternative concurrency management systems that are authorized by Florida Statutes and are intended to regulate increased traffic volume resulting from new development while also promoting affordable housing, redevelopment programs, and development policies designed to control urban sprawl. --~-,~---~' Agenda Item No. 1689 January 10, 2006 Page 7 of 17 A TCMA supports the provision of more efficient mobility alternatives, including transit, and has an area-wide level of service standard as the basis for approval of final local development orders. Collier County currently has two TCMAs, the Northwest TCMA and the East-Central TCMA. To maintain concurrency, each TCMA shall maintain 85 percent of its north-south lane miles and 85 percent of its east -west lane miles at or above their adopted level of service (LOS) standards. A TCEA is designed to reduce the adverse impact transportation concurrency may have on urban sprawl control policies and redevelopment. Collier County currently has one TCEA, the South U.S. 41 TCEA. Development within the boundaries of this TCEA is exempt from transportation concurrency requirements as long as impacts to the transportation system are mitigated through various Transportation Demand Management (TDM) strategies. For this study, the following corridors were identified for examination of potential park-and- ride locations. · Immokalee Rd. (846) from US 41 to 1-75 · Immokalee Rd. (846) from 1-75 to Oil Well Rd. · Collier Blvd. (951) from Immokalee Rd (846) to US 41 · Golden Gate Blvd. from Collier Blvd. (951) to DeSoto Blvd. · I -75 from just north of Lee County line to Collier Blvd. (951) · Downtown Naples area (perimeter of the "Four Corners" area) · Vanderbilt Beach Rd. from US 41 to Collier Blvd. (951) · Pine Ridge Rd. from Goodlette-Frank Rd. to Logan Blvd. · Golden Gate Parkway from 1-75 to Collier Blvd. (951) · Seminole Gulf Railroad Line (north from Railhead Industrial Park into Lee County) Identification of Potential Park-and-Ride Sites Current Sites Naples Park Elementary, located at 111th Avenue and th Street is used as a park-and-ride facility during peak tourist season in order to shuttle passengers to the beaches. LeeTran has park-and-ride locations at Summerlin Square and the Bonita K-Mart Plaza. The LeeTran park-and-ride facilities connect trolley service to the beaches and regular fixed route services. Agenda Item No. 1689 January 10, 2006 Page 8 of 17 Site Identification Park-and-ride facilities serve as conveniences to commuters and may be promoted to reduce the demand for limited traffic capacity during peak hours of travel. In order to entice choice commuters to give up their cars for substantial portions of their daily trips, park-and-ride facilities must be conveniently located. This means a commuter must not have to drive a far distance to the park-and-ride or in a direction contrary to his/her work or other destination. Also, the park-and-ride facility should be located to capture the maximum portion of the common "trunk" trips of commuters. Since I -75 has been established as the major trunk of travel for commuter trips in Collier and Lee Counties, park-and-ride facilities should be located as close as possible to interchanges. Another important criterion important to locating park-and-ride facilities is visibility. Can customers easily find the facility? The location of a less-than-ideal site can be mitigated with well-marked signage guiding drivers to the lot. The ideal site will not require patrons to drive far from a primary arterial roadway. Also important to the convenience of the commuters is a park-and-ride facility's proximity to activity centers for other trip purposes. Examples include grocery and retail shopping, personal services (e.g., dry cleaning, video rental, photo processing, etc.), and restaurants. This allows the commuter to combine daily travel for a variety of purposes. Access to the parking facility from a roadway is important. Access to or egress from the facility during peak traffic may be facilitated across a busy two-lane or divided four-lane roadway at a controlled intersection. If traffic makes it consistently difficult to access the facility, customers will be discouraged from utilizing it. The potential to interface with existing or new fixed-route bus service will become increasingly important as CAT's service expands. Potential future linkages between CAT and LeeTran will also need to be addressed. A final consideration in siting park-and-ride facilities in Collier County is cost. As a unit of county government, it is considered prudent for CAT to provide public service at the lowest possible cost. Since demand estimation for such facilities can be difficult, incremental approaches in providing park-and-ride facilities are preferred. Therefore, primary consideration was given to sites that were already developed, requiring little capital improvements. If agreements can be reached with the property owners of these sites, formally or informally, park-and-ride facilities may become available quickly to the public. -,-----.. Agenda Item No. 1689 January 10, 2006 Page 9 of 17 High initial or increasing utilization of these sites will provide justification for facility expansion. In contrast, low utilization of these sites limits the County's financial liability until a later time when demand justifies increasing expenditures. In consideration of the criteria given above, CUTR has identified 32 initial sites for Collier County to consider in establishing park-and-ride facilities. Not all of these proposed sites are currently developed, with amenities such as pavement and lighting. The total parking spaces available for park-and-ride customers at each site is unknown at this stage. The final number of available parking spaces will depend on the unique arrangements made with each property owner. Upon visual inspection, it appears that each of the sites proposed herein could support space for a minimum of 10 automobiles reserved exclusively for car/vanpools, in addition to spaces for single-occupant vehicles. Larger sites such as shopping centers could probably provide additional spaces. Space designated for CAT's park-and-ride commuters, however, must be negotiated on a site-by-site basis with individual property owners and, possibly, current tenants. Gone are the days when well-funded public transportation agencies, including state DOTs, are easily able to purchase choice land parcels to support policies and programs. For park- and-ride facilities, especially, transportation planners usually must be satisfied with parcel remnants from earlier road building projects and existing rights-of-way. Such undeveloped parcel remnants may become attractive in the future if any of the developed sites proposed here either exhaust capacity or become unavailable for park-and-ride facility development. Figure 3 presents a map of the 32 potential park-and-ride locations initially examined for this study. Following Figure 3, the sites are briefly described. In addition, Appendix A includes a table that contains additional information about these sites and their ownership. Appendix C contains aerial photographs and basic site plans for the potential locations. No attempt was made at this stage to preference rank the proposed sites. It is unknown whether or not each of the property owners ""ill ultimately be receptive to the idea of establishing park-and-ride facilities on their properties. Letters were mailed and/or faxed to the owners of each site, soliciting their preliminary interest in contributing to a park-and- ride program in the County. The letter (included in Appendix B) introduced the park-and- ride concept, alerted each owner as to the desirability of the property for developing a park- and-ride facility, and briefly stated potential benefits. The responses received to date are indicated in the table in Appendix A along with the relevant contact information. As of the date of this final draft report, CUTR has received responses from six of the property owners. Potential Park-and-Ride Sites Agenda Item No. 1689 January 10, 2006 Page 10 of 17 . Naples Elementary, ll1th Avenue and ¡th Street (current informal site for weekend beach service) This site is located within the Northwest TCMA, and along an identified potential pathway corridor. . Shoppes of Pebble brooke, southwest corner oflmmokalee Rd. (846) and Collier Blvd. (951) This site is located on an identified potential pathway corridor, a portion of which is under design. . Heritage Bay, northeast corner ofImmokalee Rd. (846) and Collier Blvd. (951) This site is located on an identified potential pathway corridor, a portion of which is under design. . Northeast corner of lmmokalee Rd. (846) and 4th St. NE This site is located on an identified potential pathway corridor. . USDA Center and Fairgrounds, lmmokalee Rd. and 39th Avenue NE This site is located on an identified potential pathway corridor. . Mission Hills Shopping Center, northwest corner of Vanderbilt Beach Rd. and Collier Blvd. (951) This site is located on an identified potential pathway corridor, a portion of which is under design. . Crossroads Market, Pine Ridge Rd. and Collier Blvd. (951) This site is located in the northeastern part of the East-Central TCMA, and is adjacent to an identified potential pathway corridor. This property owner, however, is not interested in being involved in a park-and-ride lot because the lease precludes such use. . Vacant lots, Magnolia Pond and Collier Blvd. (951), northwest and northeast corners These sites are located within the East-Central TCMA, and along an identified potential pathway corridor. Agenda Item No. 1689 January 10, 2006 Page 11 of 17 · Naples Lake Village Shopping Center, northwest corner of Collier Blvd. (951) and Rattlesnake Hammock Rd. This site is located on an identified potential pathway corridor. · Vacant lot, southwest corner of Collier Blvd. (951) and Rattlesnake Hammock Rd. This site is located on an identified potential pathway corridor. · Freedom Square Shopping Center, northwest corner of Collier Blvd. (951) and US 41 This site is located on an identified potential pathway corridor. · Eagle Creek Shopping Center, southwest corner of Collier Blvd. (951) and US 41 This site is located on an identified potential pathway corridor. · Naples Outlet Mall, Collier Blvd. (951), south of U.S. 41 This site is located along an identified potential pathway corridor. In addition, the property owner has expressed interest in a park-and-ride site (see Appendix A). · Vacant lot behind gas station, northeast corner of Golden Gate Blvd. and Wilson Road This property owner is interested in discussing the possibility of a park-and-ride lot further (see Appendix A). · Vacant property, southeast corner of Golden Gate and Wilson Road · Wal-Mart, exit 111,1-75, east of Strand This site is located within the Northwest TCMA, and along an identified potential pathway corridor. · Vacant property, exit Ill, 1-75, west of Strand This site is located within the Northwest TCMA, and along an identified potential pathway corridor. Agenda Item No. 1689 January 10, 2006 Page 12 of 17 · Vacant property, east of exit 116, 1-75, Trade Center Drive (Lee County) · Vacant lot, east of exit 116,1-75, north of Bonita Beach Rd. (Lee County) · Vacant properties, west of exit 116, 1-75, northwest and southwest corners (Lee County) · Coastland Mall, southeast corner of Golden Gate Parkway and us 41 This property owner is interested in discussing the possibility of a park-and-ride lot further (see Appendix A). · Grand Central Station, 10th Avenue between Goodlette-Frank Road and US 41 Due to extensive redevelopment efforts over the next few years, this property owner is not interested in the idea of a park-and-ride site. · Third Bank back parking lot, Goodlette-Frank Road and 7th Street · Marketplace Center, southwest corner of Vanderbilt Beach Road and US 41 This site is located within the Northwest TCMA, and along an identified potential pathway corridor. · Magnolia Square, northeast corner of Pine Ridge Rd. and Goodlette-Frank Rd. This site is located in the southwest corner of the Northwest TCMA, and along an identified potential pathway corridor. · Bed, Bath, and Beyond Plaza, Pine Ridge Rd. and Airport-Pulling Road This site is located along the southern edge of the Northwest TCMA. . Parkway Community Church, east of future interchange of 1-75 and Golden Gate Parkway This site is located within the East-Central TCMA. Agenda Item No. 1689 January 10, 2006 Page 13 of 17 · Elizabeth Ann Seton Catholic Church and School, Golden Gate and 52nd This site is located within the East-Central TCMA, and along an identified potential pathway corridor. · Vacant lot west of Elizabeth Ann Seton Catholic Church and School This site is located within the East-Central TCMA, and along an identified potential pathway corridor. · Golden Gate Shopping Center, Golden Gate Parkway and Coronado This site is located within the East-Central TCMA, and along an identified potential pathway corridor. However, the property owner is not interested in being involved with a park-and-ride site due to concerns about liabilities and other problems such as maintenance (see Appendix A). · Parkway Plaza Shopping Center, Golden Gate Parkway This site is located within the East-Central TCMA, and along an identified potential pathway corridor. · Railhead Blvd. and railroad tracks (Seminole Gulf Railroad Line, north Collier County) This site is located in the northern portion of the Northwest TCMA. Located along the Seminole Gulf Railroad Line, this site can be considered for park-and-ride activity for any rail or bus rapid transit service between Collier and Lee Counties. · Bonita Beach Blvd. and Iowa Street (Lee County, vacant lots west of railroad tracks) Located along the Seminole Gulf Railroad Line, this site can be considered for park- and-ride activity for any rail or bus rapid transit service between Collier and Lee Counties. · Miromar Outlet Mall, exit 123,1-75 (Lee County) This site could be used for future carpoolsjvanpools or transit services between Collier and Lee Counties. Additional sites to pursue include near the Ave Maria University, the location of which is being coordinated with Naples Community Hospital and Ave Maria developers. Also, Immokalee is growing in importance as a future point of connection between CAT and LeeTran services. In Lee County's Long Range Transportation Plan Update (Transit Element), a park-and-ride site is proposed in Immokalee to serve a new corridor between the City and the Colonial Blvd.jSR 82 intersection. Agenda Item No. 1689 January 10, 2006 Page 14 of 17 Local Selection of Priority Sites It is anticipated that the above list of potential park-and-ride locations will narrowed down to approximately 10 to 15 short-listed sites, based on further review from Collier County and MPO staff, as well as other input from the Collier County MPO subcommittees. Factors to consider in prioritizing the sites include location of available property, interest of current property owners, potential use for existing carpools and transit users, and proximity to near- term transit improvements. After making an initial contact with the property owners of the sites included in this report, three property owners indicated that they would be interested in learning more about the potential to host a park-and-ride site for the County (contact information is included in Appendix A). These three locations Oisted below) have other key elements that make them attractive locations. In addition to these three sites, several other potential priority sites are listed below. · Naples Outlet Mall, Collier Blvd. (951), south of U.S. 41. This is a key location. In addition, the property owner has expressed interest in a park-and-ride site. · Vacant lot behind gas station, northeast corner of Golden Gate Blvd. and Wilson Road. This property owner is interested in discussing the possibility of a park-and- ride lot further. This location is ideal for carpoolingjvanpooling and transit connections in this congested area. · Coastland Mall, southeast corner of Golden Gate Parkway and US 41. This property owner is interested in discussing the possibility of a park-and-ride lot further. This location has connections to U.S. 41, and can also provide connections to the Downtown Naples area (Four Corners) from the north. · Heritage Bay, northeast corner of Immokalee Rd. (846) and Collier Blvd. (951). This site is located on an identified potential pathway corridor, a portion of which is under design. · USDA Center and Fairgrounds, Immokalee Rd. and 39th Avenue NE. This site could provide carpoolingjvanpooling and transit connections in this congested and growing area. · Freedom Square Shopping Center, northwest corner of Collier Blvd. (951) and US 41. This is a key location at the intersection of 951 and u.s. 41. · Wal-Mart, exit 111, 1-75, east of Strand. This site provides easy access to 1-75· · Vacant lot west of Elizabeth Ann Seton Catholic Church and School. This site could provide carpoolingjvanpooling and transit connections along congested Golden Gate Parkway. Agenda Item No. 1689 January 10,2006 Page 15 of 17 · Parkway Plaza Shopping Center, Golden Gate Parkway. This site could provide carpooling/vanpooling and transit connections along congested Golden Gate Parkway. · Miromar Outlet Mall, exit 123,1-75 (Lee County). This site could be used for carpools/vanpools and/or future transit services between Collier and Lee Counties. · Ave Maria University site (currently being coordinated). · Immokalee, intersection of CAT Blue Route, Marco Express, Immokalee circulator, and future LeeTran connections. This location can be key for connections to Lee County, as well. Another major factor in the prioritization and development of park-and-ride sites is the available funding to do so. On average, it has been found that the development and implementation of a park-and-ride lot can cost approximately $150,000 and require an average of two acres ofland. One option to explore is public-private partnerships with area property owners. It should also be noted that the Collier County MPO is in the process of updating its Congestion Management System report, which will include the provision of opportunities for park-and-ride lots to compete for the $500,000 that is set aside for congestion management projects. Eligible projects would only apply to select corridors, and congestion relief to the highway system would need to be demonstrated. The Florida Department of Transportation (FDOT) also has a Park-and-Ride Program. The program provides for the purchase and/or leasing of private land for the construction of park-and-ride lots, as well as the promotion and monitoring ofthe lots. It is an integral part of the Commuter Assistance Program. The Central Office has established criteria for detailed park-and-ride planning, implementation, and evaluation, which are contained in the State Park-and-Ride Lot Planning Handbook. All locally developed projects from locally adopted plans will be reviewed for eligibility by the FDOT District office, and suitable projects will be considered for funding. FDOT may provide funding for the planning, design, right-of-way acquisition, engineering, construction, inspection, and marketing of park-and- ride lots that are included in an approved park-and-ride project list or other locally adopted plan. Site Plan Development At this stage in the planning process, the development of detailed site plans is still premature. Because it is unknown which property owners will be agreeable to the establishment of park -and-ride facilities, designing the layout and planning for amenities on particular properties is not recommended at this time. Still, understanding the general characteristics of each site, including the site's relationship to other parcels and area roads, is helpful in conceptualizing and planning for park-and-ride facilities. To this end, CUTR Agenda Item No. 1689 January 10, 2006 Page 16of17 has provided site maps and aerial photos of most sites. This information can be used as a basis for designing facilities and determining needs requirements as well as site limitations. Aerial maps of the sites are presented in Appendix C. Several of the proposed sites for park-and-ride development are previously developed including paving and lighting; thus, there would be minimal improvements necessary to initially establish facilities. However, several are vacant lots or properties currently for sale or under development. Parked cars inflict minimal wear and tear on existing asphalt pavement lots; however, providing lot maintenance, resurfacing, and/or landscaping may be effective incentives to persuade a property owner to agree to the use of a facility as a park- and-ride lot. There may be some minor surface re-striping to clearly designate spaces set aside for park-and-ride customers. Additionally, some signs will be needed on-site and off- site to guide customers to the appropriate facilities. Local governments are best advised to utilize their own unique resources for determining the specific needs and costs of such minor improvements. Sample Interlocal Agreements Many of the proposed park-and-ride sites presented herein are already developed by public and private landowners. If a formal agreement* between a local government and the landowner of a particular site is desirable, a signed written agreement must be part of such arrangement to protect both parties from legal complications. CUTR contacted transit agencies in Orange, Hillsborough, Broward, and Miami-Dade counties to acquire examples of agreements for park-and-ride facilities. CUTR obtained copies of three existing agreements from HARTline, the public transit provider for Hillsborough County. One is designed to serve as an agreement for land use with a municipality and another with a church (or other private property owner). The third agreement presented here is for an easement of property, in this case with a municipality. These have been adapted for local government's use; however, the agreements provided here are not ready-made. They should be viewed as a basis for consideration, scrutinized, and further adapted by local government staff. Furthermore, it is recommended that local governments seek advice from legal counsel before entering into any agreement with another party, whether public or private. The agreements are presented in Appendix D. The agreements with the municipality and with the church are similar. An exception is that the municipality agrees to maintain the asphalt lot whereas resealing and maintaining the * (versus an informal "gentlemen's agreement" allowing the site to be utilized and possibly promoted, without consequence to the local government, for public commuter parking) '-'''-''''-'---~">~'~'-'''- Agenda Item No. 1689 January 10, 2006 Page 17 of 17 asphalt surface is used as an incentive to get the church (or other private property owner) to agree to public access for commuter parking. A local government may provide funding for such improvements in its capital budget as long as a formal agreement exists with a private property owner. In all three agreements, the local government is responsible for the cost of any improvements made on behalf of its patrons, e.g., amenities including shelters, benches, transit information, etc. The more improvements a local government proposes to make to the lot, the longer the formal agreement v.rith the private property owner should remain effective. A minimum five-year agreement should be considered, though each site should be evaluated on a case-by-case basis. Summary and Conclusion This park-and-ride site identification study is an initial step in the planning process for park- and-ride lots in Collier County. Existing major transportation corridors in the County (and southern Lee County, as well) were summarized and, from those, potential park-and-ride corridors were identified. Along these potential corridors, a total of 46 initial potential sites were identified in the early stages of this study. Of those, 36 are included in this report, and a total of 12 sites are listed as potential priority sites. Basic information on funding issues and site plan development is also included, as well as some sample interlocal agreements used by other agencies in Florida. It is anticipated that this site identification study will be used as a basis for the preparation of detailed park-and- ride project plans in Collier County and southern Lee County. Agenda Item No. 16810 January 10, 2006 Page 1 of 3 ,,- EXECUTIVE SUMMARY Recommendation to approve the use of Federal Transit Administration (FT A) FY 05/06 5307 grant funds for the purchase of three transit buses under Florida Public Transportation Association/Hartline contract #2003-07-01, trolley decal wraps, and necessary equipment (in the estimated amount of $880,971) and to recognize additional FTA FY 05/06 5307 grant funds OBJECTIVE: To acquire Board approval to purchase three transit buses, trolley decal wraps, and necessary equipment utilizing Federal Transit Administration FY 05/06 5307 grant funds and to recognize additional FT A FY 05/06 grant funds. CONSIDERATION: Collier Area Transit's current service level requires a total of 17 buses. This represents 13 buses for existing routes and 4 spare buses. Additional frequency on existing routes and route expansion planned for FY06 requires 20 buses; 16 for routes and 4 spare. ,.--. Staff requests approval to purchase, through State contract, three Gillig 24-passenger transit buses from Gillig Corporation, Haywood California, at a cost of approximately $880,971. The buses will be purchased utilizing Federal Transit Administration FY 05/06 5307 grant dollars. Prices include installation of radios (through a State Contract with Communications Internationa~ Sole Source approval granted by the Board of County Commissioners, 9/14/99, Agenda Item No. 16E14) and trolley decal wrap by Stan Mitts/Trolley Illusions. The trolley wrap replicates the design of the current buses and is copyrighted by Stan Mitts; hence this component of the project constitutes a sole source acquisition. In addition, the FTA grant 5307 funding for FY05/06 has increased from the budgeted FY 05/06 amount of $842,700 to $1,239,479 for the Bonita Springs-Naples Urbanized Area. Historically, LeeTran (Bonita's transit agency) receives approximately 12% or $148,738. FISCAL IMP ACT: The total cost for the three new buses, necessary equipment, and trolley wraps is $880,971. A budget amendment is needed to appropriate the additional amount of $248,041 in FTA 5307 funding FY05/06. The purchase will come from FTA 5307 Capital Funds for FY 05/06. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. ,..-- RECOMMENDATION: That the Board of County Commissioners approve: (1) the purchase of three new transit buses through Gillig Corporation under Florida Public Transportation Association/Hartline Contract 2003-07-01; (2) approve the purchase and installation of radios through Communications International (Board approved sole source 9/14/99, 16E14); (3) waive fonnal competition and authorize the purchase of the trolley decal wraps through Stan Mitts, who owns the copyright to these designs. The estimated ,'-' ,-. ~' Agenda Item No. 16810 January 10, 2006 Page 2 of 3 total amount of these expenditures is $880,971; and (4) approve any budget amendments required. Prepared by: Lisa Hendrickson, Senior Planner, Department of Alternative Transportation Modes Item Number: Item Summary: Meeting Date: Agenda Item No. 16810 January 10, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16810 Recommendation to approve the use of Federal Transit Administration (FT A) FY 05/06 5307 grant funds for the purchase of three transit buses under Florida Public Transponation Association/Hartline contract #2003-07-01, trolley decal wraps, and necessary equipment (in the estimated amount of $ 8BO,971) and to recognize additional FT A FY 05/06 5307 grant funds. 1110120069:00:00 AM Director A TM Director Date Approved By Diane B. Flagg Transportation Services Ahernative Transportation Modes 121211200510:50 AM Brenda Brilhar1 Purchasing Agent: Date Approved By Administrative Services Purchasìng 12121120051:25 PM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 1212112005 2:22 PM Sharon Newman Accounting Supervisor Date Approved By TranspOr1ation Services Transportation Services Admin 1212912005 10:28 AM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportatìon Services Admin 12/29/200511:08 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 1213012005 9:38 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Offk:B 12/30/2005 11 :25 AM Agenda Item No. 16C1 January 10, 2006 Page 1 of 3 EXECUTIVE SUMMARY ,- Recommendation to approve a $4,500,000 increase to Purchase Order Number 4500055195, issued to Solid Resources, Inc., for hurricane debris removal monitoring work, from an initial emergency estimate of $500,000 to the budgeted amount of $5,000,000. OBJECTIVE: That the Board of County Commissioners, approve a $4,500,000 increase to Purchase Order Number 4500055195 issued to Solid Resources Inc., the Hurricane Wilma debris removal monitoring company, from an initial emergency estimate of $500,000 to an updated estimated amount of $5,000,000. CONSIDERATIONS: On October 23, 2005, in anticipation of Hurricane Wilma's landfall in Collier County, an emergency purchase order was issued to Solid Resources Inc. (SRI), the company that was awarded the debris removal monitoring effort for Hurricane Wilma under Contract 05-3831. Since Hurricane Wilma had not yet made landfall, an accurate estimate of the debris removal work, and therefore, the cost, could not be detennined. The emergency purchase order was created and delivered to SRI on October 23, 2005, in an initial amount of $500,000 which later would be adjusted to reflect up to date infonnation once the required work effort could be established. This emergency purchase order was reported to the Board on November 1, 2005, by the Purchasing Department under Section XX of the County's Purchasing Policy. ,...-. Now that the debris removal and monitoring efforts have been on-going for several weeks, a more up to date estimate of costs is available. This amount remains an estimate, as final costs will not be detennined until the debris removal project is completed in early 2006. On November 15, 2005, agenda item lOC, the Board approved a budget amendment in the amount of $31,000,000 in the general fund. This amount included a total of $30,000,000 for the debris removal ($25,000,000) and the monitoring effort ($5,000,000) as well as $1,000,000 for miscellaneous emergency response costs. To date, purchase orders issued by Public Utilities related to the debris removal and monitoring effort have been issued against this budget in the general fund as follows: . PO #4500055192 to AshBritt for debris hauling and site management in the amount of $18,000,000. . PO #4500055195 to SRI for debris removal monitoring in the amount of $500,000. The total of the committed funds to date is $18,500,000 out of the original $30,000,000 budget established for debris removal and monitoring. An increase of $4,500,000 in the monitoring purchase order will bring the purchase order number 4500055195 to the established budget total of$5,000,000. In further discussions with the Clerk of Courts, staff has been requested to submit an executive summary to clarify the Board's previously approved policy direction. In order to ensure timely and complete payment to the vendor, staff has complied with this request. FISCAL IMP ACT: There is no additional impact to the $30,000,000 debris removal and monitoring budget established in the general fund related to the Hurricane Wilma recovery effort. ~ - ,-- Agenda Item No. 16C1 January 10, 2006 Page 2 of 3 GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with the Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a $4,500,000 increase to Purchase Order Number 4500055195, issued to Solid Resources Inc. for Hurricane Wilma debris removal monitoring work, from an initial emergency estimate of $500,000 to the budgeted amount of $5,000,000 PREPARED BY: Joseph Bellone, Operations Supervisor .--. Item Number: Item Summary: Meeting Date: Agenda Item No, 16C1 January 10, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C1 Recommendation to approve a $4,500,000 increase to Purchase Order Number 4500055195, issued to Solid Resources, Inc" for hurricane debris removal monrtoring work, from an ¡n[tial emergency estimate of $500,000 to the budgeted amount of $5,000,000. 1/10/2006900:00 AM Operations Supervisor Date Prepared By Joseph Bellone Public Utilities Public Utilities Operations 12/6/200612:46:50 PM Steve Carnell Purchasing/General SVCG Director Da" Approved By Administrative Services Purchasing 12/13/20064:39 PM Operatíons Director Date Approved By Thomas Wïdes Public Utilities Public Utmties Operatjons 12/14/20055:43 PM P.ublîc Utílitîes Administrator Dat. Approved By James W. DeLony Public Utilities Public Utilities Administration 12/1512006 2:08 PM OMS Coordinator Administrative Assistant Date Approved By County Manager"s Office Office of Management & Budget 12119/2005 2:52 PM Randy Greenwald ManagementlSudget Analyst Dale Approved By County Manager's Offíce Office of Management & Budget 12/20/2005 11 :01 AM Michael Smykowski Management & Budge1 Dírector Date A pproved By County Manager's Office Office of Management & Budget 12120/200611:50 AM Approved By James V. Mudd Board at County Commíssioners County Manager Date County Manager's Office 12121120061:35 PM EXECUTIVE SUMMARY Agenda Item No. 16C2 January 10, 2006 Page 1 of 6 _ Recommendation to authorize conveyance of an Easement to Florida Power & Light Company (FPL) for the installation of underground electric facilities to provide electric service to the North County Regional Water Treatment Plant Reverse Osmosis Wellfield (NCRWTP RO Wellfield), at a cost not to exceed $27.00, Project Number 710061. OBJECTIVE: The public purpose is to convey an Easement to FPL to improve service reliability to the NCRWTP RO Wellfield. CONSIDERATION: The NCRWTP RO Wellfield is located in part on 122 acres, more or less, of Parks and Recreation property (Property) located on the north side of the Cypress Canal (see location map). In order for FPL to provide looped electric service to the Wellfield and any future Parks and Recreation facilities to be located on the Property, FPL requires an easement on the Property to connect new with existing electric facilities. The easement area measures 10 feet in width by 25 feet in length and is described on Exhibit "A" to the attached Easement. Real Estate Services' staff Appraiser valued the Easement at $276. The County will not be compensated, however, because the Easement is a requirement ofFPL to provide improved service to the Property. The Easement has been reviewed and approved by the County Attorney's Office, the Parks and Recreation Department, and the Public Utilities Engineering Department. The Clerk's Office has also reviewed this information. /- The intent of this action is consistent with the 2003 Update to the Water Master Plan, as adopted by the Board on May 25, 2004, as Agenda Item 10D, because approving this Easement will further the process of enhancing public water supply reliability. FISCAL IMPACT: The total cost will not exceed $27.00 to record the Easement. Funds in the amount of $27.00 are available for this project. The intent of the proposed work is consistent with the FY06 Water Capital Budget for FY06 for Project 710061, NCRWTP RO Wellfield Reliability, as approved by the Board on September 27, 2005. Source of funds is Water User Fees (412). GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Easement; and 2. Authorize the Chairman to execute the attached Easement; and 3. Authorize the recording of the Easement in the Collier County Public Records. ,,-- PREPARED BY: Thomas A. Deusa, Property Acquisition Specialist Real Estate Services / Facilities Management Department _~·-"'."W···; .,""'".... Item Number: Item Summary: Meeting Date: Agenda Item No. 16C2 January 10, 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMtSSIONERS 16C2 Recommendation to authorize conveyance of an Easement to Florida Power & Light Company (FPL) for the installation of underground electric facilities. to provide electric service to the North County Regional Water Treatment Plant Reverse Osmosis Wellfield (NCRWTP RO Wellfield). at a cost nat to exceed $27.00, Project Number 710061 1110/2006900:00 AM Property Acquisition Specialist Date Prepared By Thomas Deusa Administrative Services Real Estate Services 12/7/200611:03:41 AM Approved By Peter Schalt, PMP Senior Project Manager Date 12/7/200611:22 AM Public Utilities Public Utmties Engineering Real Estate Services Manager Date Approved By Charles E. Carrington, Jr., SRfWA Administrative ServÎces Facilities Management 1217/200511:22 AM Hans Russell Senior Property Acquisition Specialist Date Approved By Administrative Services Facilities Management 1217/200511:23 AM Roy B. Anderson, P.E. Public Utilities Engineering Director Date Approved By Public Utilities Public Utilities Engineering 12113120059:51 AM Marla Ramsey Public Services Administrator Date Approved By Public S£'rvices Public ServÎces Admin. 12/13/20061:14 PM Thomas Wides Operations Director Date Approved By Public Utilities Public Utilìties Operations 12/14120055:47 PM Approved By Skip Camp, C,F.M. Administrati....e Services Facilities Management Director Date Facilities Management 12/15120069:38 AM James W, DeLany PubUc Utilities Administrator Dat. Approved By Public Utìlìties Public Utilrties Administration 12115/20062:09 PM OMS Coordinator Administratív9 Assistant Date Approved By County Manager's Office Office of Management & Budget 12/19120052:54 PM Susan Usher Senior Management/Budget Analyst Date A pproved By County Manager's Office Office of Management & Budget 12/21,'2005 12:51 PM Michael Smykowski Management & Budget Director Dare Approved By County Manager's Office Office of Management & Budget 12/2812005 4:14 PM Approved By County Manager Date James V. Mudd Board of County Commissioners County Manager's Office 12/30/2005 12:31 PM EASEMENT Agenda Item No. 11C2 January 10, 2 ·06 Page 3 f 6 Form 3722-A (Stocked) Rev. 7/94 Work Order No. Prepared By: Thomas A. Deusa Name: Richard Kodera Co. Name: FP&L Co. Address: 26430 Old 41 Road Bonita Springs, Florida 34135 Sec. 32, Twp. 48S. Rge. 27E. Parcell.D. 00219440008 (Maintained by Property Appraiser) The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration. the adequacy and receipt of which is hereby acknowtedged, grant and give to FIOJida Power & Light Company, its licensees, agents. successors. and assigns. an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve. add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width. described as follows: An FP&L Company easement more particularly described on Exhibit ug attached hereto and made a part hereof. Said easement prepared by Guy P. Adams, P.L.S.. of Agnoll, Barber & Brundage, Inc. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees. undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead. weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants. to the fullest extent the undersigned has the power to grant. if at all. the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this _ day of ,2006. Board of County Commissioners Collier County, Florida By: , Chairman 3301 Tamiami Trail East Naples, Florida 34112 Attest: Dwight E. Brock, Clerk 3301 Tamiami Trial East Naples. Florida 34112 Approved as to fonn and Legal sufficiency: .Çáry(¿L~ ~/ Ellen T. Chadwell, Assistant County Attorney ..[ I I I I I 1 I I I \ I I r----------1 I I I \ I ,-.. I I ° I I I- N 1 I ::1fí~ I I I.!J.... I I ~~~d \ \ ¡::. V)a.. I I V)o~ _ 1 \ )(00...." I ,w?<WOO I I oV)0 I \ .q-:::>I") I I ~ c:i t I Ò I I ......., 1 I 1..--- tlr L4 r I J:: ...H_ U1 '---------- 1 I I I I I I I I 1 I , I I \ I EXH\B\T f1 page-1- of a. Agenda Item No. 1 C2 January 10, 2 06 Page 4 f 6 SKETCH AND DESCRIPTION OF A 10' FP&L EASEMENT P.ART or SIIC'I'I01f 32. 'IO'IMSBIP 48 S01J'1'B. lWfQl: rt BAST. COLUD couwrr. nDRIDA 00C::¡- >- ° 00 1-0 I") z~1") :::>~ d Ocna.. (.)... 0:: N !Õ we() 3~~ 00 . (.)::10:: o' u...~ I 1 I I \ 1 I I , I I , I \ I I 1 GENERAL NOTES: LINE L1 L2 L3 L4 L5 ~ N ~ 'íñ ~ " Q.. LINE T ABLE I LENGTH BEARING \ 20.01 N 02·13'59' IJ \ 25.01 S 89·31'12' IJ 1 10.00 N 02'13'59' IJ I 25.01 N 89·31'12' E \ 10.00 S 02·13'59' E I I I 1 1 I RODRIGUEZ TRACT 2 FOUO# 37540080003 1 (OR 1941, PG 2313) \ ----------~~3- : --------------- -~ I I \ 10TH AVE. NORTHWEST __________--r------------ I (60' ROAD EASE.) SOUlHWEST CORNER 1RACT 2 1 GOLDEN GATE ESTAJf..S-UNIT 18 I (P.s. 7. PO, 78) I 1 I I SCALE' l' 30' ~ o I") EASEMENT IS ...., u1 ::i Ó 70' DRAINAGE ENT (PB 7, PG 78) I I I \ GOLDEN GATE ESTATES UNIT NO. 19 \ (PB 7, PG 78) I I TRACT 1 I I I I I I I 1 io ('oj ('oj I") I") I") ~ 5 ~~ N01E: SEE SHEET 2 FOR DESCRIPTION 1) DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2) P.O.C. - POINT OF COMMENCEMENT 3) P.O.B. - POINT OF BEGINNING 4) C.U.E. - COUNTY UTIUTY EASEMENT title: SKETCH AND DESCRIPTION OF A FP&L EASEMENT PART OF SECTION 32 TOWNSHIP 48 SOUTH. RANGE 27 EAST, COWER COUNTY, FLORIDA. ..... .... .... ..... ..... ..... ...... :::::: UNDAGE. INC. Professional engineers, planners, & land surveyors Collier County: Suite 200. 7400 Tamiami Trail. North; Naple.. FL 34108 (239)597-3111 9163-A-SD Lee County: 9990 CocoDut Road. SUite 103. Bomta SpriD¡.. FL 34135 (239)948-8863 for: HAZEN & SAWYER & NOT A SURVEY project: NCRWTP Certificate of AuthorizaUol1 NCNI. LB 3884 IIJI,d ED 3664 Fax: (239)568-2203 date: AUGUST 2, 2005 scale: book: 1-=30' page: pro ject view: no.: 0 -0058 1 OF 2 acad: file no: 9163 -_.._~---~. EXHIBIT A page-2- of ..1 Agenda Item No. 1 C2 January 10, 2 06 Page 5 f 6 ,¡ SKETCH AND DESCRIPTION OF A lOt FP&L EASEMENT PART OJ' SllC'l'lDN S2, 'I'O'IIISHIP 48 SOUTB,. lWfGl 2? BAST, COUDR COUNTr, JI'LOR!DÄ DESCRIPTION OF FPL EASEMENT PART OF SECTION 32, TO'WNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FDLLO'WS) COMMENCING AT THE SOUTH'WEST CORNER OF TRACT 2, GOLDEN GATE ESTATES, PLAT BOOK 7, PAGE 78, COLLIER COUNTY, FLORIDA) THENCE ALONG THE EAST LINE OF SAID SECTION 32 NORTH 02'13'59' 'WEST 20.01 FEET TO THE POINT OF BEGINNING OF THE FPL EASEMENT HEREIN BEING DESCRIBED! THENCE SOUTH 89'31'12' 'WEST 25.01 FEET) THENCE NORTH 02'13'59' 'WEST 10.00 FEET) THENCE NORTH 89'31'12' EAST 25.01 FEET¡ THENCE SOUTH 02'13'59' EAST 10.00 FEET TO THE POINT OF BEGINNING OF THE FPL EASEMENT HEREIN DESCRIBED! EASEMENT CONTAINS 250 SQUARE FEET OF LAND MORE DR LESS) SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. /1 / ! , ! " BY GUY 1'II P. A~~, P.L.S. ~ -- ,................ ... ~:7":" /", , , - ~ /:..~ - - - r - - .,"/ -..... ......... ^, - ~-:. . . . NO. 4390 . ~ i:~ -:. '- :: ~ :/~-..::: - . :,..:- \ .~ '\. ~~'~~::' -:""....'"':../~ -- ...;:. -..:;,-:>;:: __-. --:: ~~r;'::- ~ - ....---~~: :.~----- -...,..... -- -,-.,..,:: .." ,", I'"' .__ '''0/,/", '/ ,fI-,'. for: HAZEN & SAWYER I project: NCRWlP title: SKETCH AND DESCRIPTION OF A FP&L EASEMENT PART OF SECTION 32 TOWNSHIP 48 SOUTH, RANGE 27 EAST, COWER COUNlY, FLORIDA. ·.··.··.·:.i3GNOU ..... Certf1'icate 01 Authorization Nos. LB 3664 and ED 3664 ::::: ~BER & Fax: (239}566-2203 ······ß ...... ...... UNDAGE, INC. Professional engineers, planners, & land surveyors Collier County: Suite 200, 7400 Tamiami Trail. North: Napies. FL 34108 (239)597-3111 9163-A-SD Lee County: 9990 Coconut Road, Suite 103. Bonita Sprines. FL 34135 (239)9-48-8663 NOT A SURVEY Idate: I AUGUST 2, 2005 scale: book: 1-=30' page: project view: nO·:05-0058 2 OF 2 acad: file no: 9163 NtOtO ~Õ ',to ..J(]) Z~ OJ E ~~ (])cu _::J -c cut\! \:J' C (]) !l Q.. ~ c:: .0 .¡:: CtJ (.,) o ..,J Agenda Item No. 16C3 January 10, 2006 Page 1 of 5 EXECUTIVE SUMMARY .~ Recommendation to reject the two bids received for Bid No. 05-3897 and to authorize the staff to re-advertise for the Golden Gate Wellfield Reliability Improvements - Well No. 34; Project 70158 OBJECTIVE: To get competitive and responsive bid offers for construction of a new reliability well. .- CONSIDERATIONS: Bid # 05-3897, construction of Golden Gate Wellfield Reliability Improvements - Well 34, was advertised on September 9, 2005 in accordance with County Purchasing policy and 196 notices were sent. Prospective bidders purchased ten sets of bidding documents and on October 10, 2005, two (2) bids were received for the project from D.N. Higgins, Inc. and Encore Construction Co. Both bids were determined by County staff to be disqualified because each altered the contract documents. One bidder lined out and changed the stated substantial and final completion dates and the other added a statement that they could not meet the stated substantial and final completion dates. The bid tabulation is attached. The Public Utilities Engineering Department and the Purchasing Department cannot recommend a contract award based on the bids received. It is in the County's best interest to re-advertise. Staff proposes to re-advertise Well 34 in spring 2006 and package the construction of this reliability well together with a second reliability well, Well 37. These wells are within a half mile of each other. The site for Well 34 is on a 2.81-acre County owned lot located at the northwest corner of Wilson Boulevard and 14th Avenue NW. The site for Well 37 is on Wilson Boulevard, south of 18th Avenue NW. Grouping the construction of wells 34 and 37 together will assist the County in getting the best value in project scheduling and cost. The proposed contract is consistent with the 2003 Update to the Water Master Plan as adopted by the Board on May 25, 2004, as Agenda Item 10 D, which identifies the replacement of one Tamiami well per year to increase system reliability. The Purchasing Department and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary. FISCAL IMPACT: The request has no fiscal impact. Fiscal impact will be addressed in a future request for contract award. The intent of this proposed work is consistent with the Water Capital Budget fund for FY06 as approved by the Board on September 22,2005. GROWTH MANAGEMENT IMP ACT: The request has no impact on the project meeting current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDA TIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, rejects the proposals submitted in response to Bid # 05-3897 and authorize the staff to re-advertise. I"""""' PREPARED BY: Howard B. Brogdon, Public Utilities Engineering Department, Project Manager Item Number: ,- Item Summa ry: Meeting Date: Agenda Item No. 16C3 January 10, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C3 Recommendation to reject the two bids received for Bid No. 05ø3B9i and 10 authorìze the staff to re.advert!se for the Golden Gale Wellfield Reliability Improvements Well No, 34: Project 70158 1110120069:00:00 AM Laboratory SlIpervisor Da" Prepared By Howard Brogdon Water 1217120053:26:31 PM Approved By Water Operations Manager Date Public utilities Pamela Ubby Water 12112120052:44 PM Approved By Senior Project Manager Date Public Utilities Karen B. Gulianj, P.E. Public Utilities Eogineering 12/141200510:28 AM Paul Mattausch Water Qírector Date Public Uti!tl1es Approved By Water 121141200512:06 PM A pproved By Public Utilities Engineering Director Da" Pubtic Utilities Roy 8. Anòerson, P .E. Public Utilities Engineering 12114120051:51 PM Public utiUties Acquisition Manager 0... Approvf'.d By Míke Hauer purchasing 12/14120053:08 PM 1110mas Wides Operalì(mS Director Date Administrative Services Approved By Public Utilities Operations 12/14/2005 6:0B PM Approved By Purchasing/General SVc.s Director Date Public: Utilities Steve Carnell Purch¡u,ing 12f15i2005 8:04 AM Approved By Public Utilrties Admlnìstrator Oal. Administrative Service$: James W. DeLany Public Ulilities AdminigUation 12/15/20052:09 PM Public Utìlities Administrative Assistant Date Approved By OMS Coordinator Office o-f Management & Budget 12/19/2005 2:54 PM Approved By Senior Management/Budget ÄIH'llyst Date County Manager's Office Susan Usher Office of Management & Budget 12IZ1/20051:12 PM Michael Smykowskl Management & Budget Director Date County Manager's Office Approved By Office of Management & Budget 1212:1/20054:40 PM Approved By County Manager Date Co-unry Manager's Office James V. Mudd Board of County Commissioners County Manager's Office 12127/200512:53 PM ~..~.,.~_._.,--'.''''-..''''- ~..~..._..,-".~-_._--~._.,~ M CD It) UO'- to 0 'ù> ...- N CVD) 00 ar. -g z"- DE: > E~~'~ (!):::¡ I/) Q) ==c Q)e:::: (1J (1J ,Q:g -g---' õ CD ~ (!) Z à) OJ e:::: « I/) -0 ü .... o o Z NO C) ~ a. C) c :o;¡ II) w " GI " C GI Š~ c o ;:¡ u !.š o III U C C 0 wu .... Z 0( :J . a.. Z:E 00 Zu i...: c: w w C) "0 ~ ª «I CD ~" U L... 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M ..,: .0 u::> ,.....: cO a:i Me,010 ÜO-- (~ OeD N 0 ~O') ". "...- '- (I):' -g 0} Z"'-D.C>~ 2:' ro Q Q) 0- E C'C D..ü5 0 0} 2:;:¡ I/)Qc: -c: QC::::';:¡ C'CC'C 0-01/) ""0 -, :.;:¡.- Q c: oce (lJ Z 0) <C '<t M o z ãi 5: .!1 c: Q) E Q) > o .... a. E ª Q c::: I/) -0 0 - 0 0 z c: Q ã 0 .... .... m ~ " 'i. " "I1õ I ~ ... ~ ." ~ \:~ .c: en £; .J ~ ( '\ æ '- <;: ..., ...!. '"': .- <II ~ '" ~ ~ .; Q) ftS :e Q. > Y ""::::þ. =: 13 Õ ~ .?; .. « e Q¡ ~ c: '0 c: '-.þ c:: ,9 :s '0 ~ 0 ñí ~ iñ ;;; ;I c: - c: ft ~ .... -0 0 0 ~ c:: 0 0 ~ 8 c: ï5 0 I!! .c. "Ë ~ -0 I!! c:: 0 .. 0 Q) Q) C) Q¡ 0 ~ 5 ~ i -. 8 õ .. > () .... E õ 1·~ .. "õ' Z c: ~ « .:xt. u ã:: 0 ~ ::;¡ <: w b « æ ~ c 8 õ 0 Q) 0 CI5 J!! 21-' .. -0 E :!: .Q <: CI5 0.. 'S; .... ::;¡ ::;¡ (J) -0 C 0 < -0 ñi (J) C) c: ëñ éñ - ã:: c: .¡:: Õ E r. 0 CI5 <II ~ .... () Q) Q) 0 £D "Ú Q) 0 -0 ñí ¡¡; ñí ¡:: :; :é ft ~ !!! -0 0.. ....: .... :!: ::J ëñ I- iñ c.. 3: ï..: Q) 0} -0 m c: mID ~ _-0 o Q "õ' Q:::r: ~ 15 .~ ãi c::: -0 ãi y: ãi 5: 2 m C> c: Q) -0 Õ C> I'- 0') 00 M I lO o lO o o N o ..- .... Q) .0 o Ü o .$ m o Q) ::I (:) ...-..--..-----..-" Agenda Item No. 16C3 January 10, 2006 Page 5 of 5 Project Name: Engineering Design and Construction of Tamiami Well No. 37 and Construction of Tamiami Well No. 34 Project No. 70158 . I ,. FY07 FYOB 2006 J 2007 J 2008 EVENT Cost Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 - ! Preliminary Engineering $0 Permitting $0 Design $0 , I Bidding Services $0 - Wellhead and Pipeline $0 Construction Project Total $0 I I Action Required: Recommendation to reject the two bids received for Bid No. 05- 3897 and to authorize the staff to re-advertise for the Golden Gate Wellfield Reliability Improvements - Well No. 34; Project 70158 Agenda Item No. 16C4 January 10, 2006 Page 1 of 13 ,- Executive Summary Recommendation to approve Work Order RKS-FT-3681-06-01 for professional engineering services from RKS Consulting Engineers, Inc. for the Water and Wastewater Energy Efficiency Enhancements in the amount of $121,000, Project Numbers 71007 and 73071. OBJECTIVE: To provide electrical systems studies and engineering analysis for energy efficiency enhancements for the major facilities within Collier County Public Utilities. The public purposes of the Water and Wastewater Energy Efficiency Enhancements projects are to improve facility operation and reliability, eliminate potential electrical systems shortfalls and plant down-times, and improve energy technology. CONSIDERATION: Collier County has made significant investment in its Public Utilities facilities and their infrastructures. In order to protect these investments, extend their lives, make best use of available resources, and maximize the values of these assets, the Energy Efficiency Enhancements projects for Water and Wastewater were instituted as multi-year projects. ~ While the objective of improving the energy efficiency through the upgrade and improvement of the electrical systems and their fundamental protective components has long been a stated objective within these projects, recent events have magnified the goals and priorities of these programs. The summer stonn season, and its effects on electrical power and control systems reliability, further identified the importance of making necessary improvements, correcting deficiencies and strengthening system weaknesses and potential vulnerabilities. A conunitment to corrective action now will afford the County to have some improvement measures in place prior to.. the summer 06 stonn season. Pursuant to the County's need for evaluation of electrical systems for its major facilities and infrastructure, RKS Engineers has provided a proposal to perfonn such services. The scope of work includes thorough, end-to-end coverage in the examination of existing electrical conditions for Public Utilities' six (6) largest facilities: both Water Treatment Plants, both Wastewater Treatment Plants, the Wastewater Collections Base Operations facility, and the Public Utilities Operations Center. The extent of examination will include lightning and surge protection adequacy and effectiveness, electrical installation evaluation, existing component quality and reliability, and utility power failure contingency planning. Subsequent to the evaluation and report, Collier County will then have the opportunity to evaluate the analysis, act on reconunendations, and make further decisions relating to solutions. Public Utilities Engineering staff have consulted with Operations staff from the Water and Wastewater Divisions to define the scope contained within the RKS proposal. ~ Agenda Item No. 16C4 January 10, 2006 Page 2 of 13 .- Staff has negotiated the proposed scope and compensation as provided, and determines that the fees represent fair and equitable compensation for the services to be provided. Copies of the proposed work order and proposal are attached. RKS Engineers is approved under Contract 05-3681 Fixed Term Instrumentation and Controls Engineering Services. Contract 05-3681 was approved by the Board on February 22, 2005, Item 16 C 9. Under the terms of Contract 05-3681, Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. The County Attorney's Office has reviewed the work order for legal sufficiency prior to the execution of the work order. RKS Engineers has been involved in many of the previous facilities expansion designs, and is also sub-contracted to do electrical design on many of the new expansion projects. As such, RKS, with their familiarity of our existing systems and new designs, is well- qualified to perform this study work, identify improvement opportunities, and apply lessons learned to eliminate later retrofitting. The Clerk's Finance and Accounting Division and County Purchasing Department have reviewed the information contained in this Executive Summary and the corresponding attachments. r-- FISCAL IMPACT: The total amount proposed for this work order is $121,000. Funds in the amount of $60,500 are available in County Project 71007 "Water Energy Efficiency Enhancements" - Source of funds is Fund 412; Water User Fees. Funds in the amount of$60,500 are available in County Project 73071 "Wastewater Energy Efficiency Enhancements," - Source of funds is Fund 414; Sewer User Fees. Projects 71007 and 73071 are contained in the 2006 Fiscal Year Capital Improvement Budget, as approved by the Board on September 22, 2005. GROWTH MANAGEMENT IMPACT: Projects 71007 and 73071 are consistent with and further the Goals, Objectives and Policies of the Collier County Growth Management Plan. Project 71007 is consistent with the 2003 Water Master Plan Update as adopted by The Board of County Commissioners on May 25, 2004, Agenda Item 10 D. Project 73071 is consistent with the 2003 Wastewater Master Plan Update as adopted by The Board of County Commissioners on May 25,2004, Agenda Item 10 C. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, 1. Approve Work Order RKS-FT-3681-06-01 under Contract 05-3681 with RKS Engineers, Inc., for professional services related to the Energy Efficiency Enhancements (Projects 71007 and 73071) in the amount of $121 ,000. 2. Authorize the County Manager or his designee to execute the approved Work Order after approval by the County Attorney's Office. --- PREPARED BY: Dennis McGee, P.E., Instrumentation/SCADA Manager, Public Utilities Engineering Department. Item Number: Item Summary: Meeting Date: Agenda Item No. 16C4 January 10, 2006 Page 30113 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C4 Recommendation to approve Work Order RKS-FT ~3681-06~O 1 for professional engineeling services from RKS Consulting Engineers, Inc, tor the Water and Wastewater Energy Effic:.len(',y Enhancemen1s in the amount of $121 ,000. Project Numbers 71007 and 73071. 111012006900:00 AM Project Manager Date Prepared By Dennis McGee Public Utilities Engineering 1219120052:45:44 PM Approved By Purchasing Agent Date Public Utilities Lyn Wood PurChA9íng 12/14/2005 9:40 AM Approved By Senior Project Man.ager Date Admìnistrtitìve Services Karen B. Guliani, P .E. Public Utmttes Engineering 12/14/200610:29 AM Approved By Purchasing/General Svcs Director Date Public Utnlties Steve Carnell purchasíng 12/14/200511:08 AM Approved By Water Director Date AdministratÎve Servìces Paul Manausch 121141200512:07 PM Approved By Public UtiUties Engineering Director Date Public Utilities Roy B. Ander~on, P.E. Water Public Utitities Engineering 12114J2005 1;51 PM Approved By Interim Waste-Water Director Date Public Utilities G. George Yilmaz WasteWater 12114/20054:35 PM Approved By Operations Director Date Public Utilities Thomas Wides Public utilities Operations 12/14/20056:04 PM Approved By Public Utilities Administrator Dote Public Utilities James W. DeLany Public Utilities Administration 12/16120062:10 PM Approved By Administrative Assistant Date Public UtiliÜes OMS Coordinator Office of Management & Budget 12119/20052:57 PM Approved By Senior Management/Budget Anfllyst Doto County Manage(s Office Susan Ushe-r Office of Management & Budget 1212112005 1 :26 PM Approved By Management & Budget Director Date County Manðger's Office Michael Smykowsk¡ Office of Management & Budget 1131200. 2:30 PM Approved By County Manager Date County Manager's Office James V, Mudd Board of County commissioners county Manager's Office 113/2006,:1,:28 PM H""~__P""'- Agenda Item No. 16C4 January 10,2006 WO # RKS-IP'ã'§Â'6ibOtl3n WORK ORDER RKS-FT -3681-06-01 Agreement for Fixed Term I&C Design Engineering Services Contract #05-3681 Dated February 22, 2005 This Work Order is for professional engineering services for work known as: Project: 71007 (Water) & 73071 (Wastewater) "Energy Efficiency Enhancements": Electrical System Study The work is specified in the proposal dated November 17, 2005 , which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order RKS-FT-3681-06-01 is assigned to RKS ConsultinQ Enaineers, Inc. Scope of Work: Investigate existing electrical conditions at North and South Water Plants, North and South Waste Plants, PUOC and Shirley Street Collections Facility. Provide a technical memo letter of observed conditions. The technical memo will include a list of recommended upgrades. Provide design details for minor upgrades. Attend a tech memo review meeting with PUED representatives and establish criteria for design upgrades. Develop design drawings and specifications for minor upgrades and remedial work. Work with County maintenance staff or selected electrical contractor to construct minor upgrades and perform remedial work. Review the design documents and cost estimate with PUED staff at a design review meeting. Integrate comments from staff into the final bid documents. Provide sub-consultant for specific electrical diagnostic testing as required. Testing could include insulation resistance, breaker calibration, contact resistance, ground resistance, power quality monitoring, over-current monitoring and infrared scans of suspected equipment. Review the reason for the tests and the testing costs with PUED prior to having the testing started. Task 1A: Task 1 B: Task 2A: Task 2B: Water Facilities System Studies Wastewater Facilities System Studies Sub-Contracted Electrical Diagnostic Testing - Wastewater Sub-Contracted Electrical Diagnostic Testing - Water Schedule of Work: Complete work within authorizing start of work. 365 days from receipt of the Notice to Proceed Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "Au of the Agreement). Total Time and Material estimate (Task 1 A/1 B) Reimbursable Expenses Sub-Contract Testing, Time and Material estimate (Task 1A/1 B) $ 70,000 $ 1,000 $ 50.000 $121,000 TOTAL FEES Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Agenda Item No. 16C4 January 10, 2006 WO # RKS.j}l'ã'§~bf)ð.æl PREPARED BY: Dennis McGee, P.E., PUED InstrumentationlSCADA Mgr Date REVIEWED BY: Date Paul Mattausch, Water Director REVIEWED BY: Date George Yilmaz, Wastewater Director REVIEWED BY: Date Roy B. Anderson, P.E., Utilities Engineering Director REVIEWED BY: Date Lyn Wood, Purchasing Contracts Specialist APPROVED BY: Date James W. DeLony, P.E., Public Utilities Administrator _ Approved as to Form and Legal Sufficiency ----------------------------------- ----------------- Assistant County Attorney Date WITNESSES (2): RKS Consulting Engineers, Inc. By: Printed Name: Don Williams Title: President Date: Fund: 412 cc: 273512 414 263614 Object Code: 631400 631400 Project Number: 71007/1 (Water) 73071/1 (Wastewater) ,--_.. ~"_.,,~.,__,<....,.~.w... RRS Consulting Engineers, Inc. Electrical, Instrumentation & Control Design Agenda Item No. 16C4 January 10, 2006 Page 6 of 13 December 30,2005 Mr. Frank Inzano Collier County Public Utilities Engineering Dept. 3301 E Tamiami Trail Bldg. H Naples, Florida 34112 Reference: CCUD Electrical Systems Study; revised Dear Frank: The purpose of this letter is to propose our engineering services for a detailed investigation of lightning protection, surge suppression, grounding and miscellaneous electrical systems at various Collier County facilities. We understand the scope will include six facilities, including the North and South Water Plants, North and South Waste Plants, PUOC and Shirley Street Collections Facility. We will review each facility for existing conditions and propose upgrades for enhanced lightning protection, surge suppression, bonding and grounding systems and miscellaneous electrical systems. Miscellaneous electrical system investigations include spot checking breakers, cables, panelboards, switchgear etc for reliability issues such as nuisance tripping, calibration, hot spots, terminations, etc. Project Tasks: 1. RKS will investigate existing conditions at various Collier County facilities. RKS will provide a technical memo letter of observed conditions. The technical memo will include a Jist of recommended upgrades. RKS will provide design details for minor upgrades. Major electrical design upgrades will be proposed separateJy. 2. RKS will attend a tech memo review meeting with PUED representatives and establish criteria for design upgrades. 3. RKS will develop design drawings and specifications for minor upgrades and remedial work. RKS will work with County maintenance staff or selected electrical contractor to construct minor upgrades and perform remediaf work. 4. RKS will review the design documents and cost estimate with PUED staff at a design review meeting. RKS will integrate comments from staff into the final bid documents. We understand that corrective action at each of the facilities will have some similarities and some differences, and that there may be different demands for bundling some of the work while segmenting other portions. Accordingly, at the County's discretion, RKS can proceed with either a segmented or sequential work plan (for both the study and follow-up recommendations) or can bundle all or portions of the work (single construction procurement for multiple facilities) as demanded, based on priority. We anticipate starting the project in early February 2006 and completing study of each facility within two months (if done sequentially) or within 300 days (if done en masse). Remedial work identified for each facility within the project could commence on preceding phases as soon as the inspection report is complete. The above project tasks are very general in nature. The detailed scope of the project will have to be developed as work progresses therefore we have proposed a not to exceed Time and Material fee of $70,000.00. 15400 Shamrock Drive, Fort Myers, Fl. 33912 Phone (239) 481-6775 - Fax (239) 433-9289 EmaiJ: rks@rksengineers.com RHS Consulting Engineers, Inc. Electrical, Instrumentation & Control Design Agenda Item No. 16C4 January 10. 2006 Page 7 of 13 We will sub-contract for specific electrical diagnostic testing as required. Testing could include insulation resistance, breaker calibration, contact resistance, ground resistance, power quality monitoring, over-current monitoring and infrared scans of suspected equipment. RKS will seek proposals for electrical testing from NET A certified contractors after suspected equipment is identified and testing is determined to be necessary. RKS will review the reason for the tests and the testing costs with PUED prior to having the testing started. We estimate an additional contingency cost for electrical testing of $50,000. RKS will bill sub-consultant electrical testing costs to Collier County per our contract at a 1.0 multiplier. We hope that this proposal meets with your approval. Should you have any questions regarding this, please feel free to contact us. Sincerely, RKS Consulting Engineers, Inc Don Williams, P.E. Principal/Senior Engineer R:\RKSwordproc\Proposals\CCUD Electrical Systems Study revised.DOC 15400 Shamrock Drive, Fort Myers, Fl. 33912 Phone (239) 481-6775 - Fax (239) 433-9289 Email: rks@rksengineers.com ,.'''">---...----'.'..' ---.,---'."-'. RHS Consulting Engineers, Inc. Electrical, Instrumentation & Control Design Agenda Item No. 16C4 January 10, 2006 Page 8 of 13 November 17, 2005 Mr. Frank Inzano Collier County Public Utilities Engineering Dept. 3301 E Tamiami Trail Bldg. H Naples, Florida 34112 Reference: CCUD Electrical Systems Study Dear Frank: The purpose of this letter is to propose our engineering services for a detailed investigation of lightning protection, surge suppression, grounding and miscellaneous electrical systems at various Collier County facilities. We understand the scope will include approximately six facilities, including the North and South Water Plants, North and South Waste Plants, PUOC and Shirley Street Collections Facility. We will review each facility for existing conditions and propose upgrades for enhanced lightning protection, surge suppression, bonding and grounding systems and miscellaneous electrical systems. Miscellaneous electrical system investigations includes spot checking breakers, cables, panelboards, switchgear etc for reliability issues such as nuisance tripping, calibration, hot spots, terminations, etc. Project Tasks: 1. RKS will investigate existing conditions at various Collier County facilities. RKS will provide a technical memo letter of observed conditions. The technical memo will include a list of recommended upgrades. RKS will provide design details for minor upgrades. Major electrical design upgrades will be proposed separately. 2. RKS will attend a tech memo review meeting with PUED representatives and establish criteria for design upgrades. 3. RKS will develop design drawings and specifications for minor upgrades and remedial work. RKS will work with County maintenance staff or selected electrical contractor to construct minor upgrades and perform remedial work. 4. RKS will review the design documents and cost estimate with PUED staff at a design review meeting. RKS will integrate comments from staff into the final bid documents. We propose dividing the project into five phases with one phase for each plant and one phase for the PUOC and Shirley Street. We anticipate starting the project in early February 2006 and completing each phase within two months sequentially. Remedial work identified for each phase of the project could commence on preceding phases as soon as the inspection report is complete. The above project tasks are very general in nature. The detailed scope of the project will have to be developed as work progresses therefore we have proposed a not to exceed Time and Material fee of $70,000.00. We will sub-contract for specific electrical diagnostic testing as required. Testing could include insulation resistance, breaker calibration, contact resistance, ground resistance, power quality monitoring, over-current monitoring and infrared scans of suspected equipment. RKS will seek proposals for electrical testing from NET A certified contractors after suspected equipment is 15400 Shamrock Drive, Fort Myers, FI. 33912 Phone (239) 481-6775 - Fax (239) 433-9289 Email: rks@rksengineers.com RRS Consulting Engineers, Inc. Electrical, Instrumentation & Control Design Agenda Item No. 16C4 January 10, 2006 Page 9 of 13 identified and testing is determined to be necessary. RKS will review the reason for the tests and the testing costs with PUED prior to having the testing started. We estimate an additional contingency cost for electrical testing of $50,000. RKS will bill sub-consultant electrical testing costs to Collier County per our contract at a 1.0 multiplier. We hope that this proposal meets with your approval. Should you have any questions regarding this, please feel free to contact us. Sincerely, RKS Consulting Engineers, Inc Don Williams, P.E. Principal/Senior Engineer R:\RKSwordproc\Proposals\CCUD Electrical Systems Study revised.DOC 15400 Shamrock Drive, Fort Myers, Fl. 33912 Phone (239) 481-6775 - Fax (239) 433-9289 Email: rks@rksengineers.com RKS COnsulting Engineers 121912005 Agenda Item No. 16C4 January 10, 2006 Page 10 ðf1e'13 CCUD Electrical Systems Testing SI.t>·Consu!tanl Reliability Specialist Standard Classll Shop Tech s",port Total o.sc""tion Hrs $131.00 Hrs I $114.00 Hrs $95.00 Hrs $50.00 Hrs AmO,"1 par hour ær hour per hour per hour Phase, (SCWRF) Breaker Testing o $ 15' $ 1,71000 2: $ 190.00 o $ 17 $ 1,900.00 o $ o $ o $ o $ o $ TVSS Tests o $ 10 $ 1.140.00 o $ o $ 10 $ 1,140.00 o $ o $ o $ o $ o $ Ground ResŒtance o $ 10 $ 1,140.00 o $ 0, $ 10 $ 1,140.00 o $ o $ o $ o $ o $ Infrared o $ 15 $ 1,710.00 2 $ 190.00 o $ 17 $ 1,900.00 o $ o $ o $ o $ o $ Tr~ calibration 10 $ 1.310.00 8 $ 912.00 2 $ 190.00 o $ 20 $ 2,41200 o $ o $ o $ o $ o $ Test Report - 10 $ 1,310.00 8 $ 912.00 $ 8 $ 400.00 26 $ 2,622.00 o $ 0' $ or $ o $ o $ otal Manpower 10 $ 1.310.00 58 $ 6,61200 6 $ 570.00 8 $ 40000 100 $ 11,114.00 I ! I l'I\a.. IIN~WHf¡ BreaKer Testing o $ 15 $ 1.710.00 2 $ 190.00 o $ 171$ 1,900.00 o $ o $ o $ o $ o $ TVSS Tests o $ 10 $ 1.140.00 o $ 01 $ 10 $ 1.140.00 o $ o $ o $ O' $ o $ GrolXld Resistance o $ 10 $ 1.140.00 o $ 0' $ 10 $ 1,140.00 o $ o $ o $ o $ o $ Infrared o $ 15 $ 1.710.00 2 $ 190.00 o $ 17 $ 1.90000 o $ o $ 0: $ o $ o $ Trip calibration 10 $ 1.310.00 8 $ 912.00 2 $ 190.00 o $ 20 $ 2412.00 o $ o $ o $ o $ o $ Test Report - 10 $ 1.310.00 8 $ 912.00 $ 8 $ 400.00 26 $ 2,622,00 o $ o $ o $ o $ o $ Total MaflJOwer 10 $ 1.310.00 58 $ 6.612.00 6 $ 570.00 8, $ 400.00 100 $ 11,114.00 I I , Phase" IO~~W' I I I Breaker Testing o $ 15 $ 1.710.00 2 $ 190.00 o $ 17 $ 1,900.00 o $ o $ o $ o $ o $ TVSS Tests o $ 10 $ 1,14000 o $ o $ 10 $ 1,140.00 o $ o $ o $ o $ o $ Ground Resistance o $ 10 $ 1.140.00 o $ o $ 10 $ 1,14000 o $ o $ o $ o $ o $ Infrared o $ 15 $ 1.710.00 21 $ 190.00 o $ 17 $ 1,900.00 o $ o $ o $ 0' $ 0' $ Trip calibration 10 $ 1,310.00 8 $ 912.00 2 $ 190.00 o $ 201 $ 2,412.00 o $ o $ o $ o $ o $ Test Report - 10 $ 1.31000 8 $ 912.00 $ 8 $ 400.00 26' $ 2,622.00 o $ o $ 0 $ o $ o $ Total Manpower 10 $ 1.310.00 58 $ 6,612.00 6 $ 570.00 8 $ 400.00 100 $ 11,114.00 I ,eno.. IV IN~~W IPI I I Breaker Tesûng o $ 15 $ 1.710.00 21 $ 190.00 01 $ 17 $ 1,900.00 o $ o $ o $ o $ o $ TVSS Tesls o $ 10 $ 1,14000 o $ o $ 10 $ 1.140.00 o $ o $ o $ o $ o $ GroUnd Resistance o $ 10 $ 1.140.00 o $ o $ 10 $ 1.140.00 o $ o $ o $ o $ 0, $ Infrared o $ 15 $ 1.710.00 2 $ 19000 o $ 171 $ 1.900.00 o $ o $ o $ o $ o $ Trip caJibration 10 $ 1,310.00 8 $ 912.00 11 $ 95.00 o $ 19 $ 2.317.00 o $ o $ 01 $ o $ o $ Tesl Report - 10 $ 1,310.00 8 $ 91200 1$ 8 $ 400.00 26 $ 2,622.00 o $ o $ 01 $ 01 $ o $ Total Manpower 10 $ 1,310.00 58 $ 6,612.00 5 $ 475.00 8' $ 40000 99 $ 11,019.00 I I ¡ ena.. I eyOltlt!! Breaker Testing o $ 8 $ 912.00 0 $ o $ 8 $ 912.00 o $ o $ 0 $ o $ 01 $ TVSS T esls 0, $ 8 $ 912.00 0 $ o $ 8 $ 91200 o $ o $ 0 $ o $ o $ Ground Resistance o $ 8 $ 912.00 o $ 0, $ 8 $ 912.00 o $ o $ o $ o $ o $ Infrared o $ 8 $ 912.00 o $ o $ 8 $ 912.00 o $ o $ o $ 0, $ o $ TripcaJibration o $ 4 $ 456.00 o $ o $ 4 $ 456.00 o $ o $ o $ o $ o $ Tesl Report - 5 $ 655.00 6 $ 684.00 o $ 4 $ 200.00 15 $ 1,539.00 o $ o $ 01 $ o $ o $ Total Manpower o $ 36 $ 4.104.00 o $ 4 $ 200.00 511 $ 5.643.00 I ct I 351 $ 50.004.00 I Page 1 C:lAdlib eXpressllnpu!lAgenda.BCCAGENDA.18963 12/912005 Agenda Item No. 16C4 January 10, 2006 Page 11 Ö'P.,,3 RKS Consutting EngineerS CCUD Electrical Systems RKS Manpower and Expenses Reliability Senior Design Engineer project1Senior Engineer DeSigner Technician Tolal Desc ription HIS $145.00 HIS $115.00 Hrs $75.00 HIS $50,00 HIS Amoum per hour Daf hOUf oer hour oertlOur Ph... I (SCWRF) '!TrtOS 8 $ 1.160.00 0 $ 0 $ 0 $ 8 $ 1.160,00 Preliminary Mtgs reDOns 8 $ 1.160.00 0 $ 0 $ 0 $ 6 $ 1,180,00 eled 18 $ 2,610,00 $ $ $ 18 $ 2,610.00 $ite investigations I&C 5 $ 725.00 0 $ 0 $ 0 $ 5 $ 725.00 Tech MemolAeoprt of elect 15 $ 2,175.00 $ $ $ 15 $ 2,175.00 findings mloi 8 $ 1,160.00 0 $ 0 $ 0 $ 8 $ 1,160.00 minor design tasks eled 8 $ 1,180.00 15 $ 1,725,00 8 $ 600,00 8 $ 400,00 39 $ 3,885.00 I&C 2 $ 290.00 2 $ 230,00 0 $ 0 $ 4 $ 520,00 Coordination o1lesljog 10 $ 1,450.00 0 $ 0 $ 0 $ 10 $ 1,450,00 0 $ 0 $ 0 $ 0 $ 0 $ Contractor coordination - 4 $ 580,00 4 $ 460.00 $ 0 $ 8 $ 1,040.00 0 $ 0 $ 0 $ 0 $ 0 $ Total Manpower 82 $ 11,890.00 17 $ 1,955.00 8 $ 600.00 8 $ 400.00 123 $ 15,685,00 PhasãlT1NCWRFI Preliminary Mtgs mt s 8 $ 1,160,00 0 $ 0 $ 0 $ 8 $ 1.160.00 reDOrts 8 $ 1,160.00 0 $ 0 $ 0 $ 8 $ 1,180.00 Site investigationS elect 18 $ 2.610.00 $ $ $ 18 $ 2,610,00 i&C 8 $ 1,160.00 0 $ 0 $ 0 $ 8 $ 1,160,00 Reoprts of findings eled 15 $ 2,175,00 $ $ $ 15 $ 2,175.00 !1rtQs 8 $ 1,160,00 0 $ 0 $ 0 $ 8 $ 1,160.00 minor deslQn tasks eled 8 $ 1,160.00 14 $ 1,610.00 8 $ 600.00 8 $ 400.00 38 $ 3,710.00 I&C 2 $ 290,00 2 $ 230.00 0 $ 0 $ 4 $ 520,00 Coordination 01 testing eled 8 $ 1,160,00 0 $ 0 $ 0 $ 8 $ 1,160,00 o S 0 $ 0 $ 0 $ 0 $ COntractor coordination - 4 $ 580.00 4 $ 460.00 $ 0 $ 8, $ 1.040,00 o $ 0 $ 0 $ 0 $ 0 $ Total Ma~ower 83 $ 12,035,00 16 $ Iß4O·00 8 $ 600,00 8 $ 400,00 123 $ 15,915.00 Phase III CSCRWTP) Preliminary Mlgs mtos 8 $ 1,160.00 0 S 0 $ 0' $ 8 $ 1,160.00 reports 8 $ 1,160.00 0 S 0 $ o $ 8 S 1,160.00 Site invesligatiOns elect '8 $ 2,610,00 $ $ S 18 S 2.6'0,00 I&C 8 $ 1.160,00 0 $ 0 $ 0 $ 8 $ 1,160.00 Reoprts ollindings elect 15 $ 2,175.00 $ $ $ 15 $ 2,175.00 mtQs 8 $ 1,160,00 0 S 0 $ 0 $ 8 $ 1,160.00 minor design tasks elect 8 $ 1,160,00 '4 $ 1,610.00 8 $ 600.00 6 $ 300,00 38 $ 3.670.00 I&C 2 $ 290.00 2 $ 230.00 0 $ 0 $ 4 $ 520.00 Coordination 01 testing elect 8 $ 1,160.00 0 $ 0 $ 0 $ 8 $ 1,160.00 0 $ 0 $ 0 $ 0 $ o $ Contractorcoorolnation - 4 $ 580,00 4 $ 460.00 $ 0 $ 8 $ 1.040,00 0 $ 0 $ 0 $ 0 $ o $ Total Manpower 83 $ 12,035.00 16 $ 1,840,00 8 $ 600.00 6 $ 301),00 121 $ 15,815.00 I phaSe,,, INC"Wl. Preliminary Mlgs mlos 8 $ 1,160,00 0 $ 0 $ 0 $ 8 S 1.160,00 reports 8 $ 1.160.00 0 $ 0 $ 0 $ 8 $ 1,180,00 Site invesbgatiOnS eject 18 $ 2,610,00 $ $ $ 18 $ 2,610.00 I&C 8 $ 1.160,00 0 $ 0 $ 0 S 8 $ 1,160.00 Reoprts of findings elect 15 $ 2,175.00 $ $ $ 15 $ 2,175.00 mtQs 8 $ 1,16000 0 $ 0 S 0 $ 8 $ 1.160.00 minor design tasks eled 8 S 1.160.00 14 $ 1,610,00 8 $ 600,00 6 S 300.00 36 $ 3,670,00 I&C 2 S 290.00 0 $ 0 $ 0 $ 2 $ 290,00 Coortlinalion ottesting elect 8 $ 1,160.00 0 $ 0 $ 0 $ 8 $ 1,'60.00 0 $ 0 $ 0 $ 0 $ 0 $ Contractor coordination - 4 $ 580.00 4 $ 460,00 S 0 $ 8 $ 1.040.00 0 $ 0 $ 0 $ 0 $ 0 $ 01al Manpower 83 $ 12.035,00 14 $ 1,610,00 8 $ 600,00 6 $ 300,00 119 $ 15,585.00 Ph... I ey 5teet Preliminary Mtgs mtos 6 $ 870,00 0 $ 0 $ 0 $ 6 $ 870.00 reoorts 4 $ 580.00 0 S 0 $ 0 $ 4 $ 580.00 Site investigations elect 12 $ 1,740.00 $ $ $ '2 S 1,740.00 I&C 0 $ 0 $ 0 $ 0 $ 0 $ ReOprts 01 findings elee! 10 $ 1,450,00 $ $ $ 10 $ 1,450.00 mtos 4 $ 56Q00 0 $ 0 $ 0 $ 4 $ 580.00 minor design tasks eled 2 $ 290.00 6 $ 690,00 4 $ 300,00 6 $ 300.00 18 $ 1,580.00 I&C 0 $ 0 $ 0 $ 0 $ 0 $ Coordination of tesling elect 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ Contractor coordination -------J 0 $ 0 $ $ 0 $ 0 $ 0 S 0 $ 0 $ 0 $ 0 $ Tota! Manpower 38 $ 5,510,00 6 $ 690,00 4 $ 300,00 6 $ 300.00 54 $ 6MO.00 I U· I 421 $ 70.000.00 I V I A~ c:xpenses $1.000.00 iStm'fSûO:CönlUlt $ 50,000.00 Total I IS 120,000.00 I Page 1 C :\AdLlb expressllnputlAgenda. BCCAGENDA, 18964 --.-..-""--- Agenda Item No. 16C4 January 10, 2006 Page 12 of 13 Project Name: Facility Electrical Studies (Energy Efficiency Enhancements >'fVØ6n"". FY07 "FV08:{ 2006 2007 20, Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr EVENT Cost 1 2 3 4 1 2 3 4 1 2 Study / Design Report w / Recommendations Follow- u p / Constr. Project Total Action Required: $121,000 $250K- $450K (Estimate d) -$500K Recommendation to approve 1-Fork Order RKS-FT-3681-06-01 Water and Wa,...·tewater Energy Efficiency Enhancements in tilt Agenda Item No. 16C4 January 10. 2006 Page 13 of 13 s) - 1 ··...··.'7;jy.¡f:~¡ f¥10i~;YG:j,.j,··.· FY09 - 08 20 09 20 1 0 Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr 3 4 1 2 3 4 1 2 3 4 i --., - , ',- 1 ,. , j' ~ ¡ I " r -, Capital Project Nos. 71007, 73071 , for pr(~fessional engineering services from RKS Consulting Engineers, Inc. for the e amountof$J21,OOO, Project Numbers 71007 and 73071. --~_..__..._..- -,~.~,,~ .. r-.v --.--"".....--.. ....... Agenda Item No. 16C5 January 10, 2006 Page 1 of 21 ~ EXECUTIVE SUMMARY Recommendation that the Board approve payment of $82,339 to Douglas N. Higgins, contractor for the Florida Department of Environmental Protection Agency (FDEP) Division of Recreation and Parks towards In-Kind services in accordance with FDEP Consent Order OGC-552-11-DW Project 73161. OBJECTIVE: To obtain approval ITom the Board of County Commissioners for the payment of $82,339 to Douglas N. Higgins, contractor for the FDEP Division of Recreation and Parks, towards the abandonment of the wastewater treatment package plant and connection to the Collier County wastewater collection system. The public purpose of the project is to reduce pollution and other environmental risks related to maintaining a separate wastewater treatment package plant. "...- CONSIDERATIONS: FDEP Division of Recreation and Parks intends to convert their package plant located at the Seminole Park to a lift station. As a result, wastewater will be pumped to the Collier County wastewater collection system. FDEP has verified that the work under this project is eligible for in-kind services to satisfy the attached Consent Order OGC-552-11-DW. This Consent Order requires Collier County to pay a sum of $155,000 as civil penalties or perfonn in-kind services in an amount equal to one and one-halftimes the civil penalty amount or $232,500 towards the bettennent of the overall wastewater collection system in the County. The County has already completed the rest of the in-kind service work. By paying a balance of $82,339 to Douglas N. Higgins on the receipt of their invoices towards the construction for the above mentioned project Collier County would complete all the requirements of line item 20 of the said Consent Order. To benefit both parties, FDEP Division of Recreation and Parks and Collier County entered into the agreement, a copy of which is attached. Per the agreement Collier County will pay an amount of $82,339 to Douglas N. Higgins for the construction of the lift station, construct the force main in the Right of Way and connect to the Collier County wastewater collection system. The said amount is fixed and FDEP Division of Recreation and Parks will pick up the rest of the construction cost and will monitor the construction activities and turn over the pipeline in the right of way to Collier County for maintenance ofthe force main. The County Clerk's Finance and Accounting Division have reviewed the infonnation contained in this Executive Summary. FISCAL IMPACT: This project was approved by the Board in the FY06 budget on September 22, 2005. The total amount of funds required for this payment is $82,339. Sufficient funds are available in the Take Package Plant Offline project 73161. The source of funds is Water User Fees Fund 414. ,-- Executive Summary Award bid Contract Page 2 Agenda Item No. 16C5 January 10,2006 Page 2 of 21 GRO\VTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDA TIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District approve payment of $82,339 to Douglas N. Higgins, contractor for the FDEP Division of Recreation and Parks, towards In-Kind services to satisfy the FDEP Consent Order requirement and authorize Mr. Jim Delony to execute the contract after review by the County Attorney. Prepared Bv: Shanthi Sridhar, Project Manager, and Public Utilities Engineering Department. ,~,''''''",", Item Number: Item Summary: Meeting Date: Agenda Item No. 16C5 January 10. 2006 Page 3 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C5 Recommendation that the Board approve payment of $82,339 to Douglas N Higgíns contractor for the Flonda Department of Environmental Protection Agency (FDEP) Division of Recreation and Parks towards In¥ind services in accordance with FDEP Consent Order OGC-552- 1 1-DW Projec) 73161 1/10/20069:00:00 AM Project Manager Date Prepared By Shanthí Sridhar Public. utilities Public Utilities Engineering 1217/200510:36:29 AM WastAy.'31er Collections Manager Date Approved By S1ephen L. Nagy Public Utilities WasteWater 1218/20058:22 AM G. George Yilmaz Interim WasteWater Director Da'" Approved By Public Utilities WasteWater 12/1212005 3:54 PM Approved By Principal Project Manager Date William D. Mullin, PE Public utilíties Public Utilities EngineerÎng 12/12120064:34 PM Approved By Public Utilities Engineering Director Date Roy B. Anderson, ~.E. Publìc Utilities Public Utilities Engineering 12113120054:00 PM Thomas Wides Operations Director Date Approved By Public Utílities Public UtiUties: Operations 12115/20059:15 PM Public utilities Administrator Date Approved By James W. DeLony Public. utilities Public Utilitíe'i> Administration 12/16120052:11 PM OMB Coordinator Administrative Assistant Date Approved By County M.mager'& Offíce Office of Manag&ment & Budget 12119/20052:53 PM Approved By Senior Management/Budget Analyst Date Susan Usher County Manager's Office Office of Management & Budget 1212212005 2:42 PM Mit:haelSmykowski Management & Budget Director Date Approved By County Manager's: Office Office of Management & Budget 12128/20054:07 PM Approved By County Manager Oate James V. Mudd Board of Coun1y Commissioners County Manager's Office 12/28120054:20 PM Jeb Bush Govemor Age rB5ŒW.EÐ:: 5 Department of January 10,2006 Page 4 of 21 E.· I P · APR 0 6 2001 . nVlronmenta rotectlOl\ard of County Commissione. ~ South District P.O. Box 2549 Fort Myers, Florida 33902-2549 David B. StrUhs Secretary April 5, 2001 CERTIFIED MAIL NO. 7000 1670 0005 53004745 RETURN RECEIPT REOUES1ED James D. Carter, Ph.D., Chairman Comer County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 . Re: County - DW OGe Case No. 01-0552-11-DW Collier County North Regional FL0141399 Dear Dr. Carter: Enclosed is the Consent Order to resolve the above referenced case. Please sign this copy and return it to the Department within fifteen (15) days. Hyou have any questions please contact Keith Kleinmann at (941) 332-6975, en. 182. Your cooperation in resolving this case is appreciated. Sincerely, ~1t(~ Richard W. Cantrell Director of District Management RWClKKlcap Enclosure cc: James Mudd r, ! '¡ \ ..-. . ! . ':: 'S p. I. . . "More Protection. Less Process" Prlnteíl on recycled paper. ,~ Department. of Environmental Protection Agenda Item No. 16C5 January .10, 2006 Page 5 of 21 Jeb Bush Governor South DIstrict P.O. Box 2549 Fort Myers, Florida 33902-2549 David B, StrUhs Secretary April 11, 2001 CERTIFIED MAIL NO.: 7000 16700005 5300 1454 RETURN RECEIPT REOUESTED James D. Carter, Ph.D., Chairman Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 4ft ~ I 0 f g-e-I Re: County - DW OGC Case No. 01-0552-11-DW Collier County North Regional FL0141399 Dear Dr. Carter: Enclosed is the signed and entered Consent Order to resolve the above referenced case. This copy is for your records. Please note that all compliance dates begin from the date of entry of this Order which is April 10, 2001. Upon satisfactory completion ofall conditions of the Order, we will close this case and place it in our inactive file. If you have any questions, please contact Keith Kleinmann of this office at (941) 332-6975. Your cooperation in resolving this case is appreciated. Sincerely, ~ k;:Gd;¡iI Richard W. Cantrell Director of District Management R WClKKlj Ii Enclosure cc': Kathy Carter OGe (w/enclosure) Ilia Herrera (w/enc1osure) "More Protection, Less Process" Printed on recyded paper. ,,~.-~""~.,. , I Agenda Item No. 16C5 January 10, 2006 Page 6 of 21 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Complainant, ) ) ) ) ) ) ) ) ) ) ) ), ) IN THE OFFICE OF THE SOUTH DISTRICT OGe FILE NO. 01-0552-11-DW vs. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent. CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection ("Department") and Collier Board of County Commissioners ("Respondent") to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and the Respondent admits the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida I s air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes, and the roles promulgated thereunder, Title 62, Florida Administrative Code. The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondent is a person within the m~g of Section 403.031(5), Florida Statutes. 3. Respondent is the owner and is responsible for the operation of the Collier County North Regional Water Reclamation Facility, an 8.5 million gallons per day (MGD) annual average daily flow (AADp) activated sludge process wastewater treatment facility ("North Facility") with chlorinated effluent to two Class I injection wells located at the Collier Agenda Item No. 16C5 January 10, 2006 Page 7 of 21 . County North Water Treatment Plant, a Regional Reuse System, and intermittent discharge to the Palm River Canal which discharges to the Cocohatchee River. The North Facility is located at Latitude 26° 15' 12" N, Longitude 81° 45' 26" W, Collier County, Naples, Florida. Respondent is also the owner and is responsible for t1le operation of the Collier County South Regional Water Reclamation Facility, an 8 MGD AADF modified Ludzack Ettinger process wastewater treatment facility (South Facility) with chlorinated effluent to a regional reuse system and a Class I injection well. The South Facility is located at Latitude 260 05' 30" N, Longitude 81043' 30" W, Collier County, Naples, Florida. 4. Respondent violated Florida Administrative Code (F.A.C.) Rule 62-600.740(2)(a) which prohibits the release or disposal of excreta, sewage, or other wastewaters or domestic wastewater residuals without providing proper treatment and F.A.C. Rule.62-600.410(6) which requires that all facilities and equipment necessary for the treatment, reuse, and disposal of domestic wastewater or domestic wastewater residuals shall be maintained at a minimum, so as to function as intended. On January 26, and 28, 2001; February 7, 14, 15, 19(x2), 20, 21, 27, and 28, 2001; March 1, and 3, 2001 the Respondent reported to the Department that overflows of partially treated wastewater had occurred at the North Facility due to hydraulic surges. 5. Having reached a resolution of the matter, the Department and the Respondent mutually agree and it is ORDERED: 6. Respondènt shall submit Form 62-620.910(12), I1Notification of Completion of Construction for Wastewater Facilities or Activities 11 . for the 5 MGD expansion to the North Facility and place the facility into operation by December 1, 2001. 7. Respondent shall ensure that at least half of the capacity of. the aeration basins for the 5 MGD expansion to the North Facility is available for flow equalization by December 1, 2001. Respondent shall submit a certification of completion of construction for the aeration basins by December 1, 2001. 2 --- Agenda Item No. 16C5 January 10, 2006 Page 8 of 21 8. Respondent shall submit an application for modification of the North Facility (including appropriate fees, if necessary) to ensure that the expansion to the North Facility bas adequate 'effluent disposal capacity. This application shall be submitted within sixty (60) days of the date of this Consent Order. 9. Respondent shall submit an application for modification of the North Facility (including appropriate fees, if necessary) to incorporate secondary effluent disposal via Class I injection wells at the North County Water Treatment Plant or the South Facility. The application shall include appropriate protocols to ensure that reclaimed water lines are properly disinfected. The application shall be submitted to the Department within sixty (60) days of the date of this Consent Order. Any construction necessary shall be completed by December 1, 2001. 10. Respondent shall submit an application for modification of the North Facility .. (including appropriate fees, if necessary) for a temporary interconnect of reclaimed water lines between the North. Facility and the South Facility. The application shall be submitted to the Department within sixty (60) days of the date of this Consent Order. This application shall include provisions for disposal of a portion of the North Facility's effluent in the Class I injection well at the South Facility. Any construction necessary shall be completed by December 1, 2001. 11. Respondent shall submit an application for modification of the North Facility (including appropriate fees, if necessary) to install adequately designed flow equalization/surge tanks at the North Facility within sixty (60) days of the date of this Consent Order. 12. Respondent shall complete the construction of the flow equalization/surge tanks referenced above by November 1, 2002. 13. Respondent shall submit a comprehensive review of the Respondent's current collection system and facility capacities. The review shall include but not be limited to an analysis of the Respondent's currently allocated flows, existing flows and future wastewater flows. This analysis shall be performed using accepted engineering principles. The analysis ® <- 3 Agenda Item No. 16C5 January 10, 2006 Page 9 of 21 shall be signed· and sealed by a professional engineer registered in the State of Florida. The comprehensive analysis shall be submitted to the Department by October 1, 2001. Respondent shall also submit annual capacity analysis reports for both facilities begùmingJuly 1, 2002 and lasting until July 1, 2005. 14. Respondent shall submit an application and appropriate fees for an expansion of at least 10 MGD Annual Average Daily. Flow (AADF) to the North Facility. The expansion shall be designed based on maximum monthly daily flow (MMDF). The modification will give the facility a total capacity of 30.6 MGD MMDF. The application shall be submitted to the Department by January 16, 2002. The application shall be prepared and sealed by a professional engineer registered in the State of Florida. In the event the application is incomplete, within 30 days of receipt of a request for additional information to complete the application, Respondent shall ensure that the information is submitted. Within 30 days of completion of construction as authorized by the construction permit, Respondent shall submit the appropriate Notification of Completion of Construction signed and sealed by the project engineer. If the Respondent is unable or unwilling to construct a modification of the plant's treatment and disposal system as provided in this paragraph, the Department reserves the right to seek other relief to require the Respondent to comply with its rules and permits. 15. Respondent shall certify the expansion to the North Facility, referenced in. paragraph 14 above, complete and place the expanded facility into operation by January 1, 2005. 16. Respondent shall complete an expansion of the South Facility to 16 MGD maximum monthly flow by November 1, 2003. 17, Respondent shall ensure that modifications to the North Facility that include temporary connections to the South Facility do not cause violations of Department rules at the South Facility. In the event that the South Facility is unable to comply with Department rules due to contributions from the North Facility the Department shall assess stipulated penalties in accordance with paragraph 21, below. 4 , , Agenda Item No. 16C5 January 10, 2006 Page 10 of 21 18. Every calendar quarter after the effective date of this Consent Order, ~ Respondent shall submit in writing to the Department a report containing information concerning the status and progress of projects being completed under this Consent Order, information as to compliance or noncompliance with the applicable requirements of this Consent Order including construction requirements and effluent limitations, and any reasons for noncompliance, Such reports shall also include a projection of the work to be performed pursuant to this Consent Order during the following 12 month period. The reports shall be submitted to the Department within thirty (30) days following the end of the quarter, 19. In the event of a sale or conveyance of the facility or of the property upon which the facility is located, if all of the requirements of this Consent Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the property or facility, (1) notify the Department of such sale or conveyance, (2) provide the name and address of the purchaser, or operator, or person(s) in control of the facility, and (3) provide a . copy of this Consent Order with all attachments to the new owner. The sale or conveyance of the facility, or the property upon which the facility is located shall not relieve the Respondent of the obligations imposed in this Consent Order. 20. Within thirty 30 days of the effective date of this Consent Order; Respondent shall pay the Department $ 190,000.00 in settlement of the matters addressed in this Consent Order. This amount includes $130,000.00 in civil penalties for alleged violations of Section 403.161, Florida Statutes, and of the Department's rules, $25,000.00 for economic benefit, and $5000.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. Payment shall be made by cashier's check or money order. The instrument shall be made payable to the "Department of Environmental Protection" and shall include thereon the OGe number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund". The Respondent, however, may elect to satisfy the agreed-upon civil penalty amount of$155,000.00 by performing in-kind services in an amount equal to one and one-half -------./ 5 · . Agenda Item No. 16C5 January 10, 2006 Page 11 of 21 times the civil penalty amount, or $232,500.00. A proposal for the in-kind service shall be submitted to the Department within thirty (30) days of entry of this Consent Order. If the in- kind proposal is not approved by the Secretary of the DepartÌnent, Respondent shall pay the Department $160,000.00 within twenty (20) days of being 'notified by the Department. If the in- kind proposal is approved, the Respondent shall pay costs owed to the Department ($5000.00) within twenty (20) days of being notified by the Department. Payment shall be made by cashier's check or money order. The instrument shall be made payable to the "Department of Environmental Protection" and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund".. 21, Respondent agrees to pay the Department stipulated penalties in the amount of $10,000.00 per day for each and every day Respondent fails to timely comply with any of the requirements of Paragraph 6,7 and 17 of this Consent Order. Respondent agrees to pay the Department stipulated penalties in the amount of $2500.00 per day for each and every day Respondent fails to timely comply with any of the requirements of Paragraph 8-12 of this Consent Order. Respondent agrees to pay the Department stipulated penalties in the amount of $100.00 per day for each and every day ~=/tr~:¡:y 1~!1:/~thl'~~:vA. :1: requirements of Paragraphs 13-20 of this Consent Oroer ~ A separate stipulated penãitý šh3lrbe assessed for each violation of this Consent Order. Within 30 days of written demand from the Department, Respondent shall make payment of the appropriate stipulated penalties to "The Department of Environmental Protection" by cashier's check or money order and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund." Payment shall be sent to the" Department of Environmental Protection, P.O. Box 2549 Fort Myers, Florida 33902-2549, The Department may make demands for payment at any rime after violations occur. Nothing in this Paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Consent Order. AI1y penalties assessed under this Paragraph shall be in addition to the settlement sum agreed to in Paragraph 20 of this Consent Order. If the Department is required to flie a , 6 .,"..".,.".".......---._,..~.. Agenda Item No. 16C5 January 10, 2006 Page 12 of 21 lawsUÌt to recover stipulated penalties under this Paragraph, the Department will not be foreclosed' from seeking civil penalties for violations of this Consent Order in an amount greater than the stipulated penalties due under this Paragraph. 22. If any event, includmg administrative or judicial challenges by third parties unrelated to the Respondent, occurs which causes delay or the reasonable likelihood of delay, in complying with the requirements of this Consent Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondent and could not have been or cannot be overcome by Respondent's due diligence. Economic circumstances shall not be considered circumstances beyond the control of Respondent, nor shall the failure of a contractor, subcontractor, materialman or other agent (collectively referred to as "contractor") to whom responsibility for perfonnance is delegated to meet contractually imposed deadlines be a cause beyond the control of Respondent, unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department orally within 24 hours or by the next working day and shall, within seven calendar days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to prevent or minimize the delay and the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will b,e caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from :such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or rninimi7.e delay. Failure of Respondent to comply with the notice requirements of this Paragraph in a timely manner 'shall constitute a waiver of Respondent's right to request an extension of time for compliance with the requirements of this Consent Order. 23. Persons who are not parties to this Consent Order, but whose substantial interests are affected by this Consent Order, have a right, pursuant to Sections 120.569 and 7 '. Agenda Item No. 16C5 January 10, 2006 Page 13 of 21 120.57, Florida,statutes, to petition for an administrative hearing on it. The Petition must . contain the iÌrformation set forth below and must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. . Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: (a) The name, address, and telephone number of each petitioner; the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Order; (c) A statement of how each petitioner's .substantial interests are affected by the. Consent Order; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Order; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is flled, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, Florida Statutes, and to participate as a party to this proceeding, AI1y subsequent intervention 8 .' '",,,"_.,...'<' '","P' Agenda Item No. 16C5 January 10, 2006 Page 14 of 21 will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28- 106.205, Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The . procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondent, the Department, and any person who has fIled a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be fIled in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS #35, Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, ar¡.d telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the fIrst session, if no mediator has yet been chosen; 9 " Agenda Item No. 16C5 January 10. 2006 Page 15 of 21 (f) The name of each party's representative who shall have authority to settle or recommend settlement; and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a stateIIÍent clearly identifying the petition for hearing that each party has already_ filed, and incorporating it by reference, (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for requesting and holding an adTTl'tnistrative hearing. Unless otherwise agreed by . the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore fùe their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 24. Respondent shall allow "all authorized representatives of the Department access to the property and facility at reasonable times for the purpose of determining compliance with the tenus of this Consent Order and the rules and statutes of the Department. 25. All submittals and payments required by this Consent Order to be submitted to the Department shall be sent to the Florida Department of Environmental Protection, P.O. Box 2549 Fort Myers, Florida 33902-2549. 10 ._~_',.~",~·..m'."""'__ Agenda Item No. 16C5 January 10, 2006 Page 16 of 21 26. This Consent Order is a settlement of the Department's Civil and administrative. authority arising under Florida law to resolve the matters addressed herein. This ·Consent Order is not a settlement of·any crirninalliabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law . 27. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes, or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order. 28. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, Florida Statutes. Failure to comply with the terms· of this Consent Order shall constitute a violation of Section 403.161(1)(b), Florida Statutes. 29. The Department, for and in consideration of the complete and timely performance by Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek judicial imposition of damages or civil penalties for alleged violations through the date of the filing of this Consent Order as addressed in this Consent Order. 30. Respondent is fully awaré that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and criminal penalties. 31. Entry of this Consent Order does not relieve Respondent of the need to comply with applicable federal, state or local laws, regulations or ordinances. 32. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by both Respondent and the Department. 33. Respondent acknowledges and waives its right to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondent acknowledges its right to appeal the terms of this Consent Oider pursuant to . ) Section 120.68, Florida Statutes, and waives that right upon signing this Consent Order. II Agenda Item No, 16C5 January 10; 2006 Page 17 of 21' , 34, This Consent Order is a fmaforder of the Department pursuap;ttQ Section 120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department uÌ1less a Petition for AðU'\1nistrative Hearing is f1led in accordance with Chapter 120, Florida Statutes, Upon the timely filing 'of a petition this Consent Order will not be effective until further order of the Department. r, Ph.D., Chairman llier Co Board of County Commissioners Attest as to Chi i run t s ,$ i ",It," 01'11· .... day of ~ ' 2001, \tt,,1 !lOt." . I' ",'" ,.,..... . J ~ I .,' (\'\ ~ D "'~""':"'/ ,." ·t·,:..··'!.., ......~:'!(:I~:,:;. "" . ,.' .¡('';_'. ...., .:.:,:" ~.c..' , ,<~ ·;.~;i.~;;~;~tf~i~~;fÙ ~. .>/f7:A~/ð;?~.'''-Y . '~F-~-~:,'¡""""'''''¡'' ~. : . D' TE'~ >', .' : "~~~,,,,;,.;:.;" ';.- -. r . ",-.".-,\.,:·~t'¡i&~~~' .'; 0, I(' ~"."'''~ ~.-. .: ..)'A.L¡';~~.~ tI·'- . .' -..~...,..;~,::."tt'\'··I"·' '<".~¡;;.¡¡¡..~.." ""DUll . ".: u;~·;""ç.?" . . 'i~·BROCK. UIIDiIM ...... :;:.:~;r~~~.-" ): ,~~.;;.', . ':'.:;M~~!~.".~ .,:~.~A.J. #~ .......¡& Œ. '" ;1~~~t'~:~:'~'i::: ' Dot.iÈ AND ORDERED thi~ /o~ in ÌJ illlM~ ~ Florida. STATE OF FLORIDA DEPARTMENT 'oF ENVIRONMENTAL PROTECTION Appl"!!vsð. as to lo-rm & l;?g~ rzl::~<r.::: .:,. .·<¡ÕM ~wI.w- .' Assistsni Coanty Atto.rn-sy (jLL~ 'W: (~ Richard W. Cantrell Director of District Management FILING AND ACKNONLEDGEMENT FI L~D, on this dat2, pursua ot to S 12ù.52 FJoflda Statutes,. with the designated Depart. ment Clerk, receIpt of wt¡ich is hereby a"k ~dgedo c now· (fv No.;" ~~. ~~ '-t- \ \ - "'.:\,. DAT~ 12 .. _..,.,^~----"'-'^_.-.- Agenda Item No. 16C5 January 10, 2006 Page 18 of 21 DC616 P. U.E. D. WASTEWATER SERVICE AGREEMENT JI:.. ·.5 DEe -2 AM lli 46 THIS AGREEMENT, made and entered into this ~day of J:};pO~A-' 2005, by and between the Board of County Commissioners of Collier County, Florida, whose business address is, 3301 East Tamiami Trail, Building H - 3rd Floor, Naples, Florida 34112, (hereinafter referred to as "COUNTY"), and Florida Department of Environmental Protection for the use and benefit of Division of Recreation and Parks, (hereinafter referred to as "DEPARTMENT"). WHEREAS, DEPARTMENT controls land located in Collier County, Florida, known as Collier- Seminole State Park, (hereinafter referred to as "Park") and the DEPARTMENT needs to receive sanitary wastewater collection/transmission services; and WHEREAS, the COUNTY is willing and able to provide central wastewater correction and treatment services to the Park; in accordance with the provisions of this Agreement, and thereafter own, operate and maintain the sewer facilities that are to be transferred to the COUNTY (as stated in paragraph 10 so that the improvements in the Park will receive permanent and continuing wastewater service from COUNTY); and WHEREAS, this Agreement is also to facilitate removal of septic tank pollution along South US 41 by providing COUNTY sewerage service to such adjacent to US 41 polluted sites. NOW, THEREFORE in consideration of the premises and mutual undertakings and agreements herein contained and assumed, DEPARTMENT and COUNTY hereby covenant and agree as follows: 1. The COUNTY shall pay the Contractor directly $ 82,339.00 (Eighty two thousand three hundred and thirty nine dollars) after the Department of Environmental Protection, Division of Recreation and Parks' review and approval of completed work towards the DEPARTMENT'S construction of a new municipal correction/transmission system, which includes a 6" force main along U.S. Highway 41 South and County Road 92, or portions thereof; from the Park to the COUNTY'S receiving/eol/ecting Lift Station, known as Utilities Pump Station # 3.17. This funding is provided to satisfy a portion of the Florida Department of Environmental Protection (FDEP) Consent Order # OGC-552-11-DW, entitled "Removing Pollution Along South U.S. 41". DC616 page lof 4 : Agenda Item No. 16C5 January 10, 2006 Page 19 of 21 2. The existing sewage flow from PARK is estimated by the COUNTY and the DEPARTMENT to be an annual average daily flow (ADF) of 4,000 gallons, based on the current Wastewater Treatment Plant (WWTP) Discharge Monitoring Reports (DMR's) flow records as documented by the DEPARTMENT'S Operation and Maintenance Service Company, US Water Services, Inc. 3. The parties agree that the DEPARTMENT shall pay an Initial Impact Fee based upon the estimated usage of the COUNTY'S Wastewater System identified in paragraph two (2) above. The Total Impact Fee shall be $35,625.00 (thirty-five thousand six hundred and twenty-five dollars). The Total Impact Fee has been calculated as follows: An equivalent Residential Connection (ERC) value is determined and fee is calculated based upon the current wastewater impact fee per ERC. Specifically, PARK ADF of 4000 gpd is divided by 350 gpd (1 ERC = 350gpd). The ERC value of 11.428 is rounded to the nearest tenth. This ERC value of 11.4 is used to calculate the impact fee based on the current wastewater impact fee charge of $3,125 per ERC. . 4. At an eighteen (18) month interval and a thirty six (36) month interval after the PARK is connected to COUNTY'S WWTP, the parties shall exchange all necessary information and documentation to determine the DEPARTMENT'S actual usage of the COUNTY'S Wastewater System based on the aforementioned formula using actual flows and County shall be compensated by the DEPARTMENT for the difference if any between the estimated 4.000 gallons per day and actual use. Per the County Ordinance, no impact fee refund shall be issued for a determination of lower flows. as County will have reserved in perpetuity WWTP capacity based upon 4000 gpd. 5. Within thirty (30) days of determination of the Park's ADF and payment of the Final Total Impact Fee, COUNTY will provide to DEPARTMENT a Permanent Service Agreement. Upon execution of that agreement and payment of such fees. DEPARTMENT shall be entitled to permanent and continuing wastewater service from COUNTY in accordance with the rules and tariffs of COUNTY. DC616 page 20f 4 4 . Agenda Item No. 16C5 January 10, 2006 Page 20 of 21 6. The COUNTY shall allow public access to all documents, papers, letters, or other material made or received by the COUNTY in conjunction with this contract, unless the specific documents, letters, or other materials are then exempt from Subsection 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes or otherwise exempt by then applicable law. 7. All bills for amounts due under this contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 8. DEPARTMENT will be responsible for the design, bidding and contracting for the work associated with this project. 9. The DEPARTMENT shall provide and maintain an odor control unit to this sewer main and perform quarterly flushing with a non-metered water source in the pipeline until it is mutually agreed in writing by the DEPARTMENT and the COUNTY that this odor control along the sewer main is no longer required. 10. Upon the final completion of the construction contract related to the construction of this sewer main, the Department will by a Utility Facilities Deed transfer title to the sewer main, outside the park boundary and within the R.O.W. (Right of Way), to the COUNTY and thereafter it will be the responsibility of the County, as owner of the main, to maintain same. 11. The DEPARTMENT will not object to any or all additions of other service connections to this sewer main that will be constructed by the County as those connections will provide extra flow to these facilities and will benefit the DEPARTMENT by reducing, and potentially eventually eliminating the need for these costs of odor control. The COUNTY will not allow any connections that will result in loss or impairment of this sewer service to the Park. If impairment occurs as a result of actions by the COUNTY, then the COUNTY shall be responsible for any necessary upgrade of the sewer connection and facilities. 12. The DEPARTMENT'S Project Manager is Fred Hand or his successor at Phone number (850) 488-5372. The COUNTY'S Project Manager is Ms. Shanthi Sridhar or her successor at Phone number (239) 530-5390. All matters shall be directed to the respective Project Managers for appropriate action or disposition. DC616 page 30f 4 Agenda Item No. 16C5 January 10, 2006 Page 21 of 21 IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed the day and year written above. r ecretary or Designee for the State of Florida Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32399 01 E Tamiami Trai Naples Florida .JR"~5 W. /)~UII" þ"MIL..lJl,LJ7JIIf" Typed/printed name and'Title /b/PI1l15'M'IØI(. '1'"", e;'wwJ~w~~ , ~~·<!.f Typed/printed name a~d Title Approved as to form and legality ~ . Approved as to form and legality By:, ~~ ~ DC616 page 40f 4 "~,,.-----.__.~~ Agenda Item No. 16C6 January 10, 2006 Page 1 of 3 .,- EXECUTIVE SUMMARY Recommendation to award Bid #05-3884 - Furnish and Deliver Sodium Chlorite to International Dioxide as the primary contractor and Altivia as the secondary contractor in the estimated amount of $68,988 per year. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award bid #05-3884 to International Dioxide as the primary contractor to provide an annual contract to furnish and deliver sodium chlorite used for odor control during the North County Water Reclamation Facility's (NCWRF's) dewatering process. CONSIDERATIONS: 1. The County's Public Utilities Division operates water and wastewater facilities necessary to serve the customers of the County Water/Sewer District. 2. The water and wastewater facilities provide treatment of the County's water and sewage. The by-product of such treatment can be odorous hydrogen sulfide and organic gasses. Sodium chlorite is used during the dewatering process at the NCWRF to control odor caused by hydrogen sulfide and organic gasses. r- 3. Bids were solicited by the Purchasing Department on September 9, 2005 for Bid #05- 3884 - Furnish and Deliver Sodium Chlorite. Forty-five notices were sent out and two bids were received. The low bid of $68,350 annually was submitted by International Dioxide. 4. Staff has reviewed the bids that have been received and deemed that International Dioxide was the lowest qualified, responsive bidder. Staff recommends International Dioxide to be the primary contractor to furnish and deliver sodium chlorite, and recommends that Altivia, as the second lowest qualified, responsive bidder, to be the secondary contractor in the event that International Dioxide is unable to deliver. The bid for the secondary contractor is the estimated amount of $68,988 per year. The County Clerk's Finance and Accounting Division has reviewed the information contained in this executive summary. FISCAL IMPACT: Total expenditures for this service are estimated at $68,988, and will be funded from the County Water/Sewer Fund 408. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. /"""" RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award bid #05-3884 to International Dioxide as the primary contractor, and Altivia as the secondary contractor to furnish and deliver sodium chlorite used at the North County Water Reclamation Facility for odor control during the dewatering process in the total annual estimated amount of $68,988. PREPARED BY: Dale Waller, NCWRF Plant Manager Page ¡ (~ll Agenda Item No. 16C6 January 10. 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. Item Summlry: 16C6 Meeting Date: Recommendation to award Bid #05·3884 Fumish and Deliver Sodium Chlorite to International D'loxide as the primary contractor and Altivia as the secondary contractor in the estimated amount of $68,988 per year 111012006 900:00 AM Prepared By Dale R. Waller Treatment PI"nt Superintendent Date Publit Utilities WasteWater 12/13/20051:38:63 PM Approved By Bonnie 8aer Contracts Supervisor Date Clerk of Courts Fínance 12/1412006 10:54 AM Approved By G. George Yìlmaz Interim WasteWatt'r Director Date Public Utitities WasteWater 12/14120053:30 PM A. pproved By Steve Carnell purchasing/General SVC5 Director DAte AdministratÎve Services Purchasing 1211&120061:38 PM Approved By Mike Hauer Acquisition Manager o.te Administrative Servìces Purchasing 12116120051:44 PM Approved By Thomas Wides Operðtìons Dìrector Date Public Utilities PublÎt Utilities Operations 12/17/20052:29 PM Approved By James W. DeLony Public Utilities Admínistrator Date Public. Utilities Public Utilities Administration 12/20/2006 8:24 AM Approved By OMS Coordinator Administrative Assistant Date county Manager's Office Office of Management & Budget 12/211200510:13 AM Approved By Randy Greenwald Management/Budget Analyst Oat. County Manager's Office Office of Management & Budget 12/29120063:03 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1 Zl30/2006 11 :46 AM I!_~._,"n",'_ (3¡gffi N ,~O~ . :;:::Nè5 "'0 o ó!D "~ Z,,-CØ¡CD E 2::'~ u ctí u CD OJ :::J'- a:: :t:: c Õ "'0 ~E5z ã5 C G) OJ CJ 0) .¡: « 0. G) CJ .¡: 0. G) CJ .¡: 0. G) CJ .¡: 0. L: 0) 0)'- 000 0 coJ!? c:- G) ~oo ~ CO CO " G) 1'-100 0 0 ~S: ... >< .2 0> coo 10 C'?« ... CD c: o ... C!:!.NO C'? ... -- u- co. N N co- O)Z CD co co z "õ'0 ~~~ ~ .... a. 000 0 ,,!OO 0 () 1000 co 0 CJ '<too co C'?« !I:I .¡: ~IOC!:!. 0> ... -- >0. N C'? co CDZ :w co Z ct ~~~ ~ 2 ï::: o :ë Ü E ::J '6 o CJ) .... CD "~ ã3 o ..r::: C/) "c .... ::J LL '<t co co C'? , 10 o 10 o o N 0> Q. CD CJ) (¡; ro ° CD ::J o - .c ë 'í:' o !I:I .§.~ ---- C ()- .. E &i () .!:- E ÕI~ () -I.~ () W c W i:» !:: .2 g' < £I::: !I:I'- () o CI EQ.,2 ...10 ~ ::I:o::J() OM 0.(1) ... -... :!:,!1 0 0 ::1,"'-- -()~() OCJCU o .¡: () .¡: (1)0.£1:::0. W o iE 0. ...I < I- o I- ~ CD :0 C'C .2 c.. 0- C'C rn~ E- CD-o I- ~ ... (jj c: u CD CD ~a:: C'C E a. ::J ... -0 O-c: E CD 0-0 ....-0 a.« 0) E ::J Õ > "'0 2 C'C E ~ CD Ig o ··0 0)0 õr--: Z~ c: C'C .... .... ::J Ü c: c: .Q ..r::::== o E - .... 0) ,> ë Q) Q) U 0) "c « C'C 0)- c: ' 'Ci) C/) C'C C/) ..r::: CD U c: .... ... ::J '- a.S: Agenda Item No. 16C7 January 10, 2006 Page 1 of 10 ~ EXECUTIVE SUMMARY Recommendation to approve the South Florida Water Management District Local Governmental Agreement Amendment No. DG040617-A02 extending the original Agreement to partially fund the Manatee Road Four New Potable Water Aquifer Storage and Recovery (ASR) Wells System, Project 70157. OBJECTIVE: To approve and execute Grant Agreement Amendment No.2 from the South Florida Water Management District (SFWMD) to extend the original Agreement to assist in funding an important water capital project that will help ensure Collier County meets future peak water demands through a time extension. CONSIDERATIONS: The public purpose of this project began on November 8, 2002, when the Collier County Public Utilities Division submitted a grant application for the Manatee Road Four New Potable Water ASR Wells project to the Big Cypress Basin under their Cooperative Water Resource Projects Funding Program. On December 5, 2002, the Big Cypress Basin Board recommended the District grant funding for engineering and construction of the first two of four proposed wells in the amount of $1 00,000. ,.,- On October 27, 2003, Public Utilities received the contract Agreements, which required acceptance by the Board, execution by the Chainnan, and return to the SFWMD for final processing. The grant requires matching funds from Collier County. Sufficient funding for this purpose is currently appropriated in the FY 06 budget. The period of perfonnance for this Agreement is three (3) years ITom the project start date set forth in the Agreement on March 30, 2004. On March 30, 2004, the SFWMD received and executed grant Agreement DG040617. This Amendment to the existing grant Agreement document extends the time of the Agreement by 17 months and 2 days to May 31, 2007. This extension is necessary due to the following concurrent delay reasons: 1. During the course of design and pennitting, an environmental survey had to be perfonned. At that time two gopher tortoises were discovered on the site. The pennitting agency required relocation prior to issuance of pennits. During the course of discovery, one of the tortoises was thought to have a lung disease, which delayed the relocation. He was captured and tested negative. This delay accounts for approximately 6 months. 2. The Site Development Plan permitting required a partial redesign to update plans and specifications to meet current Land Development Codes requirements; specifically this was a current site that met the previous code requirements during the past construction. However, when the plans were submitted for the current construction, we were informed that we had to comply ~ with the most recent LDC requirements. This involved design and resubmittal to construct Agenda Item No. 16C7 January 10, 2006 Page 2 of 1 0 -- aesthetic walls on the West and North sides of the property. This delay accounts for approximately 12 months. 3. This project also had to be delayed to await the construction of a potable water supply main under a separate contract that was in turn delayed awaiting final land easements. This delay accounts for approximately 18 months, because the supply line that is necessary to feed these new ASR wells has to be in place prior to the ASR wells coming online. The majority of the delay is awaiting the proper easements to be acquired so that the supply line can be built to feed the new ASR wells. This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. The project supports the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10C on May 25, 2004. The Purchasing Department, the County Attorney's Office, and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary and all the attachments. FISCAL IMPACT: There is no fiscal impact in connection with this Executive Summary. ~ GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact III connection with this action. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, approve, and authorize the Chairman to execute, the SFWMD Grant Agreement Amendment (SFWMD Contract No. DG040617-A02) entitled Manatee Road ASR System Expansion. PREPARED BY: Richard Cannyn, PMP, Project Manager, Public Utilities Engineering Department ,-.. Item Number. Item SumlT\llry: Meeting Date: Agenda Item No. 16C7 January 10, 2.006 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C7 Recommendation to approve the South Flonda Water Management District Local Governmental Agreement Amendment No. DG040617 -A02 extending the original agreement to partially fund the Manatee Road Four New Potable Water Aquifer Storage and Recover (ASR) Wells System, Project 70157 1/10/200690000 AM Project Manager Da'" Prepared By Richard Canny" pubHt Utilitìes Public; Utilities E.ngineering 12t16t200fi 2:57:35 PM William D. Mullin, PE Princil)ftl project Manager D.'" Approved By Public Utilities Engineering 12'16/2.0054:33 PM A pproved By Purchasing Agent D." Public: Utilities LV" Wood Purcha.sing 12l19/2005 8,01 AM Approved By Water Director Da1e Administrative Services Paul Mattausch Water 12119/20058,47 AM Steve Camell PUfcl1uing/Genera! Svcs Director Date Public utilities Approved By Purchasing 12119/20059,28 AM Roy B. Anderson, P.E. Public UtìlittoS Engineering Director D.", Administrative Services Approved By Public Utilities El1gineering 12./19/20052:12 PM Thomas Wides Operations Director Date Public Uülitíe$ Approved By Public utilJties Operations 12120120051,02 PM A pproved By Pubhc Utilities Administrator Date Public utilities James W. DeLany Public Utilities Administration 12120120052,56 PM OMS Coordinator Administrative ASfiistant Da'" Public. Utilities Approved By Office of Management & Budget 12/21/200510,18 AM Approved By Senior Management/Budget A.nalyst Date County Manager's Office Susan Usher County Manager's Off1ce Office 01 Management & Budget 12128/200512,41 PM Approved By c.ounty Manager Date James V. Mudd Board of County Commissioners County ManAger'9 Offîce 12129/20056:20 PM SOUTH FWRIDA WATER MANAGEMENT DISTRICT Agenda Item No. 16C7 January 10, 2006 Page 4 of 10 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686oBBOO . FL WATS 1-BOO-432-2045 . TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov r.James DeJony oilier County Water/Sewer District 3 01 E Tamiami Trail Idg. H aples. FL 34112 o <:..r; o :r: C) t:' ':.'-) <:::0 '::2C ~'-~': . t -~/~~; ~~: .:.:: ..'1:.:: ; ---~,._,~. CJl -0 ~. ,.-"'-: ." . ~ , , ~, -- w. ~~>j¡jj wi "III Contract # DG040617 -A02 MANATEE ROAD ASR SYSTEM EXPANSION N -..J ease find enclosed two (2) copies of the subject document. Please have them signed b an individual with signature authority on behalf of your organization. Please include d cumentation to demonstrate official delegation of signature authority up to the c ntract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, "'&- 1r ernadette Harrison Contract Specialist Procurement Department bharriso@sfwmd.gov (561) 682-6378 FAX: (561) 681-6275 BH Ism Enclosure c: Kent Feng, MSC 7512 GOVERNING BOARD EXECUTIVE OFFICE Kevin McCarty, Clu>iT Irela M. Bagué, Vice-Chair Pamela Brooks-Thomas Alice J. Carlson Michael Collins Nicolás J. Gutiérrez, Jr., Esq. Lennart E. Lindahl, r,E. Harkley R. Thornton Malcolm S. Wade, Jr. Carol Ann Weh1e, Executive Director .~ .. .~ 'r ORI~~~~NO.16C7 I U'j1 ry 10, 2006 ge 5 of 10 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT DG040617-A02 AMENDMENT NO. 02 TO AGREEMENT NO. DG040617 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY This AMENDMENT NO. 02, entered into on ' to that AGREEMENT dated March 30, 2004, as amended on December 20, 2004, between "the Parties," the South Florida Water Management District (DISTRICT) and Collier County (ENTITY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the Parties; and WHEREAS, the Parties wish to amend the AGREEMENT in order to extend the period of performance and revise the Summary Schedule of Tasks and De1iverables; NOW THEREFORE, the DISTRICT and the ENTITY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The term of the AGREEMENT is hereby extended by seventeen (17) months and two (2) days, and the expiration date, as amended, is May 31, 2007. This AMENDMENT NO. 02 shall be effective upon the date of execution by the parties. 2. This AMENDMENT NO. 02 shall be at no additional cost to the DISTRICT. 3. The Summary Schedule of Tasks and De1iverables is hereby revised to include Exhibit "D2", attached hereto and made a part of this AMENDMENT NO.2. 4. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. Amendment No. 02 to Agreement No. DG040617 -- Page 1 of 2 · 'y' ... I ø Agenda Item No. 16C7 January 10, 2006 Page 6 of 10 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 02 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT øt: Frank Hayden, Procurement Director SFWMD PROCUREMENT APPROVED B}" fkÁ/1J>~ ~,µ Date: 1~/a./0..5 / I COLLIER COUNTY By: Title: Date: Amendment No. 02 to Agreement No. DG040617 -- Page 2 of 2 _ ".m____, ._._ , , ..' . 1.~. '. .' , Agenda Item No. 16C7 January 10, 2006 Page 7 of 10 EXHIBIT "D2" SUMMARY SCHEDULE OF TASKS AND DELlVERABLES · A summary deliverable schedule associated with this project is set forth below. · All deliverables submitted hereunder are subject to review by the District. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in both written and electronic four-digit format. · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $100.000.00. All payments are subject to District fiscal year appropriations. 1 Construction of Manatee Road ASR System E ansion May 31,2007 $100,000.00 $100,000.00 Total Exhibit "02" to Agreement No. DG040617-A02. Page 1 of 1 " OR ~lcw ~t;co, 16C7 IlJ '1\9 10, 2006 p 8 of 1 0 . SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT DG040617-A02 AMENDMENT NO. 02 TO AGREEMENT NO. DG040617 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY This AMENDMENT NO. 02, entered into on , to that AGREEMENT dated March 30, 2004, as amended on December 20, 2004, between "the Parties," the South Florida Water Management District (DISTRICT) and Collier County (ENTITY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the Parties; and WHEREAS, the Parties wish to amend the AGREEMENT in order to extend the period ofperfonnance and revise the Summary Schedule of Tasks and Deliverables; NOW THEREFORE, the DISTRICT and the ENTITY, in consideration of the mutual benefits flowing rrom each to the other, do hereby agree as follows: 1. The tenn of the AGREEMENT is hereby extended by seventeen (17) months and two (2) days, and the expiration date, as amended, is May 31, 2007. This AMENDMENT NO. 02 shall be effective upon the date of execution by the parties. 2. This AMENDMENT NO. 02 shall be at no additional cost to the DISTRICT. 3. The Summary Schedule of Tasks and Deliverables is hereby revised to include Exhibit "D2", attached hereto and made a part of this AMENDMENT NO.2. 4. All other tenns and conditions of the AGREEMENT, as amended, remain unchanged. Amendment No. 02 to Agreement No. DG040617 - Page I of 2 .. Agenda Item No. 16C7 January 10, 2006 Page 9 of 10 -B SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 02 on the date first written above. SOUTH FfORlDA WATER MANAGEMENT DISTRICT ~y: Frank Hayden, Procurement Director SFWMD PROCUREMENT APPROVED By: ~A/Ld.A1J;Ñ;;Ik.AÅ.Æ4~ Date:' 1t9.)di?/ ¡;J,ç COLLIER COUNTY By: Title: Date: Amendment No. 02 to Agreement No. DG040617 -- Page 2 of 2 -,..~-""-",,,..-^ · - . Agenda Item No. 16C7 January 10, 2006 Page 10 of 10 EXHIBIT "D2" SUMMARY SCHEDULE OF TASKS AND DELlVERABLES · A summary deliverable schedule associated with this project is set forth below. · All deliverables submitted hereunder are subject to review by the District. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in both written and electronic four-digit format. · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $100.000.00. All payments are subject to District fiscal year appropriations. Construction of Manatee Road ASR System Ex ansion May 31, 2007 $100,000.00 Total $100,000.00 Exhibit "D2" to Agreement No. DG040617 -AD2, Page 1 of 1 Agenda Item No. 16C8 January 10, 2006 Page 1 of 2 ,- EXECUTIVE SUMMARY Recommendation to rescind the bid award 05-3894 in the Amount of $3,171,636 to Douglas N. Higgins, Inc., for the construction of the Potable Water Main and Landscaping Improvements along U S 41 Project 71059. OBJECTIVE: To obtain approval to rescind the bid award 05-3894 to Douglas N. Higgins Inc., for the construction of a 16" water main on US 41 from Rattlesnake Hammock Road to Barefoot Williams Road in the amount of $3,171,636. The public purpose is to replace the existing failing water main and to ensure safe, reliable potable water for the residents. CONSIDERATIONS: On June 28, 2005, under the agenda item 10J the Board authorized the design and construction of this water main. On November 1, 2005, under agenda item 10 J the Board of County Commissioners awarded the construction bid to Douglas N. Higgins. This bid was awarded contingent on Collier County obtaining the FDOT right of way permit. ,,--' Staff and FDOT officials met on several occasions and agreed upon a revised design that is acceptable to all parties. This redesign will require the pipe line to be directional drilled instead of open cut through the pavement at all the median breaks. Directional drill is not a feasible method of construction for the section of 1500 feet of water main from Rattlesnake Hammock Road to the bridge at station 15+00. Therefore, this section will be eliminated from the limits of construction. Further it is possible that directional drill sub contractor may not be able to perform the work dwi.ng the night time. These are significant changes that staff recommends re-bidding the construction of this water main. The Purchasing Department and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary. FISCAL IMPACT: This project was approved by the Board in the FY06 budget on September 22, 2005. This request has no fiscal impact and will be addressed in a future request for award. GROWTH MANAGEMENT IMP ACT: The request has no impact on the project meeting current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District rescind the bid award 05- 3894 in the amount of $3,171,636 to Douglas N. Higgins Inc., for the construction of the potable water main. ~ Prepared By: Shanthi Sridhar, Project Manager, Public Utilities Engineering Department. Item Number: Item Summary: Meeting Date: Agenda Item No. 16CB January 10, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C8 Recommendation to rescind Ihe bid award 05-3894 in the Amount of $3, 171 ,636 to Douglas N. Higgins, Inc for the construction of the Potable Water Main and Landscaping lmprovements along U,S, 41 Project 71059 1110120069:00:00 AM Project Managor Date Prepared By Shanth¡ Sridhar Public Utilities Engineoring 12114120055:05:11 PM Mìke Hauer Ac.quisí1ion Manager Dat. Public Utilittes Approved By Administrative Services Purchasíng 12115/20058:15 AM William D. Mullin. PE Principal Project Manager Date Approved By Public Utilìtìes Public Utilities Engineering 12J151200611:02 AM Steve Carnell PurchaStng!General SVC$ Director Date Approved By Administratìve Services Purchasing 121151200512:14 PM Roy B. Anderson, P.E. Public Utilitíes Engineering Director Date Approved By Public Utilities publìc Utilities: Engineering 12/15/2006 2:39 PM Pa~la Libby Water Operations Manager Date Approved By Public Utilities Water 12116/20053:00 PM Paul Mettausch Water Director Date Approved By Public Utilitie5 Water 12115/20054:36 PM Thomas Wjdes Operations Director Date Approved By Public Utilities Public Utilities Operations 12116/20059:10 PM Approved By Public Utilities Administrator Date James W. Delany Publìc Utilities Public: Utilities Admif\istrahon 12116120052:16 PM OMB Coordinator Administrative Assistant Date A pproved By County Manager's Office Office of Management & Budget 12119/20053:05 PM Susan Usher Senior Management/Budget Analyst Date Approved By County Manager's Office Office of Mani!lgmne:nt & Budget 12121/20061,38 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 12/21/20054;49 PM Approved By County Manager Dat. James V. Mudd Board of County Commissioners County Manager's Office 12/28/2005 Z; 27 PM Agenda Item No. 16C9 January 10, 2006 Page 1 of 4 ~. Executive Summary Recommendation to approve a modification to Purchase Order 4500041201 in the amount of $ 4,146,000.00 for professional services being performed under Contract 04-3673 with Carollo Engineers for design of the Northeast Regional Water Treatment Plant and Water Reclamation Facility, Project Numbers 70902 and 73156. OBJECTIVE: The public purpose is to provide water treatment and supply and wastewater treatment facilities to meet demand in the northeast region of the county and stay in compliance with regulatory requirements. This item relates to the design of those facilities. ~. CONSIDERATION: The 2003 Wastewater and Water Master Plan Updates approved by the Board of County Commissioners on May 25, 2004 as Agenda Items 10 (C) and 10 (D) respectively, includes projects for the study, design, and construction of a new Water Treatment Plant and Water Reclamation Facility to replace the existing Orangetree plants and serve potential new customers in the northeast region of the County. Subsequently, on December 14, 2004 as Agenda Item 10 (E), the Board of County Commissioners approved Contract 04-3673 with Carollo Engineers in the total amount of $11,725,020.00 for professional services related to the Northeast Regional Water Reclamation Facility (NERWRF) and the Northeast Regional Water Treatment Plant (NERWTP). The total amount of the Agreement was approved with the stipulation that authorization to proceed with the services contained in the Agreement be phased on the basis of Board approval of funds necessary for each fiscal year during the duration of the Agreement. Funds in the amount of $3,249,000.00 were authorized during FY 05 and obligated under Purchase Order 4500041201. Subsequently, on November 16, 2005, as Agenda Item lOG, the Board of County Commissioners approved Amendment No.2 to Contract 04-3673 in the amount of $1,144,432.00, bringing the total contract amount to $12,869,452,00. Based upon cash flow projections, funds in the amount of $4,146,000.00 will be necessary to perform services under this contract during FY 06. Therefore, it is requested that Purchase Order 4500041201 be modified in the amount of $4,146,000.00 to provide sufficient funds for perfonTIance of services during FY 06. Should additional services be required during FY 06, staff will approve or obtain Board approval to amend the contract and/or budget in accordance with the Board's purchasing and/or budget amendment policies. All services performed in subsequent fiscal years will be authorized through the adoption of the annual budget each year. ,-.- In light of the Board's approval of the contract on December 14, 2004 in the amount of $11,725,020.00, approval of the FY 06 budget for this project on September 22, 2005 in the amount of $13,764,800.00 for FY 06 and subsequent approval of the change order adding $1,144,432.00 on November 16, 2005, Staff is of the opinion that adequate Agenda Item No. 16C9 January 10, 2006 Page 2 of 4 -..........-. direction to proceed has been provided by the Board. In discussion with the Clerk of Courts, Staff understands that the Clerk is of the opinion that the wording of the original executive summary limited spending authority to $3,249,000.00 for fiscal year 2005 and that any spending in FY 06 requires additional Board approval. In order to ensure timely and complete payment to the vendor, staff has complied with this request from the Clerk of Courts. FISCAL IMPACT: The total cost associated with this transaction is $4,146,000.00. Funding is available in and is consistent with the FY 06 capital budget approved by the Board of County Commissioners on September 22, 2005. Current appropriations are identified in the Water Impact Fee Fund (411), Northeast WTP Project (70902) and the Wastewater Impact Fee Fund (413), Northeast WRF Project (73156). The source of funds is Water and Wastewater Impact Fees. GROWTH MANAGEMENT IMP ACT: This project is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: ,,-- 1. Approve a modification to Purchase Order 4500041201 in the amount of $4,146,000.00 for services to be performed by Carollo Engineers during FY 06 under Contract 04-3673. 2. Confirm that the balance of services as contemplated under the current approved contract amount of $12,869,452.00 will be authorized as a result of the budget approval by the Board for each fiscal year hereafter. PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering Department. "..- ,. Item Number: 'tem Sum1'nllry: Meeting Date: Agenda Item No. 16C9 January 10, 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C9 Recommendation to approve a modification to Purchase Order 4500041201 in the amount of $4,146,000.00 for professional services being performed under Contract 04-36ï3 with Carollo Engìneers for design of the Northeast Regional Water T rea1ment Plant and Water Reclamation Facility, Project Numbers 70902 and 73156 1/10/20069:0000 AM Senìor Project Manager Date Prepared By Harry Huber Public Utilities Engineering 12/12/20052:37:53 PM William D. Mullin, PE Principal Project Manager Date PUblic utilities Approved By Public Utilities Engineering 12/15/20055:07 PM Paul Matlélusch Water Director Da" Public Utilities Approved By Water 12/16/20058:19 AM Thomas Wídes Operations Director D." Public Utilities Approved By Public Utilities Operations 12J16/2005 9:06 AM Steve Carnell purchasing/Gene-rill $VGS Dìrector Date Public Utilities Approved By Purchasing 12/16/200510:29 AM G. George Yilmaz Interim WasteWater Dírec;tor Date Administrative Servìceti Approved By WasteWater 12/16/200510037 AM Roy B. Anderson, P.E. PutJlic Utilittet. Engineering Director Date Public Utilities Approved By Public UtUlties Engïneenng 12!16/20051:34 PM Approved By Public Utilities Administrator Da'" Public Utitities James W. Delony Public. Utìlities Publíc. Utilities Administration 12/16/20052:13 PM OMB Coordinator Administrative Assistant Da" Approved By County Managers Office Office of Management & Budget 12/19120053:03 PM Susan Usher Dat. Approved By county Manager's Office Senior ManagementlBudget Analyst Office of Management & Budget 12/21120052:22 PM Michael Smykowski Management &. Budget Director Dat. Approved By County Manager's Office Office of Management & Budget 12121120054:43 PM Approved By County Manager Dat. James V. Mudd Board of County Commissioners County Manager's Office 12J27/2005 4:55 PM OH.C> "<j- Ue:>- (DOC .,....N"<j- OÓO) Z"'- g> E C:-o... O)eti -::;¡ -c: etieti "0' c: 0) OJ <:( N III o:r r1I~ \Ø CO ~ N~ ~ " 0 .. V·· 1fT 111- .. '" 0: '0: æ 0: .6> 0: w ;.", ~ ~ f,,1~~, Agenda Item No. 16D1 January 10,2006 Page 1 of 3 -- RECOMMENDATION TO APPROVE A RESOLUTION DESIGNATING FEBRUARY 2006 AS DOMESTIC ANIMAL SERVICES SENIOR APPRECIATION MONTH AND PROVIDING SENIOR CITIZENS A $10,00 DISCOUNT FOR THE ADOPTION OF DOGS AND CATS DURING FEBRUARY. OBJECTIVE: Board authorization to designate February 2006 as Domestic Animal Services Senior Appreciation Month along with authorization to provide a $10.00 discount to senior citizens for the adoption of dogs and cats during February 2006. CONSIDERATIONS: Recognizing the important contribution of senior citizens to our community, the Public Services Division has designated February 2006 as Senior Appreciation Month. Through the combined efforts of its departments including Parks & Recreation, Extension Services, Museum, Library, Domestic Animal Services, and Human Services as well as the Collier County Health Department, the Public Services Division will be focusing on outreach programs for senior citizens including the planning and implementation of Collier County's Senior Expo Event to be held on February 8, 2006. As part of Domestic Animal Services' commitment to participate in this event and recognize our senior citizens, the Department is offering a $10.00 discount to senior citizens 55 years of age and over who adopt dogs or cats during February 2006. ,-. FISCAL IMPACT: County Ordinance Chapter 14, Article II, Section 14-33, (a)(3 & 4) provides for an adoption fee of $20.00 for dogs and cats. The total adoption cost is $58.00 for dogs and $48.00 for cats which includes the spay/neuter fee and license fee. Approval of the proposed resolution will result in a $10.00 discount to the total adoption cost of dogs and cats for anyone 55 years of age and over who adopts a dog or cat during February 2006. Staff estimates that the resulting increase in the number of pet adoptions by senior citizens will add approximately $2,000.00 to revenues. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt and execute a resolution designating February 2006 as Domestic Animal Services Senior Appreciation Month and providing for a discount of $10.00 to senior citizens 55 years of age and over for the total adoption costs of dogs and cats during February 2006. PREPARED BY: Margo Castorena, Domestic Animal Services Director ,,-- Agenda Item No. 16D1 January 10, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summa ry: 16D1 Meeting Dlte: Recommendation to approve a Resolution Designating the Month of February as Domestic Animal Services Senior Apprec.iation Month and providing for a Fee Reduction to Senior Citizens in the Amount of $10 for the Adoption of Dogs and Cats During thai Month. 1/10120069:0000 AM Approved By Margo Castorena Director Date Public Services Domestic Animal Services 12121/20059:09 AM A pproved By Marla Ramsey Public Services Administrator DI" Public Services Publìc Services Admin. 12/26/20055:15 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Offic.e Office of Management & Budget 12125120054:03 PM Approved By James V. Mudd Soard of County Commissioners County Manager Date County Manager's Office 12í30/2005 1:19 PM RESOLUTION NO. 2006 - A RESOLUTION DESIGNATING FEBRUARY 2006 AS DOMESTIC ANIMAL SERVICES SENIOR APPRECIATION MONTH AND PROVIDING FOR A $10.00 DISCOUNT FOR THE ADOPTION OF DOGS AND CATS DURING FEBRUARY. WHEREAS, recognizing the significant and vital contribution that our senior citizens make to this community, the Public Services Division has designated February 2006 as Senior Appreciation month; and WHEREAS, through the combined efforts of Its departments including Parks & Recreation, Extension Services, Museum, Library, Domèštic Animal Services, and Human Services as well as that of the Collier County Health Department, the Public Services Division wiU be focusing on outreach programs for senior citizens, including the planning and implementation of Collier County's Senior Expo Event to be held on February 8, 2006; and WHEREAS, as part 01 Domestic Animal Services' commitment to participate in this event and recognize our senior citizens, the Department is offering a $10.00 discount to senior citizens 55 years 01 age and over who adop1 dogs or cats during February 2006; and WHEREAS, pursuant to County Ordinance Chapter 14, Article II, Section 14-33, (a)(3 & 4), the adoption fee for dogs and cats is $20.00, The total adoption cost of $58.00 ·for dogs and $48.00 for cats, which includes the spay/neuter fee and license fee, will be discounted by $10.00 during February 2006. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that February 2006 is designated as Domestic Animal Services SenIor Appreciation Month. BE IT FURTHER RESOLVED, that in keeping with this designation, Domestic Animal Services will offer a $10.00 discount of the established fees for adopting dogs and cats during February 2006. This Resolution adopted this day of , 2006, after motion, second and majority vote. ATTEST: DWJGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN Approved as to form and legal sufficiency: ~VYJ ø1fJ~.~ Colleen M. Greéf¡e Assistant County Attomey Agenda Item No. 1601 January 10, 2006 Page 3 of 3 Agenda Item No. 16D2 January 10, 2006 Page 1 of 23 -- EXECUTIVE SUMMARY Recommendation to approve a Resolution authorizing the after-the-fact submittal of a Community Development Block Grant for expansion of the Physician Led Access Network of Collier County Projection the amount of $85,000 OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit a Community Development Block Grant for expansion of the Physician Led Access Network of Collier County Project in the amount of $85,000. ~ CONSIDERATIONS: The Florida Health Insurance Study published November 2004 revealed 24.4% of individuals residing in southwest Florida were underinsured or uninsured. Furthennore, this study revealed that employment status is a critical factor related to health insurance coverage with 48.1 % of those who are unemployed lacking coverage. The Physician Led Access Network (PLAN) established by the leadership of the Collier County Medical Society developed a model, in collaboration with health care partners throughout Collier County, which provides for the uninsured and medically needy of the community. This model uses physician volunteers who have agreed to donate their services for individuals who are not served by other providers of health care in the community. Since its inception, PLAN has served 582 clients at $1,000,000 worth of free specialty, lab testing, inpatient, and outpatient services. The PLAN Patient Care Coordinator is an employee of the Collier County Human Services Department whose position is funded for FY 06 from Community Development Block Grant funds to provide 80 free patient encounters/visits. This individual provides linkages to individuals who are deemed eligible for services with the volunteer physicians. The Coordinator works closely with the Executive Director of PLAN who provides for recruitment of volunteer physicians as well as developing recognition for those doctors who have agreed to participate and provide care to individuals without health insurance. This proposal seeks to expand the services provided by the Patient Care Coordinator to reflect an additional 110 encounters/patient visits for the FY 07 budget cycle. Since the deadline was January 4, 2006 and there was only one Board of County Commissioners during December, it was not possible to submit the application for approval by the BCC prior to the deadline. Therefore, approval was provided by the County Manager to be followed by after-the-fact approval by the Board of County Commissioners. Collier County CMA #5330 authorizes the County Manager to approve the submittal of grant applications with subsequent Board of County Commissioners action at the next available Board meeting to ratify the approval as "after-the-fact." r- Agenda Item No. 1602 January 10, 2006 Page 2 of 23 e- FISCAL IMPACT: The grant request is $85,000, with a county match of $25,000. These matching funds would be identified through existing funding associated with the Human Services Department. GROWTH MANAGEMENT IMP ACT: There is no growth management impact by this application. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve a Resolution authorizing the after-the-fact submittal of a Community Development Block Grant for expansion of the Physician Led Access Network of Collier County Project in the amount of $85,000. PREPARED BY: Barry Williams, Director, Human Services ,-- ,-- Agenda Item No. 16D2 January 10. 2006 Page 3 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. Item Summary: 1602 Meeting Date: Recommendation to approve a Resolution authorizìng tha after~the~tact submit1al of a Community Development Block Grant for expansion of the Physician led Access Network of Collier County Project in the amount of $85,000 1110/20069:00:00 AM Prepared By Barry Williltms Human Services Director Date Public Services Human Services , 2/27/2005 1 :03:54 PM Approved By Barry Williams Human Services Director [)ate Public Services Human Services 12/28/200510:43 AM Approved By Marlene J, Foord Grants Coordinatol' Date Administrativo ServIces Administrative Services Admin. 12/28/2005 ~:32 PM A pproved By Marta Ramsey Public Services. Administrator Dat. Pubtic Services Public Services Admin, 12J29/2005 1 :09 PM Approved By Susan Usher Senior Mao.a.gementfBudget Analyst Date County Manager's Office Office of Management & Budget 12/29/2005 5:21 PM Approved By James V. Mudd Board of County commìssioners County Manager Dat. County Manager's Office 12/30/20059:25 AM ~ Administrative Services Division Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 marlen efoord(@,collien!ov.net (239) 774-8971 (239) 774-8720 (fax) Agenda Item No. 1602 January 10, 2006 Page 4 of 23 TO: Jim Mudd, County Manager Applications Reviewed and Approved by County Manager, or designee for submittal: CC: Barry Williams, Director, Human Services County Manager (date) FROM: Marlene F oord, Grants Coordinator DATE: December 29, 2005 After-the-Fact Approval by the BCC is required at the January 10, 2006 BCC meeting. SUBJECT: County Manager Approval of a Community Development The 2006/2007 grant cycle for Community Development Block Grant funding was announced November 15, 2005 and application workshops were held at the end of November. The Human Services Department would like to submit an application to expand the Physician Led Access Network of Collier County Project. The initial project was funded by CDBG funding last year and this new application is to expand upon what was started with those funds. Since the deadline is January 4, 2006 and there was only one Board of County Commissioners during December, it was not possible to submit the application for approval by the BCC prior to the deadline. Therefore, your approval and signature is requested to be followed by after-the-fact approval of the Board of County Commissioners during the January 10th meeting. Approval by the BCC in January will also involve approval of a Resolution authorizing submittal. Staff has verified with staff of the Operational Support & Housing Department that submittal of this signed Resolution will be permitted during the Applicant Cure Period after the application deadline. Once you have reviewed the applications, please sign and date in the box above and call me at 774-8971 for pickup. Thank you. Please let me know if you have any questions. Agenda Item No. 16D2 January 10, 2006 Page 5 of 23 COLLIER COUNTY OPERATIONAL SUPPORT AND HOUSING FUNDING APPLICATION Organization/Agency: Collier County Government, Human Services Department Organization Mailing Address: 3301 Tamiami Trail, East; Building H, Room 211; Naples, FL 34112 Physical Address, if different: N/ A Phone:(239) 774-8154 Fax: (239) 732-2638 Email Address:BarryWilliams@colliergov.net Contact Person/Title: Candice Franco, Case Management Supervisor Email Address:BarryWilliams@colliergov.net Phone: (239) 774-8440 Years Organization in Operation: 55 Federal Tax ID #: 59-6000558 1. Is your organization a private non-profit with SOl(c) (3) Status? DYes [glno 2. If your organization or agency is faith based, please identify national or state affiliation and provide your mission statement. Please state the primary activities currently provided by your organization. All faith-based organizations must complete and attach Acknowledgement of Religious Organization Requirements. N/A 3. Explain how your organization has the capacity to carry out this activity (i.e. Staff qualifications and years of experience related to this type of activity, etc) The Collier County Human Services Department has been in existence for the past 55 years. The Department has participated in a variety of grant projects through its history. Most notably, the Department receives and administers Older American Act funds as well as state funds for services for the elderly in the county. The Department has always received high marks from monitoring organizations regarding our ability to manage grants both Federal and State. In 2002, 2003, and 2004, the Department received Community Development Grant Funding for the Rural Prescription Medication program and for participating in the Homeless Management Information System. During this time period, these programs were Agenda Item No. 16D2 January 10, 2006 Page 6 of 23 conducted in a professional manner and no discrepancies were found in the administration of these programs from auditors assigned to our project. The Collier County Human Services Department is part of Collier County Government, an un-incorporated, non-charter county, a political subdivision of the State of Florida. There are no county "by-laws" as such and the County is governed by the Florida Constitution, State Statutes, Code of Laws and Ordinances of Collier County. These services include public utilities, transportation services, community development activities, and essential public services. The Human Services Department is part of the Public Services Division and includes the foIJowing departments: Agricultural Extension Services, Domestic Animal Services, Emergency Medical Services, Library Department, Museum Department, Veterans' Services Department, and the Department of Health. Services provided by the Human Services Department include social service assistance for individuals experiencing a medical crisis, services for seniors case management services that assist frail seniors remaining independent, RSVP, a program utilizing senior volunteers in the community, and information and referral services to human services within Collier County. The Human Services Department provides assistance to over 29,200 individuals annuaIJy and has approximately 1000 volunteers providing service to the community. Last year the Human Services Department provided over 15,000 referrals to Human Service agencies within southwest Florida. 4. List recent agency accomplishments: Awarded Older American Act and Community Care for the Elderly funding to provide case management services for seniors within Collier County; formed partnership with local Federal Qualified Health Center to establish primary care clinic for low and moderate income individuals; formed partnership with local hunger and homeless coalition to establish network of homeless information management system; formed partnership with healthcare coalition to establish network of providers to provide volunteer health care to low and moderate income individuals; formed partnership with Department of Agency for Health Care Administration for participation with upper payment limit program; formed partnership to provide "Get Help" clinic for annual homeless count within Collier County; formed partnership with Emergency Management to provide for human services planning pre and post recovery from Hurricane Wilma. 5. Define your agency's mission statement, vision or purpose. If agency has a strategic plan please attach a copy. Please see Attachment 2 Agenda Item No. 1602 January 10, 2006 Page 7 of 23 AGENCY ORGANIZATIONAL INFORMATION 6. Agency has annual Board orientation and training policy? ¡:gyes Dno 7. Agency has written personnel policies? l2:?Jyes Dno 8. Agency has a written operating procedures manual? ¡:gyes Dno 9. Agency plans to participate in the Continuum of Care Homeless Management Infonnation System (HMIS) process ¡:gyes Dno On/a *** IfN/A or NO, please explain briefly. N/A AGENCY FINACIAL INFORMATION Agency maintains the following records: 19. Property Control Policy and Records ¡:gyesDno ¡:gyes Dno ¡:gyesDno ¡:gyes Dno ¡:gyesDno ~yesDno ~yesDno ~yes Dno ~yesDno ~yes Dno 10. Cash Receipts Journal 11. Cash Disbursements Journal 12. General Ledger 13. Charts of Accounts 14. Payroll Journal and Individual Payroll Records 15. Individual Personnel Files 16. Written Procurement Procedures 17. Capital Inventory 18. Written Travel Policy 3 "-"......_..-~-~. Agenda Item No. 1602 January 10, 2006 Page 8 of 23 To the best of my knowledge and belief, data in this proposal are true and correct. I have been duly authorized to apply for this funding on behalf of this agency. I understand that this grant funding is conditioned upon compliance with Federal CDBG and/or HOME regulations. I grant Collier County access, with notice, to review agency records, make site visit(s), and make other inquiries related to this application. Name: James V. Mudd Signature: Title: County Manager Date Signed: 4 Agenda Item No. 1602 January 10, 2006 Page 9 of 23 PROJECT INFORMATION Project Name: Physician Led Access Network of Collier County Expansion Project Brief Description of Project: Will provide expansion of PLAN of Collier County to include provision of pharmaceuticals to assist individuals, who are in need of healthcare and are returning to self-sufficiency. Type of Funding Requested: IZICDBG DHOME Amount of Funding Requested: $85,000 Total Project Cost: $140,000 PROJECT DESCRIPTION Check the appropriate box: DHousing Development DEconomic Development DPublic Improvement IZIPublic Service DOther Housing-Check the activity to be undertaken o Land Acquisition o Housing Infrastructure o Housing Construction o Tenant Based Rental Assistance (TBRA) o Housing Rehabilitation o Other: describe Public Improvement-Check the activity to be undertaken o Construction of Facility/Facilities o Construction of Infrastructure o Beautification o Other: describe Economic Development- Check the activity to be undertaken o Commercial or Industrial Improvements o Technical Assistance o Job Creation o Other: describe 5 Agenda Item No. 16D2 January 10, 2006 Page 10 of 23 Public Service- ~ Describe: Expansion of PLAN of Collier County, which serves individuals at 101 %-200% of Federal Poverty Guidelines. This program solicits the assistance of volunteer physicians who agree to see individuals requiring health care in their respective offices. Physicians agree to see a select number of individuals. Laboratory tests, specialty services, inpatient hospitalization are also obtained for free by this network of participating health care providers in Collier County. The patient care coordinator determines eligibility of patients requiring health care and connects them with the volunteer services that are provided. Each encounter is tracked according to cost of services provided by the volunteer physician/service. This expansion would also include a component to assist individuals served to obtain pharmaceuticals prescribed by volunteer physicians. In addition, patients are followed up to determine their compliance with physician services/treatment and successful transition to self-sufficiency. 1. Provide a summary of the proposed activity. Include a description of the problem, your proposed solution and expected results. Describe the proposed activity in detail, including specific geographic location area if applicable. Include map if site specific. The Florida Health Insurance Study published November 2004 revealed 24.4% of individuals residing in southwest Florida were underinsured or uninsured. Furthermore, this study revealed that employment status is a critical factor related to health insurance coverage with 48.1 % of those who are unemployed lacking coverage. The Physician Led Access Network (PLAN) established by the leadership of the Collier County Medical Society developed, in collaboration with health care partners throughout Collier County, a model to provide for the uninsured and medically needy of the community. This model uses physician volunteers who have agreed to donate their services for individuals who are not served by other providers of health care in the communtiy. The PLAN Patient Care Coordinator provides linkages to individuals who are deemed eligible for services with the volunteer physicians. The Coordinator is an employee of Collier County Government, Human Services Department. The Coordinator works closely with the Executive Director of PLAN. The responsibilities of the Executive Director include recruitment of volunteer physicians, developing recognition for those doctors who have agreed to participate and provide care to individuals without health insurance, and establishing opportunties for the network of providers. This proposal seeks to expand the services provided by the Patient Care Coordinator to reflect an additional 110 encounters/patient visits, Since its inception approximately, the program has successfully provided for approximately 6 Agenda Item No. 16D2 January 10, 2006 Page 11 of 23 582 encounters, it is anticipated that continued growth of the program would allow for more individuals within Collier County to be served by this program. 2. Who will be served and/or benefit from this activity? What are your objectives? Be specific. Identify the number and type of housing units created, individuals served, jobs created, etc. (Performance Outcome Measurements) Individuals who meet HUD income eligibility and are low and moderate income are served by PLAN. These individuals are assisted with primary and specialty medical care in order to return to levels of self-sufficiency. An additional number of 110 encounters/patient visits will be served by this program with pharmaceuticals provided and the following performance outcome measurements will be achieved: 110 new encounters/patient visits will be served through program. 3. Explain how this activity will improve the Community; meet a national objective and/or Consolidated Plan goal. This program will directly benefit HUD income eligible individuals who are low or moderate income and lack health insurance. This lack of affordable health insurance causes gaps in access for low and moderate income individuals in obtaining medical care, thus threatening the health and welfare of individuals within the community. In addition, many of the individuals served through this program are able to expand current economic opportuntities by gaining access to health care. Individuals served through this program are employed and are often unable to continue to work due to medical illnness/issues. By eliminating the barriers to health care this program will ensure appropriate medical treatment is provided and that individuals are able to return to previous levels of employment. 4. Is the proposed activity a new service? 0 Yes [gJNo 5. Is the proposed activity expanding an existing service? [gJYes DNo 6. Is the proposed activity part of a phased project? DYes [gJNo If yes, please describe the phases and include a timeline of the entire project: MILESTONE/TASK START DATE DATE COMPLETED N/A 7. Has work begun on any part of this project? If yes, please describe. DYes [8JNo N/A 8. Explain why CDBG funds are needed for this Activity. 7 ~..~~»._-"...,"-^ Agenda Item No. 1602 January 10, 2006 Page 12 of 23 It is estimated that PLAN of Collier County will provide $400,000 in volunteer services in calendar year 2006 provided by its consortium of partners, For the purpose of this proposal, $30,000 will be provided to HUD eligible low and moderate income individuals. Funding previously made available by CDBG has established a system of providing funding to assist this population in accessing health care. As start up of this program is established, sustainability of programming will be sought from the local level. Additional funding to assist in the expansion of this model will further assist in gathering necessary data of success to approach local government for approval of funding for the program. In addition, the CDBG criteria for funding follows the elements of the project. Expanding economic opportunities by assisting low to moderate income individuals in obtaining health care empowers individuals with opportunties to maintain self- sufficiency in the community. 9. Will a fee be charged to the users of this activity? If yes, attach fee structure or explain here: DYes ~No N/A 10. List any MBE/WBE (minority business enterprises/women business enterprises) or DBE (disadvantaged business enterprises) expected to be utilized in this activity. N/A 11. Identify the number of persons and their income levels that will be served by this activity. For Public Service projects, estimate the number and characteristics of new or expanded areas to be served or maintained. Low and moderate-income individuals will be served for a total of 110 encounters. 12. Total number of persons to benefit directly ITom this activity: # persons 75 served each Dmonth or ~year How will applicantslbeneficiaries be deemed eligible for this activity? Criteria consistent with HUD eligibility for low and moderate-income individuals will be used. The Human Services Department currently determines eligibility through the following means: I:J A personal interview is scheduled prior to the rendering of assistance. I:J In order to receive support, the resident must not be eligible for any other assistance program. 8 Agenda Item No. 1602 January 10, 2006 Page 13 of 23 CJ Cosmetic and elective surgeries are not covered. CJ A family unit is defined as one or more persons residing together in the same household, whose needs, income and assets are included in the household budget. Members include the applicant, legal spouse, dependent children, stepchildren, adopted children, and mutual parents of minor children. CJ Eligibility will be based on proof of the individual being at 101 % to 200% at or below the Federal Poverty Guidelines effective October 1st. Guidelines established March each year would not take effect until the following October 1st. Individuals must provide proof of income to patient care coordinator in order to determine eligibility. CJ A person or family is considered to be a resident of Collier County if they have established or maintained a physical arrangement, which they or someone responsible for them, consider to be their home. They must also be either born in the United States or its territories or legally admitted for work or permanent residency, e.g., not on vacation or visiting from foreign countries to receive medical benefits. CJ It is the responsibility of the person or family applying for assistance to provide documentation of Collier County residency. Two items from the following list must be provided as documentation of residency: · Valid driver's license with Collier County address · Receipt of mortgage or rental payment or letter from a landlord (motel receipt is not acceptable) · Proof of home ownership within Collier County · Homestead exemption document · Public utility bill in name of applicant or spouse with Collier County Address · Collier County voter registration card · Proof of enrollment of applicant's children in school in Collier County · Residency documented through a social service agency's or another county department's case record · Cancelled mail from a federal, state, or county agency addressed to the applicant or spouse at a local address · Written verification from a community agency · Verification from Post Office of mail received at an address in Collier County by applicant or spouse · Declaration of Domicile recorded with the Clerk of the Circuit Court of Collier County CJ An individual who has sufficient assets will not be eligible for assistance. The following is used to determine eligibility: 9 ~_""_..__...." 1111111 U Agenda Item No. 1602 January 10, 2006 Page 14 of 23 Excluded Assets are: · Homestead Exemptions · Automobile (one only) · Burial crypts, vaults, and plots Items that are not excluded include: · All bank accounts · Real Estate other than Homestead Exemptions · Automobiles (less exclusion), boats, trailers · Life Insurance polices if total face value exceeds $1500, i.e., case surrender value will be used · Stocks and bonds · Trusts · Written verification of all assets will be obtained at time of application as needed. o All applicants for assistance must be able to explain how household expenses are being met and upon request provide letters of explanation from those assisting with the bills. o Individuals will be denied eligibility if there exists any proof of illegal activity associated with their receiving assistance. The individual will be referred to other resources in the community for assistance. 13. If a waiting list of clients to be served is maintained, please describe the method of award, ranking or preference, if any. It is not anticipated that a waiting list will be kept. Individuals will be seen on a first come first serve basis. Medical emergencies will be referred to the appropriate resource, i.e., emergency room. ;:Q~MºN~T~ Ì'EºNE_~fJ/ÔPr.çÕ j_,,:,.:·,,~..:22¡·f'j¡!i}:-:,:.,:<,\,.: _'i"::.,~:_:: ':;''f;:.-~;·~·::_;:k:i';>;~-i\1,:C:;~~'-; \ 't,~: ,. - -Y--.-; : '~:' '-,"Y ';'-' ~-': ~ ',':'. ,'. ":i:-; .... I. What is the need or problem your agency intends to address? Describe the problem, proposed solution and expected outcomes/results. Currently, a large percentage of low to moderate income individuals living in Collier County are without health insurance. This proposal seeks to provide access to healthcare by connecting individuals without health insurance and who are in need of health services with volunteer physicians who agree to provide this care. Outcomes sought include assisting individuals in returning to self-sufficiency, improving health of population, and providing episodes of care to those individuals seeking services. 10 Agenda Item No. 1602 January 10, 2006 Page 15 of 23 2. Describe the service area/neighborhood and how you will reach out to the target population. The Human Services department has representatives that provide assistance to individuals both in Coastal Collier County and Immokalee. Additionally, PLAN of Collier County's Executive Director will communicate program to various organizations associated with local coalitions that serve low and moderate income individuals. Brochures associated with program will be developed and distributed throughout these existing coalitions to inform them of the program and eligibility criteria. 3. Describe your performance measurement outcomes of this activity. What are your goals and anticipated results? The performance measurement outcomes are to assist 75 un duplicated low to moderate income individuals with 110 patient encounters/visits to obtain necessary health care. Of this total 75% will report returning to self-sufficiency and 75% will report successful resolution of their health care issue. By providing this opportunity, individuals served will return or maintain self-sufficiency in the community through being able to retain competitive employment. 4. Will this activity increase the number of clients your organization serves? If so, how many individuals and/or households will benefit from your proposed activity? This activity will increase the number of clients by 75. I.Describe the specific steps to be taken to implement the project. Include the tasks, start date and end dates. The initial task associated with the project will be to establish parameters of sub- recipeint agreement with Collier County Government Operational Support and Management. It is anticipated that this would occur by October 15, 2006 if funded. Upon receipt of funding, the project would begin serving the population described in connecting to health car provided by the volunteer physicians immediately with an anticipated end date of July 2007. Currently these referrals are established through a network of primary care clinics that serve the uninsured/underinsured. Individuals identified through these settings will be referred to PLAN for specialty care and services. Beginning upon the inception of the agreement or October 15, 2006 individuals referred will be provided 11 ~d _""'_,.._'-. . --...'--=-'-" . Agenda Item No. 1602 January 10, 2006 Page 16 of 23 with referrals to volunteer specialist for resolution of their respective medical illness/issue. 2. If this is a housing construction activity, do you have construction plans? DYesDNo N/A If yes, submit a copy of the plans. : DEMONSTRATED ÊXPEiùENCE:ANri· CAPACITY: "o:"'i';X,¡;,.:'Lii::t+:'i~~t::O:~·~};~;fi·,,,:·:;i::'i~'~;::t~,Y;~;';~:'dÄ~::,f''':;'::: i: '.j?: ~.~'';-:!i:;:~"".;;i.i¡:, ~'t;,:;;.~,¡·':i;_;1(;; i_i~",j~,:,":,~,-:·f:·_<~~';','.~,«.:;_:'_:' -~·:;i.~it""_~:,:.;~,:;'_'!~¡'~'~~~':i'~,)J!:;~;,~/,,-~~.:,;:',¿. ::;;:~., 1. Please indicate if you have received funding from the following in the past five years: FUNDS YEAR AMOUNT CDBG 2002, 2003, $245,667 2004 HOME CoC (Continuum of Care) Other Federal Funds (please list) Since 1976 $903,253 OAA State Resources (please list, SHIP, SAIL, etc) CCE Since 1976 $817,121 2. Was the previously funded activity successfully completed? !2?JYES DNO If No, Please Explain: N/A 3. Provide qualifications of all staff that will be responsible for implementing the proposed project. Please indicate their roles in any activities listed in number one above. If additional staff is to be retained for this proj ect, or if you propose to contract with other organizations, please describe. Attach resumes or additional pages if necessary. Barry Williams is the Director of the Human Services Department and will provide overall supervision and direction for the project. He is a licensed clinical social worker in Florida and also has a master's degree in business administration, Terri Daniels is the Grants Supervisor for the Human Services Department and will oversee the invoicing and maintaining financial reporting of the project. Ms. Daniels has a master's degree in public administration and a bachelor's degree in 12 Agenda Item No. 16D2 January 10, 2006 Page 17 of 23 management. Candice Franco is the Case Management Supervisor for Social Services. Ms. Franco has 31 years experience within the department and will provide the day-to-day supervision of the Patient Care Coordinator. Zen a Nugent is the Patient Care Coordinator and will connect individuals with the volunteer physicians for the primary/specialty medical care. Ms. Nugent has approximately 5 years experience working within a setting that assists low to moderate-income individuals in obtaining medical care. In addition, the proposal will work closely with the PLAN of Collier County's Executive Director, Lauren Leifer. Ms. Leifer has a bachelor's degree in special education and has had 25 years as an entrepreneur in focusing on healthy communities. She chaired the National Business advisory council for the Healthy People 2010 initiative. 4. See required Agency/Organizational Exhibits. Attach as Instructed See attached. HOUSING PROJECT or PUBLIC IMPROVEMENT BUDGET CDBG/HOME In-Kind Other Funds Source/Status Acquisition $ Construction $ Architectural Design/ En~ineerin~ $ Site Improvements/ $ Infrastructure Other $ TOTAL Project Cost $ 13 Agenda Item No. 1602 January 10, 2006 Page 18 of 23 ECONOMIC DEVELOPMENT, PUBLIC SERVICE, OR OTHER NON CONSTRUCTION BUDGETS ITEM CDBG In-Kind Other Funds Source/Status 110 Encounters for $85,000 $30,000 $25,000 Costs of services obtaining volunteer provided by physicians, physician care + needed other health care pharmaceuticals providers/General Revenue from local government $ $ TOTAL PROJECT COST $85,000 $30,000 $25,000 All applicants are encouraged to provide matching funds. Matching contributions will positively impact the application. Matching funds must relate directly to CDBG/HOME activity and be provided during the term of the agreement. Show all matching funds in the budgets, above. Please note: HOME projects require a 25% match. Examples of matching funds: · Cash contributions, other federal, state or local grants, foundations, private loans, fund-raising proceeds · Value of land or real property (specify who owns the land or real property) · Value of in-kind contribution, including donated material or building; and value of lease on a building (staff time is excluded) FINANCIAL FEASIBILITYILEVERAGING 1. Indicate status of each funding request from other sources and whether or not the implementation of this activity is contingent on receiving funds from other sources. N/A 2. Please attach award letter and/or letter of intent for each funding commitment and date of funding availability. 14 Agenda Item No. 16D2 January 10, 2006 Page 19 of 23 3. Of the total project cost, what percentage has been, or will be financed with CDBG/HOME funds? Total project cost might be for just the expansion, maybe check with Susan or Julia to see what they expect here CDBG/HOME Funding (divided by) Total Project Cost = Percentage $85000 60 (Divided by) $140000 = % (Amount requested) (Total project cost) Determine the amount of funds applicable to each person who will benefit from the project, by dividing the total funds requested by the number of persons directly benefiting: $850.00 per encounter. 1. Does your organization have an established accounting system? IZJ YES DNO If yes, please provide a CPA certification from a Certified Public Accountant to that effect or a HUD-approved audit summary. 2. Attach one copy each of the signed annual financial statement over the past two years. N/A Check the appropriate item to the best of vour knowledee as it pertains to the proposed activity. a. Project/property is located on a historical or archeological site. DYeskZNo Project/property is in the 100· year flood plain. DYesDNo c. Project/property is in a wetlands area. DYes DNo 15 ¡;¡;............."..,.~'" Agenda Item No. 1602 January 10, 2006 Page 20 of 23 d. Project/property is in a coastal barrier area. DYes DNo e. Project/property is within a half-mile of an airfield. DYes DNo f. Project/property IS near storage or manufacturing facility of Industrial products. DYes DNo g. Project/property is on or near soil contaminated by diesel/fuel or gasoline. DYes DNo Note: If any of the above items is marked yes, please provide an explanation of how the proposed project is affected and the expected impact on the surrounding environment. a. Is the proposed activity expected to impact the environment in any negative manner or pose a hazard or nuisance? DYes DNo b. Are any endangered or threatened or listed species located on the proposed project site? DYes DNo c. Are there any environmental concerns or impediments associated with the proposed activity? If yes, please provide detail. DYes DNo d. Is the proposed activity expected to adversely affect the environment? DYes DNo e. Project/property is on a properly zoned site. If not properly zoned, please explain. DYes DNo Acknowledgement of Religious Organization Requirements N/A In accordance with the First Amendment of the United States Constitution "church/state principles," Community Development Block Grant CCDBG) assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to be, a religious or denominational 16 Agenda Item No. 1602 January 10, 2006 Page 21 of 23 institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. A religious entity that applies for and is awarded CDBG funds for public service activities must agree to the following: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference to persons on the basis of religion. 2. It will not discriminate against any person applying services on the basis of religion and will not limit such preference to persons on the basis of religion. for such public . . servIces or gIve 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole or in part under this agreement shall contain no sectarian or religious symbols or decorations: and 5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility, which is owned by the provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services located in a structure used exclusively for non-religious purposes and constitute in dollar terms, only a minor portion of the CDBG expenditure for the public services. 1 hereby acknowledge that 1 have read the specific requirements contained in this attachment and that eligibility of my organization's project depends upon compliance with the requirements contained in this agreement. Signature:_N/A Date: 17 Agenda Item No. 16D2 January 10, 2006 Page 22 of 23 18 RESOLUTION NO. 2006 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER. COUNTY, FLORIDA, AUTHORIZING THE AFTER-THE- FACT SUBMITTAL OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR EXPANSION OF THE PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY PROJECT WHEREAS, the United States Department of Housing and Urban Development provides Community Development Block Grant funding to fund a variety of projects which aid in the development of viable communities by providing decent housing, a suitable living environment and expanding economic opportunities, primarily for persons of low and moderate income; and WHEREAS, the funding in Collier County is administered by the Collier County Operational Support and Housing Department; and WHEREAS, the Collier County Human Services Department desires to expand upon the Physician Led Access NetWork of Collier County project by requesting FY 2006-2007 Community Development Block Grant funds; and WHEREAS, in order to meet the application deadline of January 4, 2006, the Collier County Manager, authorized by CMA #5330, approved and signed the application to be followed by this after-the-fact approval by the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners authorizes the after-the-fact submittal of a Community Development Block Grant Application for expansion of the Physician Led Access Network of Collier County project. This Resolution adopted this _ day of _ 2006, after motion, second and majority vote in favor of adoption. A1TEST DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Chairman Approved as to form and legal sufficiency ~ BY~ Robert N. Zãc · Assistant County Attorney ".'>..-.---."..-.-." ~-"';'"'-"'''';''-'''" Agenda Item No. 16D2 January 10, 2006 Page 23 of 23 Agenda Item No. 1603 January 10,2006 Page 1 of 6 - EXECUTIVE SUMMARY Report expenditure of Direct Material Purchase program funds to purchase Communications Services for North Collier Regional Park in the amount of $107,796.44 from Aztek Communications Obiective: To outfit North Collier Regional Park with fiber optic cable connections in an ample and cost-effective manner. Considerations: On June 25, 2002, the Board of County Commissioners awarded the design fee portion of Contract No. 01-3189, Construction Manager at Risk for the construction of North Collier Regional Park, to Kraft Construction Company, Inc. (Item 16(D)14). On September 21, 2004 the Board of County Commissioners awarded Guaranteed Maximum Price (GMP) Contract No. 01-3189 to Kraft Construction in the amount of$53,802,645 (Item 10F). ,- The North Collier Regional Park is a 212-acre site that will be developed with the following facilities: Sun-n-Fun Lagoon water park consisting of a 2-lane diving lap pool, kiddy pooL activity pool, family pool, 1,200-linear foot lazy river, and concession stands; eight lighted soccer fields and five lighted softball fields with concession stands; fitness center, pool bath house, recreation building, community building and administration building. There are also several picnic shelters throughout the park and boardwalks throughout the wetlands. Aztek Communications is on continuing contract with Collier County for the provision of Communications Services (Bid No. 03-3563 awarded by the BCC on November 18, 2003, Item 16(E)7). Purchase Order No. 4500056189 for $107,796.44 was issued on December 8, 2005 in accordance with Aztek's written quotation for outfitting the park with fiber optic cable connections. Fiscal Impact: The necessary funds are available in the Regional Park Impact Fees Fund (346), North Naples Regional Park Project (80602). To date the Direct Materials Purchase program has returned $819,984.49 in tax savings to the project. These funds have been committed as follows: Furniture Fitness Equipment Communications Services Total $273,825.85 $315,878.14 $107,796.44 $697,500.43 Savings to Date Total Committed to Date Remaining $819,984.49 $697,500.43 $122,484.06 ,.-. Agenda Item No. 16D3 January 10. 2006 Page 2 of 6 .~ Because the project is well underway, staff does not anticipate a significant increase to the savings garnered to date via the Direct Materials Purchase program. The estimated remaining $122,484.06 in tax savings will be used to fund communications equipment, impact and permitting fees, and builder's risk insurance. Growth Manaaement Impact: North Collier Regional Park is inventoried in the Collier County Growth Management Plan. Recommendation: No Board of County Commissioners action is necessary at this time. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation .~ ,--. Agenda Item No 1603 january 10. 2006 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D3 Item Summary: Report expenditure of Direct Matenal Purchase program funds to purchase Communications Services for North CoWer Regional Park in the amount of $10ï,79644 from Aztek Communications Meeting Date: 1110120069:0000 AM Approved By Kathy Carpenter E.:ecutive Secretary Date Public Servìc:es Public. Services Admin. 12'28/20054:06 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 12128/20066:13 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 12/29/2005 2:23 PM Approved By OMB Coordinator AdministrAtive Assistant Date County Manager's Office Office of Management & Budget 113(20069:31 AM Approved By Gary A. Vincent Management & Budget Änalyst Date County Manager's Office Office of Management & Budget 113/20064:38 PM Approved By Michael Smyk0W9ki Management & Budget Director Date County Manager's Office Office of Management & Budget 1/3120065:06 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 114/20068:50 AM Agenda Item No. 1603 JamR8ge10, 2006 IPqge 4 of ~ Purchase order AZTEK COMMUNICATIONS STE 9 1455 RAILHEAD BLVD NAPLES FL 34110 PO number/date 4500056189 / 12/08/2005 Contact personIT elephone KH-JF-MR/239/353-0404 Our Tax Exemption no. 85-8012621830C-2 Send invoice to: Board of County Commdssioners Attn: Finance Department P.o. Box 413016 Naples, Fl. 34101-3016 Your vendor number with us 100305 Please deliver to: NORTH COLLIER REGIONAL PARK 15000 LIVINGSTON RD NAPLES FL 34109 Delivery date: Day 09/30/2006 Terms of delivery: FOB DESTINATION Terms of payment: Net 45 Days Item Material Order qty. Description Unit Price per unit Net value 00010 COMMUNICATION SERVICES 1.00000 each 0.01 0.01 00020 BID 03-3563; BCC APPR 11/18/03 16.E.7 1.00000 each 0.01 0.01 THIS ORDER SUBJECT TO THE FOLLOWING CONDITIONS: ,. This pu-cIwse Older ia camldønld 10 be 8 aingIe contract. Payment wiH be made upon completion of Iot8i Older. No partial paym_ will be made without proper -.onzation. 2. PUI'ChIIH Older number must appear on 811 irwo;œ'qlllCkages,or COI1'eapOo Ide< oee. 3, The County -. II'Ie right to cancel any portion of !tis orOIIr if not fiJled lIS spøcífied. 4. Payment will be made QI1Iy in 8CCO!'d8rIce with this onIer, corrøctions or price ~tmønts must be 8UIhorized by the Purchasing DiI'eCIOr pOor 10 shipment of goods. 5. Def8c:tive goods will be pnmptly AIIum8d 81 your _ and credit biten. 6. Discounts of prompt payment will be computed from daœ of ~ of goods or from _ of nICeipt of lrwcices, ..,h~ ill IlIter. 7. I is 1IQ1eed. that goods deINwød ..I comply with 8\1 federal, _, or local laws !8i8tiv& thenIID, and th8t the Vendor _I defend actions or claims brcugh!1II1O.... hann less the buyerfTom toss, coal. or ( by _on of actual or "'lege<! infri~ of letter patent. 8. Un_ the VIlllClof indiceIes otherwise, lniliation of ..,011< shall consitutellCCepl8nce of the Purctwse Order including all8IIachments. 9. 'The Vendor ~ to I8irntuæmlll1t of tnNeI ~ in IICC:OrØIInce with Florida StaIute ChapIer , 12,061, Per Diem and T...wl EJcpenses d Public 0If1C8nl. employees and aulhorizl8d pensons. 10. All shipmenta to be FOB Oe$tination. Mov O~ 05 11:138 Agenda Item No. 1 Eft131 January 10, 2006 Page 5 of 6 AZTEK-· 1455 Railhead BlVd Unit # 9 Naples, FI. 34110 . Phone - 239-598-1035 Fax - 239-598-0878 November 4, 2005 Tony Roberto Project Manager Collier COunty Parks and Rec. Dear Tony: This is a quote for the fiber optic portion connecting the buildings together and all the remaining labor and parts at the neN Regional Par\( on LivingstOn Rd. in NoT1h NapleS. Note- Any changes to the prints or desired Iocation8 of wiring and/or fiber optic cabling etc. will be treated as a change order at the time the changes are reqUéSted. þj, the time of this quote Johnson Controls termination racks are NOT included as Aztek cannot seem to get a definitive answer as to where to locate the racks. Wiring and Associated Parts: 11,000' 24 strand Single mode fiber optic cable @ $0.72 ea. 3,000' 48 strand Multi mode fiber optic cable @ $4.30 ea. 3,950' 24 strand Multi mode fibèr optic cable @ $2.20 ea. 4,550' 12 strand Multi mode fiber optic cable @ $1.26 ea. 72 Buffer tube fan out kits for terminating fiber optics @ $14,94 ea. 384 Multi-mode Fiber Optic Ends @ $10.44 ea. 480 Single Mode Fiber Optic Ends @ $19.30 ea 19 Rack Mounted 36 port fiber optic boxes @ $126.22 ea. 2 Rack Mounted 72 port fiber optic boxeš @ $197.64 ea. 3 Rack Mountecl144 port fiber optic boxes @ $256.17 ea. 40 SC dual Single mode fiber inserts @ $43.20 ea. 32 SC dual Multi mode fiber inserts @ $60.80 ea. 9 7' OrtrorJics enclosed Rack @ $1,991.07 ea 1 4' Hubbell enclosed Racks @ $1,422.00 1 2' Hubbell enclosed Racks @ $621.00 2024 port Ortror\ics Cat 6 patch panels @ $177.53 ea. $7 ,920.00 $12.900.00 $8,690.00 $5,733.00 $1,075.68 $4,008,96 $9,264.00 $2,398.18 $395.28 $768.51 $1,728.00 $1,945.60 $17,919.63 $1,42.2.00 $621.00 $3,350.60 _._--~ ^ Nov 04 05 11: 138 Agenda Item No. ~ January 10, 2006 Page 6 of 6 11/412005 24 additional Cat ~ Wiring Runs @ $99.00 ea. $2,376.00' Labor: 200 hours labor Pulling fiber cables (5 Iechs 40 hours ea) @ $40.00 per hr. 864 fiber optic terminations @$20,ooea. $8000.00 $17,280.00 Total Parts and Labor: $107,796.44 Sincerely, Michael L Leeds Aztek Communications . Page 2 Agenda Item No. 16E1 January 10, 2006 Page 1 of 2 ~. EXECUTIVE SUMMARY Recommendation to approve a budget amendment for $74,098.05 to recognize carry-forward revenue for new air conditioners (Project 52162) OBJECTIVE: To approve a Budget Amendment for $74,098.05 to recognize carry-forward revenue for new air conditioners (Project 52162). CONSIDERATIONS: On October 1st every year, the Finance Department rolls forward the entire unspent budget for Capital Projects from the previous year and posts this budget into the new, current year's project. This process is automated within the SAP accounting system. ,,-. On September 29, 2005, a goods receipt was prepared to pay EHC, Inc. $74,098.05. In SAP, a goods receipt transaction "spends" budget; therefore, when the Finance Department rolled forward the unspent project budgets on October 1, 2005, this $74,098.05 did not roll forward to fiscal year 2006. On October 31, 2005 the $74,098.05 goods receipt was canceled, and SAP increased the available budget in FY05 instead of FY06. A budget amendment is now needed to increase the FY 2006 budget by $74,098.05. Eventually EHC, Inc. was paid and the expenditure was posted to FY 2006, creating a short-fall in the New Air Conditioners Project (52162) referenced above. FISCAL IMPACT: A budget amendment is needed to recognize $74,098.05 in carry-forward revenue and to increase the New Air Conditioners Maintenance Project by the same. Source of funds is Ad Valorem. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners approve a budget amendment in the amount of $74,098.05 to recognize carry-forward revenue for new air conditioners (Project 52162). PREPARED BY: Becky Erickson, Accounting Technician, Facilities Management ,-.. Aoenda Item No. 16E 1 .. Januarv 10. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E1 Meeting Date: Recommendation to approve a budget amendment for £74,09605 to recognize carry-forward for new air conditioners (project 52162) 1/10120069 0000 AM Prepared By Rebecca S. Erickson Accounting Technician Date Administrative Services Facilities Management 12/15/20051:55:05 PM Approved By Damon Gonzales Intemn Facilities Manager Date Administrative Services Facilities Management 12/16/20051:51 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 12116120052:25 PM Apprond By Len Golden Price Administrative Serví(;es Administrator Date Administrative Services Administrative Servi<;es Admin. 1 V20lZ005 9:53 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Dtlke of Management & Budget 12/211200510:17 AM Approved 8y Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12:/211200510:59 AM Approved By James V_Mudd County Manager Date Board of County Commissioners County Manager's Office 12:J2112005 7:03 PM Agenda Item No. 16E2 January 10, 2006 Page 1 of 2 /'-.'" EXECUTIVE SUMMARY Recommendation to waive formal competition and approve the purchase of annual software maintenance for the electronic document management systems (EDMS) for five years OBJECTIVE: To purchase the annual software maintenance on the Electronic Document Management System (EDMS) from Image One Corporation for the next five (5) years. CONSIDERATION: The Information Technology Department has performed its due diligence to find an alternate vendor to support the EDMS application. The contract with Image One expired prior to October 2004. Additional vendors in the State of Florida have been researched, all vendors researched declined in November 2004 to take over account license maintenance due to reasons related to non-compete agreements or being out-ot-territory. These companies were contacted again in November, 2005 and have reiterated their previous responses. Image One is the only EDMS reseller authorized to provide support in Southwest Florida. ~. Annual Maintenance for Image One Corporation continues to reduce in cost since FY04. FY06 annual maintenance is in the amount of $47,698.20 down from $48,400.00 from FY04. FISCAL IMPACT: Funding in the amount of $48,000.00 is budgeted for the annual maintenance for the EDMS application in the operating budget for fund 001 cost center 121148. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board ot County Commissioners waive formal competition and approve the purchase of annual software maintenance through Image One Corporation for the next five (5) years. PREPARED BY: Tammy Smith, Business Application Manager, Information Technology Department ,- Item Number: Item Summary: Meeting Dlte: Agenda Itarn No. 16E2 January 10. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E2 Recommendation to waive lormal competition and approve the purchase of annual software maintenance for the electroniç document management systems {EDMS) for five years. ($46.000) 1110120069:0000 AM Business Applications Manager Date Prepared By Tammy Smith Administrative Servìces Information Technology 12/14120058:22:15 AM Scott Johnson Purchasing Agent Date Approved By Adminìstrative Services Purchasing 12115/20068:51 AM Mike Hauer Acquìsition Manager Date Approved By Administrative Services Purchasing 12/15120058:58 AM Barry Axelrod Information Technology Director Date Approyed By Administrative Services Inforruation Technology 12/18/20058:29 AM Steve Carnell Purchasing/General Bycs Director Date Approved By Administrative Services Purchasing 12/16/200510:24 AM Len Golden Price Administrative Services Administrator Date Approyed By Administrative Services Administrative Services Admin. 12/20/20059:54 AM OMS Coordinator Administrative ASSistant Date Approved By County Manager's Office Office of Management & Budget 12f21/200510:13 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 1212112005 11 :00 AM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manage(s Office 12121/20051:08 PM Agenda Item No. 16E3 January 10, 2006 Page 1 of 7 ,,- EXECUTIVE SUMMARY Recommendation to approve and execute the attached License Agreement with Mayflower Congregational United Church of Christ, Inc., for temporary employee parking during construction of new County Fleet, Collier Area Transit, and Sheriff's Office Fleet facilities at an annual rental not to exceed $14,400, Project 520093. OBJECTIVE: To provide temporary off-site parking for County employee vehicles during construction of new County Fleet, Collier Area Transit, and Sheriff's Office Fleet facilities. CONSIDERATION: With the extensive amount of construction that will be taking place on the County Barn Road Fleet facility property during the next two to three years, existing employee parking areas will be needed for construction vehicles, construction equipment, and material storage. As a result, off-site parking for County employees is needed. r- Staff has secured an agreement with the Mayflower Congregational United Church of Christ, Inc. (Church) located directly across the street from the County Barn Road Fleet facility to use fifty of its parking spaces for two years with the right to extend for one additional year. The License and $1,200 monthly rental payments commence on the date the Church receives written notice from the County that County employees will begin using the Church's property for parking. Parking is limited to County employee vehicles only, Monday through Friday, with no overnight parking allowed. The attached License Agreement has been reviewed and approved by the Office of the County Attorney for content and legal sufficiency. FISCAL IMP ACT: The total maximum annual rental is $14,400 and will be paid in monthly installments for $1,200 in project 520093, Fleet Building. The source of funds will be bond proceeds. The bond will be paid back from the General Governmental Facilities Impact Fees (fund 390) and the general fund. GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners approve and authorize Chairman Coyle to execute the attached License Agreement. PREPARED BY: Michael Dowling, Senior Property Management Specialist Real Estate Services / Department of Facilities Management r- Agenda Item No. 16E3 Januarv 10. 2006 Page 2 01 7 COLLIER COlJNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E3 Meeting Date: Recommendation to approve and execute the at1ached License Agreement with Mayflo\Nef Congregational Umted Church of Chris!, Inc.. for temporary employee parking during construction of new County Fleet. CoWer Area Transit, and Sheriffs Office Fleet facilities at an annual rental not to exceed $'14.400, ProJect 520093. 1/10/200690000 AM Approved By Ron Hovel! Pnncipal Project Manager Date Administrative Services Facilities Management 11/3D/2005 4:35 PM Approved By Charles E. Carrington, Jr.. SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 11'30/20054:41 PM Approved By Skip Camp, C.F.M. Facilíties Management Director Date Administrative Services Facilities Management 1211/2005 2:56 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 121212005 3:06 PM Approved By Michael Smylmwski Management & Budget Director Date County Manager's Office Office of Management & Budget 113/20069:56 AM Approved By James V. Mudd County Manager Date Board of County commissioners County Manager's OffIce 1/3/200611 :36 AM License # Agenda Item No. 16E3 January 10. 2006 Paae 3 of 7 it UCENSE AGREEMENT TIllS UCENSE AGREEMENT ("License"), entered into this _ day of , 2005, between Mayflower Congregational United Church of Christ Incorporated, a Florida Non-Profit Corporation, whose mailing address is 2900 County Barn Road, Naples, Florida 34112, ("UCENSOR"), and COLLŒR COUNTY, a poJitica] subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112 ("UCENSEE"). WITNESSETH In consideralion of the mutual covenants contained herein the parties agree as follows: ARTICLE I. Demised Premises UCENSOR hereby Licenses to UCENSEE and UCENSEE hereby Licenses from UCENSOR the property described in Exhibit "A" which is attached and made a part of this License, hereinafter referred to as the "Demised Premises," for the sole purpose of ulilizing fifty vehicle parking spaces for parking of UCENSEE'S employees' personal vehicles. UCENSEE shalJ not be allowed to store or temporarily park any oversized vehicles at the Demised Premises at any lime throughout the tenn of this License or any renewals thereto. UCENSEE sha1l not be a1lowed to park any vehicles overnight or throughout the day or night on Saturdays and Sundays. UCENSEE covenants and agrees not to use, occupy, suffer or pennit said Demised Premises or any part thereof to be used or occupied for any purpose other than the lawful parking of motor vehicles. UCENSEE shalJ always refrain from any use of the Demised Premises that interferes with or adversely affects the operation ofUCENSOR'S activities at UCENSOR'S facilities. ARTICLE 2. Tenn UCENSEE shall have and hold the Demised Premises for a tenn of two (2) years to commence upon a date in which UCENSEE provides written notice to UCENSOR of UCENSEE'S anticipated utilization of the Demised Premises. UCENSEE is granted one (1) option, provided it is not then in material default of any of the tenos of this License, to renew this License for an additional one (1) year teno, under the tenns and conditions as provided herein by providing UCENSOR with a 60 day written notice to the address set forth in Article 11 of this License. UCENSEE can terminate this UCENSE at any time by giving UCENSOR at least thirty (30) days' advance written notice of UCENSEE' S intent to terminate. ARTICLE 3. Rent and Obligations of PARTIES UCENSEE hereby covenants and agrees to pay as rent for the Demised Premises One Thousand Two Hundred Dollars ($1,200.00) per month beginning on the commencement date as provided for in Article 2 of this License. ARTICLE 4. Modifications to Demised Premises UCENSEE shall not be permitted to make any changes, alterations, additions or improvements to the Demised Premises, nor shall UCENSEE be permitted to install any signage on the Demised Premises un]ess so approved by UCENSOR. Agenda Item No. 16E3 January 10. 2006 Page 4 of 7 ARTICLE 5. Access to Demised Premises UCENSOR, its duly authorized agents, representatives and employees, shall have the right without any notice to UCENSEE, to enter into and upon the Demised Premises or any part thereof at all hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with provisions of this License. ARTICLE 6. Assignment and Subletting UCENSEE shal1 not assign this License of License, not sublet the whole or any part thereof, nor permit any other persons, other than another County agency, to use same for parking of motor vehicles or any other use without the prior expressed written consent of UCENSOR to do so. Any such assignment or subletting, even with the consent of UCENSOR, shall not relieve UCENSEE from its obligations under this License. ARTICLE 7. Indemnitv and Insurance The UCENSEE will, at all times, carry comprehensive general liability insurance in an amount not less than the sum of One Hundred Thousand Do1lars and 001100 Cents ($100,000.00) single occurrence, Two Hundred Thousand Dol1ars and 00/100 Cents ($200,000) aggregate. The cost of all such premiums on all such policies shall be paid and borne by the UCENSEE. ARTICLE 8. Maintenance UCENSEE shall, at its sole cost and expense, keep the Demised Premises clean at al1 times. If said Demised Premises are not kept clean in the opinion of UCENSOR, UCENSEE will be so advised in writing. If corrective action is not taken within fifteen (15) days of the receipt of such notice, UCENSOR may cause the same to be cleaned and UCENSEE sha1l assume and pay al1 necessary cleaning costs, and such costs shal1 constitute rent which shall be paid by UCENSEE within thirty (30) days of receipt of written notice of costs incurred by UCENSOR. ARTICLE 9. Default bv UCENSEE Failure of UCENSEE to comply with any provision or covenant of this License shal1 constitute a default and UCENSOR may, at UCENSOR'S option, terminate this License after thirty (30) days written notice to UCENSEE, unless the default can be cured within that notice period (or such additional time as is reasonably required to COlTect such default). ARTICLE 10. Default bv UCENSOR UCENSOR shal1 in no event be charged with default in the performance of any of its obligations hereunder unless and until UCENSOR shal1 have failed to perform such obligations within sixty (60) days (or such additional time as is reasonably required to correct such default) after written notice from UCENSEE to UCENSOR properly specifying wherein UCENSOR has failed to perform any such obligation(s). The failure of either party to insist upon strict adherence to any single term of this License on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this License. ARTICLE 11. Notices Any notice which UCENSOR or UCENSEE may be required to give to the other party shan be in writing to the other party at the fol1owing addresses: UCENSEE: Board of County Commissioners c/o Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 UCENSOR: Mayflower Congregational United Church of Christ 2900 County Barn Road Naples, Florida 34112 Attention: Church Secretary cc: Office of the County Attorney Facilities Management Director 2 .-.-- ,-"-~-_..- ARTICLE 12. Surrender of Premises Agenda Item No. 16E3 January 10. 2006 Page 5 of 7 " UCENSEE covenants and agrees to deliver up and surrender to UCENSOR possession of the Demised Premises upon expiration of this License, or its earlier tennination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this License or may have been put by UCENSOR or UCENSEE during the continuance thereof, excepting ordinary wear and tear. ARTICLE 13. General Provisions UCENSEE 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 UCENSEE acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of UCENSEE and shall involve no cost or expense to UCENSOR. ARTICLE 14. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturaJly occumng 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 15. Effective Date This License Agreement shall become effective upon execution by both UCENSOR and UCENSEE. ARTICLE 16. Governing Law This License Agreement shall be governed and construed in accordance with the laws of the State of Florida. ARTICLE 17. No Third Partv Beneficiaries This License does not create and shall not be construed as creating any rights enforceable by any person not a party to this License. ARTICLE 18. Severabilitv If any provision of this License is detennined invalid, unenforceable or illegal for any reason, the remainder of this License shall remain in full force and effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to aU other person and circumstances. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE UCENSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COUlER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CJerk BY: Deputy Clerk BY: FRED W. COYLE, Chairman 3 .".. ',' ... AS TO THE liCENSOR: 9(1~ O~ DATED: Agenda Item No. 16E3 January 10,2006 Page 6 of 7 MAYFLOWER CONGREGATIONAL CHURCH OF CHRIST INCORPORATED, a Florida Non-Profit Corporation BY: ßLA'A'A-/ff~ Director President ,lJ F"'(#/VA' C. #ð4~W (print name) Approv'" '" to fann an~r ,uffi"'n'~ ~ ~ UAJ..--: II-Iy..-p¡/ ) h V\.- Thomas C. Palmer, Assistant County Attorney 4 ". ,> . Agenda Item No. 16E3 January 10. 2006 Page 7 of 7 e ~ ¡...\.: b ,', . A I Mayflower Congregational Church 1\ I ~ pa.....t.,. ~Ö- ~ p o..c.~ ~ Agenda Item No. 16E4 January 10, 2006 Page 1 of 6 ,--. EXECUTIVE SUMMARY Recommendation to approve and execute the attached Lease Agreement with Roger Carvallo for temporary office space to house the Guardian Ad Litem office during construction for the new Courthouse Annex building at a first year's annual cost not to exceed $24,744, Project 525331. OBJECTIVE: To provide temporary office space for the Guardian Ad Litem office during construction of the new Annex attached to the Courthouse. CONSIDERATION: In order to accommodate the construction start date for the Courthouse Annex, the Facilities Management Department will need to relocate the Guardian Ad Litem program to temporary office space for the duration of the project. The construction project is expected to be completed within 18 months. ~ Staff has secured an agreement within Court Plaza, located immediately to the north of the Government Center. The proposed lease term is for two years beginning January 15,2006 with a provision for a one-year lease extension. The first year's annual rent is $9,000 with a monthly common area maintenance (CAM) charge of$312 for a total cost of$12,744 payable in monthly installments of $1,062. The annual rent for the second year and one-year extension will increase five percent each year. Annual CAM increases will be based upon Mr. Carvallo's actual operating expenses. The Facilities Management Department is estimating that related moving expenses, furniture, computer and telephone installations will cost approximately $12,000. The attached Lease Agreement has been reviewed and approved by the Office of the County Attorney for content and legal sufficiency. FISCAL IMPACT: The annual rental and CAM charges of$12,744, and $12,000 associated moving expenses, will be paid from County-wide Capital Projects Fund (301), under the Courthouse Annex Project number 525331. GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Roger Carvallo and authorize the Board Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist Real Estate Services I Department of Facilities Management ,..-. Item Number: Item Summary: Meeting Date: Agenda Ilern No 16E4 January 10. 2006 Page 2 0[6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E4 Recommendation to approve and execute the attached Lease Agreement with Roger Carvallo for temporary office space to house the Guardian Ad Litem office dUring construction for the new Courthouse Annex building at a hrsl years annual cost not 10 exceed $24744 Project 52533 1110/200690000 AM Property Management Specialist Date Prepared By Michael H_ Dowling Admioìstratlve ServIces Facilities Management 12f21/20051:25:57 PM Peter S. Hayden, P.E. Senior Project Mélnager Date Approved By Administrative Servitef> FacìUties Management 12/21/.2005 2:D9 PM Real Estate Services Manager Date Approved By Charles L Carrington, Jr.. SRIWA Administrative Services FaeíJi1ies Management 12121/20055,00 PM Skip Camp, C,F,M. Facilities Management Direc.tol' Date Approved By Administrati....e Services Facilities Management 12/22120058:37 AM Steve Carnell PurchasIng/General Svcs Dírcc.tor Date Approved By Administrative Services Purchasing 12(22/200510:15 AM S1evp. Carnell Purchasing/General Sves Director Date Approved By Admlnistrati....e Servic.es Purchasmg 12[221200510:15 AM OMS Coordinator Adminìstrative Assistant Date Approved By County Manager's Office Office of Management & Budge1 12/28/20059:51 AM Approved By Senior ManagernenllBudget Analyst Date Susan Usher Counly Manager's Office Office of Management & Budget 12/29/20056:06 PM James V. Mudd County Manager Date Approved By Board of County Commissioners county Manager's Office 12129!2.005 6:15 PM ,....""'··....¡j¡."'IN.._r Lease # Agenda Item No. 16E4 January 10, 2006 Page 3 of 6 LEASE AGREEMENT _íL . TillS LEASE AGREEMENT entered into this ~ day of ~~ C (' ;-A-¿<A.., 2005, between Roger Carvallo whose mailing address is P.O. Box 7714, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COUJER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, NapJes, 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 I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR, 900 square feet of finished office space, more specifically known as Unit C 101 & 102, Court Plaza Ill, located at 2671 Airport Road, Naples, Florida 34112, 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 beginning January 15,2006, and ending January 14, 2008, hereinafter referred to as the 'Initial Term.' LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same for an additional one (1) year following the Initial Term under the tenns and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not Jess than thirty (30) days prior to the expirations of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon thirty (30) 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. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Nine Thousand Dollars ($9,000.00) for the first year of the Lease to be paid in equal monthly installments of Seven Hundred Fifty Dollars ($750.00) each. 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 (I/30th) of the monthly rental multiplied by the number of rentaJ days of such fractional month. Following the first full year of occupancy, the annual rent shall be increased by five percent from the previous year and shall be increased by five percent, compounded, each year throughout the Lease. ARTICLE 4. Other Expenses and Charges In addition to monthly rent, LESSEE shall pay Common Area Maintenance ('CAM') charges in the amount of Three Hundred and Twelve Dollars ($312.00) per month for the first full year of the Initial Term. CAM reflects the actual operating costs of LESSOR'S operation of the Demised Premises. If CAM should be increased, LESSOR shall notify LESSEE, in writing, of any CAM increase on or before January 31 of each renewal year throughout the life of the Lease. Any increase in CAM shall not be increased more than five percent from the previous year's amount Agenda Item No. 16E4 January 10, 2006 LESSEE shall provide and pay for all janitorial services, pest control, charges for electricity, Page 4 of 6 telephone service, air-conditioning system maintenance and filter replacement and light bulbs pertaining to the Demised Premises. LESSOR shall be responsible for all building repairs and maintenance including repair and replacement of air-conditioning systems, plumbing and electrical. LESSEE is allowed to use, without additional charges, those Common Areas in and around the building. Common Area shall mean those areas and improvements for the common use and enjoyment of the LESSOR, LESSEE and their respective employees, agents, independent contractors, invitees, guests and licensees; such Common Area includes, but is not limited to, parking areas, lighting facilities, utility lines, sidewalks, access roads, ramps, roof space, rest rooms and any areas which LESSOR provides for the common or joint use to tenants of the Demised Premises. LESSOR shall pay all charges relating to the Operating Costs of the building and property. Operating Costs shall mean the costs of operating, managing and maintaining the Common Area, including costs of insurance paid by LESSOR, all taxes, fees and assessments, including special assessments, imposed upon the Demised Premises, expenses associated with major equipment, component repair and/or maintenance of the Demised Premises (interior and exterior) and other expenses which relate to the entire Demised Premises. ARTICLE 5. 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 ofCoUier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the tennination of this Lease or any renewal tenn 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 pennit 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 6. 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 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to pennit any other persons 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 ""gnmon! of th;, LeMe 0' ,ublettmg of the ~"".ed 1'<""",. rJ' ~....,'---""'.- Insurance Agenda Item No. 16E4 January 10,2006 Page 5 of 6 ARTICLE 8. The LESSEE will at all times carry comprehensive general liability insurance in an amount not less that the sum of $1,000,000.00 single occun-ence, $1,000,000.00 aggregate. The cost of all such premiums on all such policies shalJ be paid and borne by the LESSEE, and the certifkate of such insurance thereof shall be filed with the LESSOR. ARTICLE 9. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at alJ 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 notke, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay alJ necessary cleaning costs and such costs shall constitute additional rent which shalJ be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 10. Default bv Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shaU constitute a default, LESSOR may, at its 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 con-ect such default). ARTICLE 11. Default bv Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shalJ 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 12. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shaH be in writing to the other party at the folJowing addresses: LESSEE: Board of County Commissioners c/o Real Estate Services W. Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 LESSOR: Mr. Roger Carvallo c/o Sun Real Estate P.O. Box 7714 Naples, Florida 34101 cc: Office of the County Attorney ARTICLE 13. Surrender of Premises LESSEE covenants and agrees to deliver up and sun-ender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier tennination as herein provided, broom clean and in as good condition and repair as the same shalJ 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 14. General Provisions LESSEE fulJy 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 ColJier 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 shaH 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. 3 ARTICLE 15. Radon Gas Agenda Item No. 16E4 January 10, 2006 Page 6 of 6 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 infonnation regarding radon and radon testing may be obtained from Collier County Public Health Unit. ARTICLE 16. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 17. 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: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk BY: AS TO THE LESSOR: DATED:~c, /:J-; ~Q':¡- ~~ 6--- y---- R ERC'AR 0 al~~- WITNE ignature) llJ/fj./:¡¡'gL 4, ~o wJ,'.-{G, p' Approved as to fonn and legal sufficiency: íÐ~ ~ - Thomas . ¡tr¡lmer Assistant County Attorney 4 ,.~'"".~._"'......._". <-....,;"'"'--"-.." Agenda Item No. 16E5 January 10, 2006 Page 1 of 2 .-............ EXECUTIVE SUMMARY Recommendation to approve an expenditure of $26,825 for emergency radio tower repairs following Hurricane Wilma. OBJECTIVE: Request Board approval of a $26,825 expenditure for emergency radio tower repairs following Hurricane Wilma. CONSIDERATIONS: On October 24, 2005 following Hurricane Wilma, Goff Communications was requested to provide assistance with repairs to antenna systems for Collier County's 800 MHz radio system. Goff Communications provides extensive support to Collier County's sole-source radio system vendor. The repairs included replacement of antennas and realignment of microwave dishes. Goff Communications provided one three man tower crew and four days were required to complete all repairs. This expenditure covers tower crew labor only. These costs and associated project worksheets have already been submitted to FEMA for reimbursement. ,,-- FISCAL IMPACT: Funds for Hurricane Wilma recovery were approved by the Board on November 15, 2005. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the expenditure of $26,825.00 for emergency radio tower repairs following Hurricane Wilma. Submitted By: John Daly, Telecommunications Manager ~. Item Number: Item Summary: Meeting Date: Aaenda Hem No, 16E5 .. January 10. 2006 Page 2 of 2 COLLIER COlJNTY BOARD OF COUNTY COMMISSIONERS 16E5 Recommendation to approve an expenditure of $ 26,825 for emergency radio tower repairs following Hurricane Wilma 1/1 0120D6 9:00:DO AM Executive Secrelary Date Approved By Mary Beck Administrative Services AdministratIve Servíce~ Admin 12121/20054:20 PM Barry A)t;elrod Information Technology Director Date Approved By Administrative Services Information Technology 12/22/200511:06 AM Scott Johnson Purchasing Agent Date Approved By Adrnínistr¡ttlve Services purchasing 12f27f2005 9:18 AM Mike Hauer Acquisition Manager Date Approved By Administrative Service¡; Purchasing 12/27/200510:39 AM Approved By PurchasingJGeneral Svcs Director Date Steve Camel! Administrative Services Purchasing 12/25/2005 6:49 AM Approved By PurchasingfGeneral $vcs Director Qa.. Steve Carnell Administrative Services Purchasing 12/25/20068'.49 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office 01 Management & Budget 12128120059:54AM Michaet Smykowski Management & Budget Director Da1e Approved By County Manager's Office Offíee of Management & Budget 12:f2812005 2: 11 PM James V. Mudd County Manager Date Approved By Board of County Commissioners County Manager's Office 12/30/2005 11 :21 AM '-"""'-""'';'''~'''''''''- Agenda Item No. 16E6 January 10, 2006 Page 1 of 48 - EXECUTIVE SUMMARY Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes, to contracts or work orders, that have occurred since the prior BCC approved amount, which are below the threshold limits as referenced above. r-- The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover period November 21, 2005 through December 16, 2005. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department .",...- .-..---.,....,'" ,-.. -,._._-_.,~.~. Agenoa Item No. 16E6 January 10. 2006 Page 2 of 48 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summa ry: 16E6 Meeting Date: Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. 1/10/20069:00:00 AM Prepared By Diana Deleon AdministralÍvc Assistant Date Administrative Services Purchasing 12/2:2120059:03:43 AM A P proved By Steve Carnell Purchasmg/General $vcs Director Date Administrative Services purchasing 12/22/20059:33 AM Approved By Steve Carnell Purchasing/General SVC5 DIrector Date Administrative Servic.es Purchasing 12f2212005 9;33 AM Approved By OMB Coonhnalor Administrative Assistant Dat" County Manager's Office Office of Management & Budget 12/28/2005 9:56 AM Approved By Michael Smykowski Management & Budget Director Date County Manag~r's Office Office of Management & Budget 12/30/Z0051:33 PM Approved By Jan\es V. 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'?c> I-~ LJ.~ , C"') :2' :x: 8 ü Q) c: rn c:-o 8 > ìü£D :§"U (¡; 8 1õ ~ 3:~ "' >- -J ~ Nëoð ~ 0 ¡g, 5.~ ~;;æ~8 ~:2Gðm ëÞ en c III .<: "" 'õ ~ I .~ ~ o I[) o <ñ o Ñ N '#. o I[) N N ~ ~ ~ N N ~ o o o o I[) ~ .". o o o o I[) -<i N .". o o o o o å N .". .¡¡¡ Q) ::J c- ~ fJ '» ë ::J o ü 1ií ~ ñ'i ::J tT ~ ::J fJ c: Q) .9 c: o t5 2 1i5 c: o u Õ fJ c: .Q Ü Q) C- OO .S ñ'i c: g '5 "0 CO Q) "0 '5 e C- O I- o o o o o å N .". c: ge» œ .~ ~:mÕ c: .S :x: ~E-O!D ü:~æJ ...... o .,¡. o ":'0 LJ.c> 'N ::2"" l?' 00 oo .¡!J '" '(3 o fJ fJ <I: g> oð 'ë g ß :Ë ~ >,0"1"""" ""0 -o";-lmt: ~ ~ ~~ (!)ICOo. .0.<:; 0 0000 ëÞ en c to .c o .... o 3: CI> .~ g¡ o I[) o M Ñ ~ C"') ü Q) B Ci [J) c: c= o N ~ Q) :5 .9 .S -0 .¡!J ~ o c. 5 ü .S [J) c: .¡¡; .Q -0 ¡:: '" ! o o 'õ CO Q) Ìii c: (¡; .<:; '5 o fJ Q) :5 .9 Q) ::J -0 fJ Q) ü '2: Q) fJ 'õ Q) C- O Ü "' -0 Q) -0 c: '" C- >< Q) c: '" ... .2 Q) -0 'j; e C- O I- CI> en c III .<: "" 'õ ~ CI> .~ ~ o CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No" 16E6 January 10, 2006 Page 9 of 48 PROJECT NAME: Collier Blvd. / Vanderbilt Beach Road - 16" FM PROJECT #: 73085/73086 BID/RFP #: 04-3680 MOD #: -LPO#: 4500037556 WORK ORDER #: N/A DEPARTMENT: Public Utilities Enaineerina Original Contract Amount: $ 886,487.56 (Starting Poìnt) Current BCe Approved Amount: $ 886,487.56 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 886.487.56 (Including All Changes Prior To This Modification) Change Amount: $ 57.968.96 Revised ContractIWork Order Amount: $ 944.456.52 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractJWork Order: $ 57,968.96 Date of Last BCC Approval September 28. 2004 Agenda Item # 16 (C) (2) Percentage of the change over/under current contract amount 6.54 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: April 25. 2005 CURRENT: November 1, 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. See attached Chanae Order JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? As-built conditions required adjustment to schedule of values. PARTIES CONTACTED REGARDING THE CHANGE: Belair Builders, Inc.. Bill Gramer. CH2M Hill IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) ..L Proposed change is consistent with the scope of the existing agreement -1L Proposed change is in fact an addition or deletion to the existing scope ..L Change is being implemented in a manner consistent with the existing agreement ..L The appropriate parties have been consulted regarding the change ..L Proposed prices, fees and costs set forth in the change are reasonable Date: Date: Revised 4/25/2005 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E~ January 10, 200êZ Page 10 of 48 -PROJECT NAME: North Naples Government Center PROJECT #: 52534-2 ßIDIRFP #: 04-3670 MOD #: .! PO#: 4500033103 WORK ORDER #: ~ DEP ARTMENT: Facilities Mana!!ement Original Contract Amount: $3.275.650.00 (Starting Point) Current BCC Approved Amount: $3.319.582.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $3.319.582.00 (Jncluding All Changes Prior To This Modification) Change Amount: $267.613.00 Revised ContractIW ork Order Amount: $3.587.195.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $311.545.00 Percentage of the. change over/under current contract amount: 8.06% Formula: (Current Amount I Last BCC approved amount)-l Date of Last BCC Approval 07/27/2004 Agenda Item # 10 N Percentage of the change over/under current contract amount ~ --J:7ormula: (Current Amount / Last BCC approved amount)-! Results and Actions: If the change exceeds 10% BCC pproval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: December 26. 2005 CURRENT: Mav 31. 200." ¡;í sUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional fill required for lake bank. additional concrete for footin s chan e exterior bandin revise ranite relocate electric anel add UPS for buildin Tax Collectors chan!!e. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) l Proposed change is consistent with the scope of the existing agreement l Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable '.PPROVE BY: : This form is to be signed and dated. Date: /1 / Z 2- / OS" Date: / ( /zJþ~ G:\Construction & Capital Items\52534 North Naples Gov. Services Cntr\Construction\Contract MOD Checklist Number 2.doc 111' .. ......'."~,, CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6 January 10, 2006 Page 11 348 PROJECT NAME: Vanderbilt Beach ParkinQ GaraQe PROJECT #: 90295 BIDfRFP #: 05-3800 MOD #: 4 PO#: 4500044388 WORK ORDER #:. nfa DEPARTMENT: Facilities ManaQement Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: $7,596,000.00 (Starting Point) $6,324,000.00 (Last Total Amount Approved by the BCG) $6,372,946,33' (Including All Changes Prior To This Modification) Change Amount: Revised ContractIWork Order Amount: ($16,353.65) $6,356,592.68 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: ($1,239.407.32) Percentage of the change over/under current contract amount: 0.52% Formula: (Current Amount ¡last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. Date of last BCC Approval June 14, 2005 Agenda Item # 16.E.6 CURRENT COMPLETION DATE (S):ORIGINAL: 12/7/05 CURRENT: 1/27/06 SUMMARY OF PROPOSED CHANGE (5): Identify the chanQes. PCO. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? The transformer has to be relocated due to the limited space available. the pipe bollards and ticket dispenser are not needed and the qenerator is required since FP&L has been unable to schedule providinq permanent power to the site. PARTIES CONTACTED REGARDING THE CHANGE: Purchasinq: Linda Best: Facilities: Skip Camp. Peter Havden: Rov McCracken and Blake Thomas (CH2MHiII): Elliot Hathorn (Walker Parkinq Consultants) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement -L Proposed change is in fact an addition or deletion to the existing scope -L Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable MENDATION' This form is to be signed and dated. Date: If I:~a /05 ~ I. Date: If (](/ ¡of Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6 , I January 10, 2006 í Page 12 of 48 PROJECT NAME: Golden Gate Parkway ILlv- 66 SU & 160 St - SSB) PROJECT #:600277 & 600275 BID/RFP #: 05-3832 MOD #: 2 PO#:4500047319 WORK ORDER #:N/A DEPARTMENT:ATM Original Contract Amount: S 405.776.90 (Starting Point) Current BCC Approved Amount: S 405.776.90 (Last Total Amount Approved by the acC) Current Contract Amount: $ 405.776.90 (Including All Changes Prior To This Modification) Change Amount: S 5.450.00 (BCC aoproved contin2encv) Revised ContraetIWork Order Amount: $ 411.%26.90 (Including This Change Order) Cumulative Dollar Value of Changes to this CODtraetIWOrk Order: S 5.450.00 Date of Last BCC Approval Mav 24. 2005· Agenda Item # 168-18 Percentage of the change over/under current contract amount 1.34% Formula: (Current Amount I Last BCC approved amount)-1 Results and Adions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contrad Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: November 16,2005 CURRENT: December 15. 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addlna davs to contract and due to Humcane Wilma .....tandina and re-stakina of Dlant materials. JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project? Addinas days to Hurricane Wilma and delavs with the electrical hook-uDs. This chanae order also adds the re- standina and re-stakina of the trees due to Hunicane Wilma in accordance with section H:26 IEmeraencies) in the contract PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Roaer Dick. Jorae Freire. Scott Windham. Gloria Herrera. Rhonda Rembert. Diane Flaaa. Nonnan Feder, and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable REVIEWED BY: MENDATION: This fonn is to be signed and dated. ate: 1/--28rq- Date: ¡d-A-a5 APPROVE BY: CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6 5 January 10, 2006 Page 13 of 48 PROJECT NAME: Livinaston Road fVBR -Immokalee) PROJECT #: 620717 & 620713 BID/RFP #: 05-3832 MOD #: a PO#:4500047308 WORK ORDER #:~ DEPARTMENT: ATM Original Contract Amount: $ 692.040.83 (Starting Point) Current BeC Approved Amount: S 765.040.83 (Last Total Amount Approved by the BCC) CunreDtContraet)Unount: $ 765.040.83 (Including AU Changes Prior To This Modification) Change Amount: S 12.830.00 (Continlrencv BCe aDDroved) Revised ContractlWork Order Amount: S 777.870.83 (Including This Change Order) Cumulaôve Dollar Valne of Changes to this ContractlWork Order: S 85.830.00 Date of Last BCC Approval June 14. 2005 Agenda Item # 168-2 Percentage of the change over/under current contract amount 1.68% Formula: (Current Amount I LastBCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC 01 Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (5): ORIGINAL: November 16.2005 CURRENT: December 15.2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. AddinG days to the contract and addina re- standina and re-stakina of Dlam materials due to Hurricane Wilma. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Addina days due to Hurricane Wilma and delavs with the electrical hook-uDS. This chanDe order also adds the re- standina and re-stakina of the trees due to Hurricane Wilma in accordance with section H:26 {Emeraencles) in the contract. PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Roaer Dick. Jorae Freire. Scott Windham. Gloria Herrera. Rhonda Rembert. Diane Flaaa. Nonnan Feder. and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NJA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change - Y _ Proposed prices, fees and costs set forth in the change are reasonable NDATION: This form is to be signed and dated. APPROVE BY: 1(--2-B~r- /17r-)°;5 Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6 G, January 10, 2006 Page 14 of 48 PROJECT NAME: U~ 41 North N'BR -Imm) PROJECT #: 600291 BIDtRFP #: 06-3830 MOD #: DEPARTMENT: ATM 2 POt:4500047281 WORK ORDER I:~ Original Co.tract Amoullt: S 277.7563.7 (Starting Point) Current BCC Approved Amount: S 277.7507 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 277.756.1.7 (Including AU Changes Prior To This Modification) Clumge Amount: s 0.00 Revised ContractlWork Order Amount: S 277.7563.7 (Including This Change Order) Cumulative Dollar Value of Cbaages to this ContraetIWork Order: S 0.00 Date of Last BCC Approval Mav 24. 2005 Agenda Item # 16B·18 . Percentage of the change over/under current contract amount 0.00% Formula: (Current Amount I Last BCe approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required: under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORlGINAL: November 16. 2005 CURRENT: December 15.2005 SUMMARY OF PROPOSED CHANGE (5): Identify the changes. AddinG davs due to delays with the water and electrical hook-UDS needed to comDlete the Droiect. JUSTIFICATION FOR CHANGE (5): What value or benefit do the.e change. provide to the project? Addina dav. to the contract. PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Jorge Freire. Mike McGee. Gloria Herrera. Rhonda Rembert. Diane FIaGa. Nonnan Feder. and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or NJA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: REVIEWED B . Revised 4/25/2005 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6 I January 10, 2006 r Page 1 5 of 48 PROJECT NAME: Santa Barbara Blvd. Force Main PROJECT #: 73132 BID/RFP #: 03-3534 MOD #: 4 PO#: 4500016141 WORK ORDER #: DEPARTMEN~ PUED Original Contract Amount: $ 6.126.324.00 (Starting Point) Current BCC Approved Amount: $ 6.479.573.99 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 6,895,361.00 (Including All Changes Prior To This Modification) Change Amount: $ 29,793.61 Revised ContractIW ork Order Amount: $ 6,925,154.61 (Including TIús Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ 7G9,~7.eO r¡rf) ~3 0/(0/ Date of last BCC Approval 9/23/2003 Agenda Item # 10 C Percentage of the change over/under current contract amount 6.88 % Formula: (Current Amount/ Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S): ORIGINAL: 4/26/2005 CURRENT: 2/13/2006 SUMMARY OF PROPOSED CHANGE (5): Identify the changes: Final Quantity balance for pipeline and Pump Station 3.13 JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Balance out discrepancies in material Quantities and labor due to ' underqround conditions PARTIES CONTACTED REGARDING THE CHANGE: Marc Lean and Roqer Howell (Greeley and Hansen) and Russ DeJonqe (Mitchell & Stark) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) X Proposed change is consistent with the scope of the existing agreement X Proposed change is in fact an addition or deletion to the existing scope X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change X Proposed prices, fees and costs set forth in the change are reasonable REVIEWED BY: ION: This form is to be signed and dated. APPROVE B . Date: 11/18/2005 Date: /~/c2l(J5' Revised 4/25/2005 Agenda Item No. 16E6 )J January 10, 2006 Page 16 of 48 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Davis Blvd. Ph. 1 IUS 41 - Almon Rd.) PROJECT #: 600981 BID/RFP #: 05-3830- R DEPARTMENT:AD1 MOD #: ª- PO#:4600047311 WORK ORDER #:N/A Current BCe Approved Amount: S 131.941.95 (Starting Point) $ 1~lø~c;. l;f5y77CJ~ /5 I!t-- (Last Total Amount Approved by the BCC) Original Contract Amount: Current Contract Amount: $145.770.15 (Including All Changes Prior To This Modification) Change Amount: $ 0.00 S 145.770.15 (Including This Change Order) Cumulaûve Dollar Value orChaages to this Contract/Work Order: S 13.8Z8.10 Revised ContractlWork Order Amount: Date of Last BCC Approval ...a-......I>.. 21. lOð5ß1Z-.Agenda Item # C 2 & c¡ 2 ~ Percentage of the change over/under current contract amount ~ Formula: (Current Amount I Last BCC approved amount)-1 ReslJlts and Actions: If the change exceeds 10°", BeC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S): ORIGINAL: November 16. 2005 CURRENT: Deceinbèr 7. 2005 SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Addina days due to Humcane Wilma. APPROVED BY: JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project? Addina days due to Hurricane Wilma delays. . PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen, Racer Dick, Joroe Freire. Michael McGee. Gloria Herrera, Rhonda Rembert. Diane Flaa9. Norman Feder. and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N orN/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change ate reasonable ON: This form is to be signed and dated. Date: 1¿-30/~ -..... Date: 1:;"-. j. -q:s REVIEWED BY: Revised 4/25/2005 ~ ",r. -.;;¡ Agenda Item No. 16E6 q January 10, 2006 Page 17 of 48 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Golden Gate Grade Seøarated Overøass - BIDIRFP': 04-3653 MOD': 07 DEPARTMENT:T.E.C.M PO#: PROJECT #". 60006 WORK ORDER #: Origioal Contract Amount: $ 35.397.385.35 (Staräng Point) Current Bee Approved Amount: $35.397.385.35 (Last Total Amount Approved by the BCC) Current Contract Amount: $35.397.385.35 (lnchxting All Changes Prior To This Modification) Change Amount: $0 Revised Contract/Work Order Amount: $ 35.397.385.35 (hícluding This Change <Jrdø:) Cumulative Dollar Value of Changes to this Contrad/Work Order: $ 0 Date of Last BeC Approval JulY 27. 2004 Agenda Item # 10 (ft PeR:entage Of the change overIunder cumtnt contract amount NIA Formula: (Current Amount I Last BCe approved amount)-1 Results and Actions: If the cha1ge exceeds 10% see approvat is required; under 10% reported to ace on Purchasing report. For specific information regarding 'M>rk order thresholds, please refer to the Procurement AdmirbiÞbation Procedures, Section IV.3.d CURRENT COMPLETION DATE (S):ORlGINAL: SeDternber 24. 2006: CURRENT: November 6. 2006 SUMMARY OF PROPOSED CHANGE (S): Identifÿ the changes. lA Land~ Red~iiD- 2A Sealer for cracks in box culvert. 3A Modifications to approve MOT at AiI:portlGolden Gate Parkway_ 4A Add new item for Relocation FloatinF Turbidity Barrier due to Hurri~~Addin~ Days. r"J ~ JUSTIACA TION FOR CHANGE (5): What value or benef"d: do these changes provide to the project? 1A To add additionaf pay items and alter existing quantities as per revised Irrigation Plan. 2A. To add new pay item for crack penetrant sealer, 495 LF used to date. Adding 1,000 LF for future cracking. 3A. To pay for requested å1anges at Airport Road and Golden Gate Parkway. . 4A. To add new item to pay for relocation of Floating Turbidity Bamer due to Hurricanes, 250 LF to be paid to Date adding 1,000 LFforfuture use. SA. Adding days to contract due to implement weather, as per specification 8-7.3.2RBœI~ Specifications. NOV 1 0 2QŒj (' Transportation Engineering [)epartme"t ~ .,; . .1' Agenda Item No. 16E6 q ,..~ January 10, 2006 0- .. Page 18 of 48 PARTIES CONTACTED REGARDING THE CHANGE: Reviewed and accroved bv Lvnn Thorce, P.E., Princical Proiect Manaaer T.E.C.M. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) LProposed change is consistent with the scope of the existing agreement Y-Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement L The appropriate parties have been consulted regarding the change LProposed prices. fees and cost set forth in the change are reasonable. PROJECT MfZR~CO~NDATION: This fonn is to be signed and dated. APPROVE Y: ~té)~ Date: I'" ~-Q4 ~ojecl Manager REVIEWED'BY: Date: COntract Specialist Revised 10/5/05 ..."~-_..._,,.,-,...,,",,~ <"'-'''''--~'. Agenda Item No. 16E6 10 January 10,2006 Page 19 of 48 Collíer County NCWRF Expansion to 24. 1 MGD - Liquid Stream Construction Contract Change Order No. l Item No. 8-01, Page 1 of2 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 8-01 AMOUNT OF THIS CHANGE $60,308.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 26,049,454.00 (STARTING POIN1) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 24,861 ,000.00 (LAST TOTAL AMT. REQUIRING Bce APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractIWork Order: $ 1,188,454.00 Percentage of the change over/under current contract amount 4.78% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contrací. Administration Procedures, Section "I.CA CURRENT COMPLETION DATE (S): SUBSTANTIAL: ORIGINAL: PROJECT FINAL: ORIGINAL: 3/16/05 6/14/05 CURRENT: CURRENT: 5/5/05 6/14/05 SUMMARY OF PROPOSED CHANGE (8): This item contains the following additional work: 1. Purchase and install three (3) new chlorine residual analyzers to replace existing analyzers at Chlorine Contact Basins Nos. 3, 4 and 5: respectively. Analyzers shall be as Micro2000 as manufactured by Wallace & Tiernan, Wall Mounted Arrangement, to measure Total Residual, with Liquid Reagents, Accessories (supplied loose), range of 0-10 mgll and meeting all applicable requirements of Contract Specification Section 17831. Detaifs of installation in the Filter 4/5 Sample Room shall be as directed in the field by the Engineer. 2. Purchase and install dilution water piping and connect same to the hypochlorite solution pipeline feeding Chlorine Contact Basins Nos. 3, 4 and 5. JUSTIFICATION FOR CHANGE (S): 1. The existing chlorine residual analyzers have a range of 0-5 mgll. Analyzers for tertiary treatment can typically be supplied with range of 0-5 mgll or 0-10 mg/I, since the compliance concentration for reuse is typically 1.0 - 2.0 mg/l. At the NCWRF, residual concentrations within the chlorine contact basins must sometimes be maintained above 5.0 mgll to ensure minimum compliance concentration is maintained. The existing analyzers will be removed, salvaged, and may be used at either or both of the County's water treatment plants. Revised 9/14/04 Agenda Item No. 16E6 January 10, 200(l 0 fj Page 20 of 4~ "\. Comer County NCWRF Expansion to 24. 1 MGD - Liquid Stream Construction Contract Change Order No.8 Item No. 8-01, Page 2012 2. Hypochlorite solution is injected in the filtered effluent just upstream of the chlorine contact basins. Hypochlorite solution is delivered by the chemical supplier at an active concentration of 12 percent. At this concentration, injection flow rates are relatively low. The addition of dilution water will increase the overall flow rate of hypochlorite solution. The increased flow rate will decrease the residence time of the hypochlorite solution in the distribution piping. With a shorter residence time, there will be less off-gassing of hydrogen from the hypochlorite, which will minimize piping leaks. The higher flow rate will also improve mixing energy at the point. Both items will improve plant operations and as such are considered an enhancement to the project. Revised 9/14/04 ,""'..0"",_,·._,.......----_..........,· .,. Agenda Item No. 16E6 January 1 0, 2~ ( Page 21 of141ß Þ. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BIDIRFP #: 02-3418 MOD #: 8-02 AMOUNT OF THIS CHANGE $15,744.00 PO #: 4500004112 Work Order #: NIA CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 26,065,198.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 24,861,000.00 (lAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this Contract/Work Order: $ 1,204,198.00 Percentage of the change over/under current contract amount 4.84% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section /lI.CA CURRENT COMPLETION DATE (S): SUBSTANTIAL: ORIGINAL: PROJECT FINAL: ORIGINAL: 3/16/05 6/14/05 CURRENT: CURRENT: 5/5/05 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Purchase and install additional hypochlorite piping, meters and diffusers at Chlorine Contact Basins 3, 4 and 5. JUSTIFICATION FOR CHANGE (5): Currently, hypochlorite is fed into the common filter effluent channel upstream of each chlorine contact basin. This duplicates the design of chlorine dosing to Chlorine Contact Basins 1 J 2 and 3 on previous projects. Operations staff reports difficulty in maintaining an even balance of hypochlorite dosing between the Ø'A" and "B" compartments. Proper hypochlorite residuals are paramount to maintain compliance with FDEP regulations. This change provides dedicated metering and diffuser feed points to the "A" side and "B" side of each basin. As such, this is a project betterment requested by Operations to reduce chemical consumption costs and improve process control to maintain FDEP compliance. The dedicated meters and pipelines are also consistent with Operations' long-term request to provide dedicated metering pumps to each GGB compartment under a future project. Revised 9/14/04 Agenda Item No. 16E6 , '^ January 10, 2006 Ve.. Page 22 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BIDIRFP #: 02-3418 MOD #: 8-03 AMOUNT OF THIS CHANGE $27,081.00 PO #: 4500004112 Work Order #: N/ A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 26,092,279.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this Contract/Work Order: $ 1,231,279.00 Percentage of the change over/under current contract amount 4.95% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4 CURRENT COMPLETION DATE (S): SUBSTANTIAL: ORIGINAL: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT: 5/5/05 CURRENT: 11/11/05 SUMMARY OF PROPOSED CHANGE (S): Purchase and install plant service water piping and from the main PSW piping loop to each of Mixed Liquor Recycle Pumps 4-1, 4-2, 4-3, 5-1, 5.,2, 5-3, 6-1, 6-2 and 6-3. The plant service water will serve as cooling water supply to the external water cooling system for motors driving each of the Mixed Liquor Recycle pumps at Aeration Basins 4, 5 and 6. Note that this work was authorized near the end of the project. In order to procure materials and complete the work, this item includes an addition of 76 calendar days to the contract time for Final Completion only, as shown in Attachment A - Contract Time Summary. JUSTIFICATION FOR CHANGE (S): An external water supply is required for the external cooling water jacket for each mixed liquor recycle pump motor. Although the external water cooling jacket was required from the pump manufacturer by the contract specifications, the water supply piping was inadvertently omitted from the contract drawings. Had this item been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. Revised 9/14/04 -- ~-~ - ~ .---.----- -'. .~........"._-"..._.~".".- Agenda Item No. 16E6 January 10, 2006, OJ Page 23 of 48 Q.. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BIDIRFP #: 02-3418 MOD #: 8-04 AMOUNT OF THIS CHANGE $6,485.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 26,098,764.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BCCAPPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,237,764.00 Percentage of the change over/under current contract amount 4.98% Formula: (Current Amount / Last BCe approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section "I.CA CURRENT COMPLETION DATE (S): SUBSTANTIAL: ORIGINAL: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT: 5/5/05 CURRENT: 11/11/05 SUMMARY OF PROPOSED CHANGE (S): Provide benched grading and rip-rap around the valve operators on new piping interconnects between each of the effluent storage ponds at the south end of the NCWRF site. JUSTIFICATION FOR CHANGE (S): The length of the valve operator extensions, from the elevation of the buried valve to a pre-determined height above grade, was based on available record drawing elevations of the existing grades and slopes of the raised effluent pond berms. When the valve operator extensions were installed and the valve operators were mounted above grade, it was discovered that existing grades in the areas of these operators were higher than that reflected on the record drawings. In order to provide safe and reasonable access to the valve operators, the berms in these areas will be graded in a benched/stepped fashion and rip-rap will be installed. The rip-rap will provide a firm walking surface in these stepped areas and will prevent erosion of the berm slopes. Revised 9/14/04 _.~._,---_.._-~._----_..- Agenda Item No. 16E6 , 0 0 January 10, 2006 ~ Page 24 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BIDIRFP #: 02-3418 MOD #: 8-05 AMOUNT OF THIS CHANGE $2,262.00 PO #: 4500004112 Work Order #: NIA CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 26,101,026.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this Contract/Work Order: $ 1,240,026.00 Percentage of the change over/under current contract amount 4.99% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4 CURRENT COMPLETION DATE (5): SUBSTANTIAL: ORIGINAL: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT: 5/5/105 CURRENT: 11/11/05 SUMMARY OF PROPOSED CHANGE (S): Install pavement striping and signage at the new, front entrance gate of the NCWRF site. JUSTIFICATION FOR CHANßE (S): The pavement striping and signage was inadvertently omitted from the Contract Drawings. Had this item been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-suml bid price for the overall project. Revised 9/14/04 .""""_..._,,,,.,,,,,,,,,.-.-..,._- ""~---'--"-" Agenda Item No. 16E6 b,., January 10, 2006' t". Page 25 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BIDIRFP #: 02-3418 MOD #: 8-06 AMOUNT OF THIS CHANGE $6,327.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 26,107,353.00 (STARllNG POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,246,353.00 Percentage of the change over/under current contract amount: 5.01 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA CURRENT COMPLETION DATE (S): SUBSTANTIAL: ORIGINAL: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT: 5/5/05 CURRENT: 11/11/05 SUMMARY OF PROPOSED CHANGE (S): Purchase and install a redundant (standby) effluent sample pump and associated piping for monitoring of effluent from the NCWRF MLE process train. JUSTIFICATION FOR CHANGE (S): Under the contract drawings and specifications, one sample pump has been provided for monitoring of effluent quality from the MLE process train. In the event the sample pump experienced a malfunction or failure, the design intent was that plant personnel would route effluent to the reject pond until the pump could be repaired or a replacement pump could be installed. Under this item, a redundant pump will be installed with connecting piping and electrical power supply. In the event of a pump failure, the operator will switch to the standby pump and maintain continuous flow to reuse. This provides additional reliability to effluent sampling and maximizes reuse water production. As such, this item results in a betterment to the project. Revised 9/14/04 Agenda Item No. 16E6 January 10, 2006 I Ó~ Page 26 of 48 .J CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 8-07 AMOUNT OF THIS CHANGE $ (-) 2,693.00 PO #: 4500004112 Work Order #: NIA CONTRACT AMOUNT: ORIGINAL $ 24,861,000,00 CURRENT $ 26,104,660.00 (STARTING POIN1) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCCApproval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this Contract/Work Order: $ 1,243,660.00 Percentage of the change over/under current contract amount: 5.00% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA CURRENT COMPLETION DATE (5): SUBSTANTIAL: ORIGINAL: PROJECT FINAL: ORIGINAL: 3/16/05 6/14/05 CURRENT: CURRENT: 5/05/05 11/11/05 SUMMARY OF PROPOSED CHANGE (5): Credit for deleting the removal of a segment of 30-inch diameter buried effluent piping that is no longer in service as a result of this project. JUSTIFICATION FOR CHANGE (S): Under the contract drawings and specifications, a segment of buried 30-inch diameter effluent piping is to be taken from service and removed from the site. The piping was abandoned in place in lieu of being physically removed. Excavation required to remove the pipe in question may have exposed nearby buried utilities. In order to ensure the integrity of the nearby existing utilities, and since the area in question will not be used as a corridor for future buried utilities, abandonment was chosen over removal. Revised 9/14/04 -- -- -~~-_._----_...'-""~-- ,,-,"--'-""';'''-"~ Agenda Item No. 16E6 January 10, 2006 10 '" Page 27 of 48 CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 8-08 AMOUNT OF THIS CHANGE $ 5,953.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 26,110,613.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $ 24,861 ,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractIWork Order: $1,249,613.00 Percentage of the change over/under current contract amount: 5.03% Formula: (Current Amount / Last BGG approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA CURRENT COMPLETION DATE (S): SUBSTANTIAL: ORIGINAL: PROJECT FINAL: ORIGINAL: 3/16/05 6/14/05 CURRENT: CURRENT: 5/05/05 11/11/05 SUMMARY OF PROPOSED CHANGE (S): This item provides additional programming for the automatic PLG control strategy for plant effluent compliance valves. Under the contract control strategy, the reuse control valves open and the reject control valves close once effluent quality returns to reuse standards. The additional programming incorporates a totalized flow value to delay the opening of reuse control valves until a predetennined volume of reject water is flushed from effluent piping between the chlorine contact basins and the reject control valves. JUSTIFICATION FOR CHANGE (S): The additional programming ensures that any reject water that remains in the effluent piping is flushed down the deep injection well with reuse quality water before allowing reuse quality water to be discharged through the reuse control valves to the reclaimed water distribution system. This portion of the PLC control logic was inadvertently omitted from the contract specifications. Had this item been included design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. Revised 9/14/04 ·.._____·_."....m.._..... Agenda Item No. 16E6 January 10,2006,0 ; Page 28 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 8-09 AMOUNT OF THIS CHANGE $ 3,978.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 26,114,591.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this Contract/Work Order: $ 1,253,591.00 Percentage of the change over/under current contract amount: 5.04% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA CURRENT COMPLETION DATE (S): SUBSTANTIAL: ORIGINAL: PROJECT FINAL: ORIGINAL: 3/16/05 6/14/05 CURRENT: CURRENT: 5/05/05 11/11/05 SUMMARY OF PROPOSED CHANGE (S): Under the terms of the current power agreement between Florida Power and Light (FP&l) and the County, the County must allow FP&l to remotely switch from FP&l's main power to NCWRF emergency generator power when power-related problems are detected by FP&L under their "load management" procedures. This item provides control programming and signal inputs and outputs required by Florida Power and Light to allow for FP&L to employ the remote "load management" switchover. JUSTIFICATION FOR CHANGE (S): The load management controls described above were not included in the instrumentation scope of the original contract documents. It was the Engineer's understanding that the remote switchover from utility power to generator power would be accomplished through automatic controls provided by the manufacturer of the plant's power distribution switchgear, as has been the case on recent similar projects. During construction it was discovered that the successful switchgear manufacturer's control package could not communicate directly with FP&L. As a result, the signals and control logic were provided through the plant's SCADA system by implementation of this change item. Revised 9/14/04 .__.~...... .__.__n <..~..._...._'.....,"'.-. Agenda Item No. 16E6 January 10, 2006 10 ì. Page 29 of 48 .J CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 8-10 AMOUNT OF THIS CHANGE $ 4,232.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 26,118,823.00 (STARTING POINlj (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING Bce APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractIWork Order: $ 1,257,823.00 Percentage of the change over/under current contract amount: 5.06% Formula: (Current Amount / Last BCe approved amount}-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA CURRENT COMPLETION DATE (S): SUBSTANTIAL: ORIGINAl: PROJECT FINAL: ORIGINAl: 3/16/05 6/14/05 CURRENT: CURRENT: 5/05/05 ii/ii/OS SUMMARY OF PROPOSED CHANGE (S): This item includes labor to remove; re-calibrate; and re-install the flowmeter on the common aeration air supply hear piping from a maximum range of 0-10,000 cubic feet per minute (cfm) to 0-15,000 cfm. JUSTIFICATION FOR CHANGE (S): The existing aeration air flowmeter was installed on a previous project and was calibrated to an initial flow range of 0 to 10,000 cubic feet per minute (cfm). Under this expansion, additional blowers have been added to meet the air supply requirements for new Aeration Basins Nos. 5 and 6. The increased air demand is greater than the current maximum range of the air flowmeter. This item increases the maximum range to meet the expanded air supply system capacity. This re-calibration requirement was inadvertently omitted from the contract specifications. Had this item been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. Revised 9/14/04 Agenda Item No. 16E6 January 10,200610 k Page 30 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BIDIRFP #: 02-3418 MOD #: 8-11 AMOUNT OF THIS CHANGE $ 3,789.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 26,122,612.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this Contract/Work Order: $1,261,612.00 Percentage of the change over/under current contract amount: 5.07% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4 CURRENT COMPLETION DATE (S): SUBSTANTIAL: ORIGINAL: PROJECT FINAL: ORIGINAL: 3/16/05 6/14/05 CURRENT: CURRENT: 5/05/05 11/11/05 SUMMARY OF PROPOSED CHANGE (5): Materials and labor to install additional bollards along the west side of the new standby diesel generator fuel storage tank, as requested by the County's Builder's Risk Insurance department. JUSTIFICATION FOR CHANGE (5): Traffic bollards were included in the bid documents on the north side of the fuel tank to protect the tank from impact from any vehicles that drive off the plant's main entrance road and into the fuel tank. Builders Risk recommended additional bollards to prevent a similar occurrence by vehicles that drive off the branch north-south road that runs to the west of the fuel tank. Had these bollards been included in the original bid, they would have been reflected in a corresponding increase to the lump sum bid amount. Revised 9/14/04 ,",",_~"""._,;o\,,,,;,,,,,_..,.,,, ~~"..,"--"--""~ -----------..- - Agenda Item No. 16E6 January 10, 2006 Page 31 of 48( 0 I. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BIDIRFP #: 02-3418 MOD #: 8-12 AMOUNT OF THIS CHANGE $ 1 ,898.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 26,124,510.00 (STARl1NG POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractIWork Order: $ 1,263,510.00 Percentage of the change over/under current contract amount: 5.08% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA CURRENT COMPLETION DATE (5): SUBSTANTIAL: ORIGINAL: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT: 5/05/05 CURRENT: 11/11/05 SUMMARY OF PROPOSED CHANGE (5): Replacement of contract-provided fire extinguishers in the new Generator Building Electrical Room with C02 type fire extinguishers. JUSTIFICATION FOR CHANGE (5): The change of type of fire extinguishers was mandated by the County Building Inspector as a condition of issuing a Certificate of Completion for the facility. The contract- provided fire extinguishers are being turned over to the County for use in other facilities. Revised 9/14/04 Agenda Item No. 16E6 '0 t-r) January 10, 2006 . Page 32 of 48 Collier NCWRF Expansion to 24.1 MGD - Liquid Stream Construction Contract Change Order No.8 Item No. 8-13, Page 1 of 2 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 8-13 AMOUNT OF THIS CHANGE $ (-) 949,540.00 PO #: 4500004112 Work Order #: NIA CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,174,970.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 313,970.00 Percentage of the change over/under current contract amount: 1.26% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA CURRENT COMPLETION DATE (8): SUBSTANTIAL: ORIGINAL: 3/16/05 PROJECT RNAL: ORIGINAL: 6/14/05 CURRENT: 5/05/05 CURRENT: 11/11/05 SUMMARY OF PROPOSED CHANGE (S): The original Schedule of Bid Prices included Item 2 - Contingency Allowance for unforeseen conditions during construction - in the amount of $1,181,000.00. During construction, a total amount of $231,460.00 has been expended. Substantial completion for the project has been reached, and there no further expenditures against the Contingency Allowance account are anticipated. In accordance with the Construction Agreement, any unused portion of the Allowance account shall be credited back to the Owner. This item includes the credit amount for the unused portion of the Contingency Allowance account, as follows: · Total Contingency Allowance account- · Portion of Allowance account used - · Unused portion of Allowance account - $1,181,000.00 $ 231.460.00 $ 949,540.00 JUSTIFICATION FOR CHANGE (S): Unused portion of the project's Contingency Allowance shall be credited back to the Owner at the end of the project in accordance with the Construction Agreement. Revised. 9/14/04 -."_. IN '(IV ~..~_.,"".,," Agenda Item No. 16E610 h January 10, 2006 Page 33 of 48 Cal/ier NCWRF Expansion to 24.1 MGD - Liquid Stream Construction Contract Change Order No. 8 Item N6. 8-13, Page 2 of2 PARTIES. CONTACTED REGARD'INS THE CHANGË: Project Deiivery Team {i.e. - NCWRF Plant Ståff, County Project Manager. Engineer, Contractor} IMPLENleNTA TION STEPS (Verify eath before prQceeding wjth ch~l1ge using Y, N or NlA) 'L Proposed change Is consistent WIth the scope of the exiSttngagl'êement ¥. PropO$edchange is in fact an addition or deletton to'the existing scope ~ Change is being Implemented in a manner consJstent with the existing agreement 1- Theappiopriate parties have-been consultedrégardlng the change T- Proposed prices, fees and costs setforth in the change are reasonable CONSgL T. IN.G ENGr~RJ,f\§.E~)1. .,' , MENDA TJON: ".. RECOMMEND: ~ f'L, .- Date: J.J ....t../- 0) DO NOT RECOMMEND: Date: PR.OJ.'.ECT. ........ MA.. NAG~~E~MM~~nO~J _ R£COMMEN[}, -u.:rt'¿\ .JLiLlfL t.C- DO NOT RECOMMEND: CONTRACT SPECIALI RECOMMEND: 00 NOT RECOMM Date: {( /«JO/ðj I I Date: Date: /~/ S7()S~ . Date: COMMENTS: Revised 9f14/04 Agenda Item No. 16E6 January 10, 2006 I \ Page 34 of 48 .r- CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Completion of the SCRWTP RO Expansion PROJECT #: 70054 BID/RFP #: 01-3194R DEPARTMENT:_PUED MOD #: 3 PO#: WORK ORDER #: Original Contract Amount: $ _3,000,000.00 (Starting Point) Current BCC Approved Amount: $_7,678,866.00 (Last Total Amount Approved by the BCe) Current Contract Amount: $_7,678,866.00 (Including All Changes Prior To This Modification) Change Amount: $ 223,607.69 $_7,902,473.J (Including This Change Order) q Cumulative Dollar Value of Changes to this ContractIWork Order: $_ 4,902,473.Qt( Revised ContractlWork Order Amount: Date of Last BCC Approval_9/28/04 Agenda Item # _101 Percentage of the change over/under current contract amount_2.9 % Formula: (Current Amount 1 Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S}:ORIGINAL: 8/1/05 CURRENT: 9/30/05 SUMMARY OF PROPOSED CHANGE (S): Increase level of project funding necessary for completion of the project. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? In accordance with contract section 2, subsection 8.5, Wharton Smith has incurred necessary project costs. A review of these costs has determined that they are fair and reasonable, based·upon current project conditions._ PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _y_ Proposed change is consistent with the scope of the existing agreement 3_ Proposed change is in fact an addition or deletion to the existing scope 3_ Change is being implemented in a manner consistent with the existing agreement 3_ The appropriate parties have been consulted regarding the change _y- Proposed prices, fees and costs set forth in the change are reasonable Date: Date: ~,--,.,_.... CONTRACTIWORK ORDER MODIFJCATlON CHECKUSTFORM Agenda Item N(t ?6E6 January m®06 Page 35 of 48 PROJECT NAME: Remodelina of the Medical Examiner Facility PROJECT #: 521q BIDIRFP 04-3658 MOD II:" PO#:4500035108 WORK ORDER II: DEPARTMENT: Facilities Orieinal Contract Ameunt: S 376,000.00 (StriDs PoiJá) S 376,000.00 (Last ToàII ADIOUIIt Appnwed by die BeC) $ 395,991.50 Curreat BCC Approved Amouat: Current Contract Amout: (IDc:ludiDs All CbæJges Prior To This Modifiœtiou) Change Amount: S l,oso.OO Revised ContractJWork Order AmoaDt: $ 397,"1.54 ~This Cbqe Older) Cumulative Dollar Value of Changes to dais ColltractlWork Order: $21,041.50 I Date of Last BeC Approval 9/14104 Agenda Item # 16 E 10 perœntage of the change overlunder current contract amount 5.60 % Formula: (CurrentAmountJ Last BeC approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCe on Purchasing report. For specific infonnation regarding work order thresholds, ptease refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPlETION DATE (S):ORIGINAL: 1/1412006 CURRENT: 212012006 SUMMARY OF PROPOSED ŒANGE (8): Identify tbe changes. Add painted drywall cbase around new ductwork servicing the vestibule. Also adding 7 days to the contract time. JUSTlRCA TlON FOR CHANGE (5): So the area can be cleaned easier. (Blood stains) PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce . Anthony Hamilton. EHC IMPlEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fad an addition or deletion to 1he existing scope _ Y _ Change is being implemented in a I1I81nef consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable DATION: This form is to be signed and dated. ~~ Date: l¿/ZÓ /M' I Date: r l-íui .:,1'/ APPROVE BY: Pro" REVIEWED BY: // Co L CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. !êf6 January 10,~6 Page 36 of 48 pROJECT NAME: RemodelinG of tile Mecfacal Examiner FacilitY PROJECT 'It. 52162 BlDlRFP 04-3658 MOD II: 5 DEPARTMENT: Facilities PO#:4500035108 WORK ORDER II: Current Contract Amount: $ 376,000.00 (StIItiøs PaiDt) $ 376,-'00 (Lut Taåd AmoaatAppnm:d by 1be BCC) $ 397,041.50 0....... Contract Amount: Current BCC Approved Amount: (JocIodiøs All CIJaases Prior To 1biI Mødifi~) Clwaae Amoaat: Revised CoDtractlWork Order Amount: $ 2,Ø5.00 Cumulative Dollar Valae of C' $ 399,136.50 (IacIoding Thìs ct.Dge Orda") to tbis CoDtractIW ork Order: $%3,136.50 I Date of Last ace Approval 9/14/04 Agenda Item # 16 E 10 Peroentage of the change over/under current contract amount % 6.15 Fonnula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% Bce approval is required; under 10% reported to BOC on Purchasing report. For specific information regarding worX order thresholds, please refer to the Contrad Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 1.1412006 CURRENT: 212012006 SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Paint Concrete floor in breezeway and courtyard area. JUSTIFICATION FOR CHANGE (8): To match the added vestibule area. PARTIES CONTACTED REGARDING mE CHANGE: Bob Pierce . Anthony Hamilton. EHC IMPLEMENTATION STEPS (Verify each bøfont proceeding with change using Y, N or NIA) _ y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fad an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the d1ange _ Y _ Proposed prices, feeS and costs set forth in the change are reasonable APPROVE BY: Proj REVIEWED BY: Co '-'" Date: "·-·""",,",0 IV- "lIMn'" CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No" 16E6 January 10, 2006, d Page 37 of 48' I PROJECT NAME: Vanderbilt Beach Road CR 882 PROJECT #: 63051 BIDIRFP #: 04-3675 MOD #: DEPARTMENT: T.E.C.M. r¡ POI: 4500031427 WORK ORDER #: OrigiDal Contract Amount: $ 37.604.910.53 (Starting Point) Correat BeC Approved Amout: $ 37.fi04.879.73 (LIst Total Amouøt Appmwd by the Bee) Current Coatraet Amouut: $ 37.604.879.73 (Including All Changes Prior To This Modification) Chu.e AmOUDt: $ 0.00 $ ø:mr 3~ ~O1¡ g-7ðfw 73 ~ (Including This Change Order) Cumulative Dollar Value ofCunges to this CODtractlWork Order: $ 30.80 Revised ContraetlWork Order Amount: Date of Laat ace Approval Agenda Item # ~ Percentage of the change over/under current contract amount 0 % Formula: (Current Amount I Last see approved amount)-1 Results and Actions: If the change exceeds 100Ál sec approval is required; under 10% reported to BeC or. Purchasing report. For specific information reganfmg WOf1( order thresholds, please refer to 1he Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORJGINAL: November 24. 2007 CURRENT: December 2. 2007 SUMMARY OF PROPOSED CHANGE (S): IdeDtify the changes. The contractor requested the utilization of the existing 48" RCP instead removing the pipe and placing the new drainage within the same location &om Sta.162+09.57 Lt. to Sta. 171+60 Lt. The remaining 48" RCP will be filled with grout úom Sta. 171+60 Lt. to Sta. 176+61 Lt. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The use a the existing 48- RCP provides a savinos to Collier County of $12,518.78.· The existing 48" RCP is 10' deep and woulc require a lane closure, and is also very close to the existing active 30" WM. PARTIES CONTACTED REGARDING THE CHANGE: Lyon R. Thome P.E.. PrinåD81 P: Man:. CoI~ Cou1 Transoortation Enaineerina & Construction Manaqement Deoartment.: Eddie Martin. P ~ Ma. CoII.:.J Coun_ Transoortation Enaineerina & Construction Manaaement Deoartment. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) ~ Proposed change is consistent with the scope of the existing agreement ~ Proposed change is in fact an addition or deletion to the existing scope ..L Change is being implemented in a manner consistent with 'the existing agreement ~ The appropriate parties have been consulted regarding the change ..1L Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This tonn Is to be signed and dated. APPROVEBY~: i ~ Deæ: /2-~¿ REVIEWED B _ -----'------ _ ate: i?---/7 /0::; ct Specialist I Revised 4/25/2005 -CBlVED DEC. 0 6 2DD5 ...~~tìon ..wfng DeParfrnent CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6 I ~ January 10, 2006 Page 38 of 48 PROJECT NAME: Goodlette-Frank Road Widenina PROJECT #: 60134 BIDJRFP I: 02-3424 MOD #: 17 POI: 4500002260 WORK ORDER #: NA DEPARTMENT: Transportation Engineerina and Construction Management Original Contract Amount: $ 12.495.051.66 t" (Starting Point) Current Bee Approved Amount: $ 13.35~929.29 v' (Last Total Amount Approved by the BCC) Current Contract Amount: $ 13.583.799.37 0/ (Including AU Changes Prior To 'Ibis Modification) Revised Contract/Work Order Amount: $ 31,641.34 $ 13.615.440.71 ./' (Including Tlùs Change Order) Change Amount: Cumulative DoBar V Blue of Changes to this Contract/W ork Order: $ 1.120.389.05 Date of Last BCCApproval December 16. 2003 . Agenda hem # 16 B6 / Percentage of the change over/under current contract amount 1.97 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S):ORIGINAL:· October 21, 2004 CURRENT: March 23, 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 999-046 - Added Ballards in front of Potable Water Interconnect System~ 999-047 - Added labor costs to remove old French drain system under new turn lane: 999-048 _ Added guardrail blocks on guardrail system where needed: 999-049 - Added labor to remove soil ane asphalt to install additional sidewalk: 999-050 - Added labor to remove soil around an existing ARV: 999-051 - Added work to relocate existing: ARVs: 999-052 - Added work to remove existing: conflicting striping. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project'1 999-046 - As per PUED request to protect new Potable Water Interconnect System: 999-047 - Removec in order to prevent possible future road failure: 999-048 - Were needed to aquire proper spacinQ of auardrail anc posts: 999-049 - Necessary in order to install new sidewalk not on plans as reauested bv Alternative Transportation Modes: 999-050 - As requested bv Collier County Water Department to abandon ARV; 999-051 - As requested bv Collier County Waste Water to relocate ARVs out of new roadway: 999-052 - Needed tc eliminate conflicting stripina where existina side road connected to the new roadway. PARTIES CONTACTED REGARDING THE CHANGE: CEI - Tom Deer and Dennis Dav (PBS&J): Contractor- Joe Minich and Joe Cothran (Aiax Pavina Inc.); Ron Dillard. Fred Sexton, Steve Naav, and Joe Thomas (Colliel County Utilities); Lynn Thorpe (TECM). IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed ch~nge is consistent with the scope of the existing agreement l Proposed change is in fact an addition or deletion to the existing scope Revised 10/5/05 _.~_._~- .......-,.......---... -Y- Change is being implemented in a manner consistent with the existing agreement -Y- The appropriate parties have been consulted regarding the change -Y- Proposed prices, fees and costs set forth in the change are reasonable Agenda Item No. 16E6 January 10, 2006 Page 39 of 48 15q PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. ø/t.- REVIEWED B . Date: December 2. 2005 ? .JJ~j ¡; Date: oI!lt U/I-f . O¡ dtJ/2!5 Revised 10/5/05 L CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6 1/ January 10, 2006 c:, Page 40 of 48 PROJECT NAME :Grey Oaks Public Safety Facility pROJECT #: 52008 BIDlRFP '03-3493 .MOD #: 14 POll: 4500013327 WORK ORDER # DEPARTMENT: Facilities Original CoDtract Amount: S 1,~,406.00 (StstiDg Paint) Current BeC Approved Amount: S 1,650,406.00 (Last TomI Amoaat Appnmd by the BCC) $1.J..~ l{cDtp.03G:..37 (I¡dudiøg AU CIJaDscs PriŒ To TIús ModificatjnQ) Curreøt Contract Amount: Change Amount: $ ø $1,706,036.37 (JncludìDs This Cbange <ìder) Cumulative Donar Value of Changes to this ContraetlWork Order: $ 55,630.37 Revised ContractlWork Order Amount: Date of Last BCC Approval 6/10103 Agenda Item # 16 E 6 Percentage of the change over/under current contract amount % 0 Formula: (Current Amount f Last BCC approved amount}-1 Results and Actions: If the mange exceeds 10% BCe approval is required; under 10% reported to BeC on purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S}:ORlGINAL 6/16104 CURRENT: 212612006 SUMMARY OF PROPOSED CHANGE (8): Change order # 14 increases completion 142 days. JUSTIFICATION FOR CHANGE (S): Due to the additional work required by the City of Naples for code upgrades and repairs related to Hurricane Wilma more time is required. PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce. SkiD GamD IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NlA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are f98sonable PROJECT MANAGER OMM A TION: This form is to be signed and dated. ~ Date: /?-/~~ Date: /19(0) APPROVE BY: proj REVIEWED BY: Co , _..___m".~'_ "."-..,-",--,,,,-_., ".~."._""",,,---_.,~, CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6 (1 January 10. 2006 Page 41 of 48 PROJECT NAME: Santa Barbara Blvd. I Radio Rd BID/RFP #: 00-3062 MOD Ii*(! co # 3 #: PROJECT # 62081 POI: WORK ORDER DEPARTMENT:_ TECM Original Contract Amount: $ _2,228,072.00 (Starting Point) Current BeC Approved Amount: $_3,735,963.00 (Last Total AmoWlt Approved by the BCC) Current Contract Amount: $_3,815,852.00 (Including All Changes Prior To This Modification) ChaDge Amount: $_0 Revised ContracUWork Order Amount: $_3,815,852.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $_1,587,780 Date of Last BCe Approval_Sept. 12,2000 Agenda Item #16(B}(22} Percentage of the change over/under current contract amount_O % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4, CURRENT COMPLETION DATE (S):ORIGINAL: May 17,2002 CURRENT: June 30, 2008_ SUMMARY OF PROPOSED CHANGE (S): Extending the contract duration through the end of June of 2008. JUSTIFICATION FOR CHANGE (5): The contract completion date of Oct. 28, 2005 applied to completion 01 the design plans. This date needs to be extended for a period of time in order to complete the following tasks: 1. Support procurement of all necessary permits. 2. Provide final noise wall designs. 3. Assist in preparation of final bidding documents. 4. Provide post-design services during construction (as currently detailed in the Seopeof Services). PARTIES CONTACTED REGARDING THE CHANGE: Rhonda Rembert, Jay Ahmad, Gary Putaanssu, WilsonMiller IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) - Y - Proposed change is consistent with the scope of the existing agreement - Y - Proposed change is in fact an addition or deletion to the existing scope - Y - Change is being implemented in a manner consistent with the existing agreement - Y The appropriate parties have been consulted regarding the change - Y - Proposed prices, fees and costs set forth in the change are reasonable Revised 4/2512005 PRqJECT MANAGER RECOMMENDA.TlON: This form is to be signed and dated. A~PROVEBY: ..-:--~ ~ Date: 1~/I.2/oS- REVIEWED B:roo, Dale: /&}5/115. Co ract Specialist ' I Agenda Item No. 16E6 January 10, 2006 Page 42 of 48 \IC\ Revised 4/2512005 CONTRACTIWORK ORDER MODIFICATION CHECKUST FORM 04J25J05 PROJECT NAME: Immokalee Road 5th Street Ditch Construction PROJECT #: 517252 Agenda Item No. 16E6 January 10, 2006/)/ Page 43 of 48 BIDIRFP #: 05-3803 MOD': ª PO,: 4500046741 WORK ORDER': N.A. DEPARTMENT: Storm Water Manaaement Original Contract Amount: $ 767.158_00 (Starting Point) Current BCC Approved Amount: $ 767.158.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 811.972.00 (Including AIl Changes Prior To This Modification) Change Amount: Revised ContractlWork Order Amount: $ (.) 19.215.00 $ 792.757.00 (Including This Clange Order) Cumulative Dollar VaJue of Changes to this ContractlWork Order: $ 25.599.00 Date of Last BCC Approval: Mav 10. 2005 Agenda Item # 16 B 1 Percentage of the change over/under current contract amount 3.34 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report, For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: November 28. 2005 CURRENT: December 12. 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To adiust the current Purchase Order in the amount of $19.215.00 to correct a mathematical calculation that was reflected in the oriainal Executive Summary and Bid Tab. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? It was discovered that a mathematical calculation was made bv the Contractor when their bid was submitted as the Low Bidder. This oversite was reflected in the tvped Bid Tab Summary and also in the Executive Summary which the Board of Countv Commissioner approved. A reouest has been made that the Purchase Order be adiusted to reflect the correct dollar amount for the Proiect. PARTIES CONTACTED REGARDING THE CHANGE: Contractor - Joel Chamber, Operations Manaaer Haskins. Inc.: Desion Professional-Georae Brinson Jr. P.E. Pitmann-Hartenstein & Associates Inc.: Jerrv Kurtz. Collier Countv Principal Proiect Manaaer: and Rhonda Rembert. Purchasino Department IMPLEMENTATION STEPS (Verify each before proceeding with change using.V, N or NIA) _ Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope _ Change is being implemented in a manner consistent with the existing agreement _ The appropriate parties have been consulted regarding the change _ Proposed prices, fees and costs set forth in the change are reasonable Agenda Item No. 16E6 (1 January 10, 2006 Q. Page 44 of 48 PROJECT MANAGER RECOMME DATION: This form Is to be signed and dated. APPROVE BY: GtP WG""<: r Proje REVIEWED BY: C tract Specialist --,------------~-_.._------_._--_.---_.._-_._._- -~"-"'_.,""'-- ..>._M'~_____""'" . CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6 January 10, 2006/(4 Page 45 of 4& ·f PROJECT NAME: SCWRF 2nd Floor Process Control Building Expansion PROJECT #: 725091 BID/RFP #: 04-3724 MOD #: 4 PO#:_ 4500039984_ WORK ORDER #: DEPARTMENT: Public Utilities EnQineerina Original Contract Amount: $ 689.000 (Starting Point) Current BCC Approved Amount: $ 689.000 (Last Total Amount Approved by the BCC) Current Contract Amount: S 752.299. 3..S- (Including All Changes Prior To This Modification) Change Amount: 5' 0 $ 752.299.25 (Including This Change Order) Revised ContractIWork Order Amount: Cumulative Dollar Value of Changes to this Contract/Work Order: $ 63299.25 Date of Last BCC Approval 11/16/04 Agenda Item # 16 (C) 6 Percentage of the change over/under current contract amount Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section "I.CA. o % 1/:Z3/tJf; CURRENT COMPLETION DATE (8): ORIGINAL: .:.t1 (Qß CURRENT: -t1ja.. rÞe:, SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Plumbina revisions which added lumbin fixtures to the sco e of work of this ro'ect " Costs for chan es are to be deducted from allowance. J '0 S8'. ,01 JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Cost effective to add fixtures as a part of this renovation. PARTIES CONTACTED REGARDING THE CHANGE: Desian professional and Lvn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable DATIØN: This form is to be signed and dated. Date: rz//S-/K Date: 1è7/IC7/ oS- Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6 January 10. 2006 ( Page 46 of 48 . PROJECT NAME: Twin Lakes Interconnect PROJECT #: 510054 8ID/RFP #: 04-3535 MOD #: 1 POI: 4500047036 WORK ORDER #: TIC - 110 DEPARTMENT: Stormwater Original Contract Amount: $ 618.829.00 (Starting Point) Current BCC Approved Amount: $ 618.829.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 618.829.00 (Including All Changes Prior To This Modification) Change Amount: $ 21.055.46 Revised ContractIWork Order Amount: $ 639.884.46 (Including This Change Order) Cumulative Dollar Valne of Changes to this Contract/Work Order: $ 21.055,46 Date of Last BCC Approval June 14. 2005 Agenda Item # 1689 Percentage of the change over/under current contract amount 3.40 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S):ORIGINAL: December 12.2005 CURRENT: December 12,2005 SUMMARY OF PROPOSED CHANGE (5): Identify the changes. materials Address utilitv conflicts and chance of JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? An additional $21,055.46 is necessary to pay for the relocation of a watermain due to conflict with the proiect as well as the cost of chancinQ the pipe type from a 42" ADS to a 42" RCP. PARTIES CONTACTED REGARDING THE CHANGE: Other project manaaers. immediate supervisor, Dou~:dass N. Hiaains. Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope y"'Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: Date: November 28. 2005 REVIEWED B . ate: 1~-~-ø3 Revised 10/5/05 "·;·_·,",.,,·__~__r_·;'··""·;·· CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6..., January 10, 20060" Page 47 of 48 PROJECT NAME: City / County Water Interconnect at Davis & Lakewood Blvds. PROJECT #: 70040 BID/RFP #: 00-3119 MOD #: ~PO#: 4500027359 DEPARTMENT: WORKORDER#: HM-FT-04-02 Original Contract Amount: $ _30,500~00 (Startingl):oint) Current BCC Approved Amount: $_N/A (Last Total Amount Approved by the BCC) Current Contract Amount: $_33,006.00 (Including All Changes Prior To This Modification) Change Amount: $_6,040.00 Revised ContractIW ork Order Amount: $_39,046.00 (Including This Change Order) G-e.~s -Ikh lqo,øt'~ Ih"~¡:ik) Cumulative Dollar Value of Changes to this ContractIWork Order: $_8,546.00 Date of Last BCC Approval_N/A Agenda Item # _N/A Percentage of the change over/under current contract amount_28.0 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section /lLCA. CURRENT COMPLETION DATE (S):ORIGINAL: N/A CURRENT: N/A SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Provide additional inspections of construction. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Insure aualitv of construction. PARTIES CONTACTED REGARDING THE CHANGE: Desion consultant. Project Manaqer IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NIA) - Y - Proposed change is consistent with the scope of the existing agreement - Y - Proposed change is in fact an addition or deletion to the existing scope - Y - Change is being implemented in a manner consistent with the existing agreement - Y - The appropriate parties have been consulted regarding the change - Y - Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVED BY: Date: 12..- :2-t:) c;- REVIEWED BY: Date: J ;Z - s:- () s;- Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E6. January 10, 2006 Page 48 of 4~ PROJECT NAME: COPELAND -REZONING PROJECT #: CD 02-20 BfDIRFP.: 01..329Q MOD 1r.1. POt: 4500030648 WORKORDER#: QGM..FT -04-01 DEPARTMENT: OSHa (HousinaSection) Original Contract Anaount: CurteI1t Bee Approved Amount: $ 20.000 (b~) (StIIrting Point) $ (Last Total Amount Approved by the BCC) Current Contract Amount: $ 20.000 (Including AU Changes Prior To This Modificafion) CbangeAmount: RevisedContrø.ctIWork Order Amount: $ 24.500 $ 44~SOO (Including This Change Order) Cuanulative DoUar Value of Changes to this Contract/Work Order: $ ~ ðr4, ~ L. J"B Cdte of Last Bce Approval: CooeJand Action Plan 4/1312005 Agenda Item # 8-A Resolution 2004-111 perce", ofthecf1aooe .over1~n.f current contract amount 122.5%. % foni'lU1a: (Curœnt Amount I LastBCe approvedamount)-1 Results and Actions: If the change exceeds 10% BCCapprováJ is .requir:ed; under 10% reported to BCe on Purchasing report. For specific information regar:dìngwork orderthf'Ø$hoJds. please refer to the Procurøment Administration Procedures, Section IV.3.d CURRENT eOMPLËTION ,DAre (S~;ORIGINAL: Never determined CURRENT: On GoinaPerm1ttina SUMMARY OF PROPOSED CHANGE (S): Identify th.e changes. Scope of work was E"J)anded,_the southern portion of CopeJand was added to the rezoning project. JUSTIFICATION FOR CHANGE (S):What value or benefit do these changes provide to the project? The area of wort for Cooelandrezonlna was emanded. Instead of lust the northern portion of Copeland..,the southern portion wa&added. PARTIES CONTACTED REGARDING THE CHANGE: Linda Best. Julia Langhom IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N/A) Y proposed change is consistent with the scope of the existing agreement Y proposed <:hange' is in fact an addition or deletion to the existing scope Y Change is beir"lg implemented'in amannèf consistent with the existing agreement ! The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in thé change are reasonable PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. APPROVE BY: . AtkC:/t:-- Date: (v/'r2--ír~ P ec na ?::it A ,r REVIEWED BY: ' Date: / J (IV Co r$l S I alist ~ ' _._.."~,._,,_.....---,,",. ..-- Agenda Item No. 16E7 January 10, 2006 Page 1 of 63 ....'~ EXECUTIVE SUMMARY Recommendation to approve change order number two (2) Exhibit E in the amount of $232,608.59 under contract number 04-3709, construction services of Emergency Medical Services (EMS) Facility 19 with Brooks and Freund, LCC. OBJECTIVE: To obtain Board approval for change order number two (2) with Brooks and Freund, LCC in the amount of $232,608.59. CONSIDERATION: On September 14, 2004 (agenda item number l6-E-4) the Board approved the award of bid number 04-3709 in the amount of $942,430 to Brooks & Freund, LLC for the construction of EMS Facility 19 located at 4590 Santa Barbara Boulevard. The notice to proceed was issued on January 26, 2005 with a commencement date of March 1, 2005 for the construction. Brooks & Freund, LLC applied for the building permit on January 25, 2005 and received final approval on October 17, 2005. Change order number one (1) in the amount of $20,570.00 was approved in March 2005 to furnish and install a wet pipe sprinkler system for the building. The building code changed between the time the project was originally designed to when it was bid out which resulted in the addition of the sprinkler system. - Change order number two (2) is required for price increases to labor and materials from when the project was originally bid in August 2004 to when the building permit was approved in October 2005. Brooks & Freund started the site work with the site development plan approval in April 2005 and could not proceed with the vertical construction of the building until the building permit was approved in October 2005. FISCAL IMPACT: Funding in the amount of $232,608.59 is available in fund 350 construction of EMS 19 (project number 520071). The source of the funding is EMS impact fees. GROWTH MANAGEMENT: This request IS consistent with the County's Growth Management Plan RECOMMENDATION: That the Board of County Commissioners approve change order number two (2) for construction services of EMS Facility 19 in the amount of $232,608.59 with Brooks & Freund, LLC. PREPARED BY: Peter S. Hayden, P.E., Senior Project Manager Department of Facilities Management ,,-.. .,......"....."""""..II11II.......,,..,,,'",,, Agenda JtemNo.16E7.. .' Janu~XXn10, 2006 E-Matled To Bonnie: Tuesday, December 27~ 2 of 63 ...~ I I I I ! Date: Tuesday, December 27. 2005 .".,,:"j~.iIII.!__.'I Project Name: Emergency Medical Services (EMS) Facility 19 Project Number: 52007-1 BIDIRFP #: 04-3709 Mod#: 2 PO#: 4500039673 Work Order Number: NA Contractor/Consultant: Brooks and Freund LLC Original Contract Amount: $ 942.430.00 (Starting Point) CutTent BCC Approved Amount: $ 963.000.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 963.000.00 (Including All Changes Prior To This Modification) Change Amount: $ 232.608.59 Revised ContractIWork Order Amount: $ 1.195.608.59 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 253.178.59 Percentage Of The Change Over/Under Current Contract Amount: 24.15 % Overview of change: To provide for material and labor pricing increases, The building permit was submitted on January 25, 2005 and the approval was October 17,2005. During the interim time preliminary site work was done. Construction costs (material and labor) have risen significantly between the time of building permit submittal and receipt. This change order allows price increases for thirty one (31) line items as originally bid. Also included in this change order is a completion schedule adjustment, the co tract is 9,eing extended until September 29, 2006 to allow for the time delays in securing the building permit. Scanned Date: .) Data Entry Information: Date: !l--¿7 -ôÇ" Contract Speciali Type of Change: Contract Project Manager: Peter Hayden Department: Facilities Management Change Category Type, Circle One Below: I I $L 3. Quantity Adjustments 4. Correction of Errors 5. Val ded~ 6. Sehedule AdjuStmeats ' ~~W^_._. CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E7 January 10, 2006 Page 3 of 63 PROJECT NAME: Emereencv Medica] Services (EMS) Facility 19 PROJECT #: 52007-1 BID/RFP #: 04-3709 MOD #: ~ PO#: 4500039673 WORK ORDER #: ~ DEPARTMENT: Facilities Original Contract Amount: $942.430.00 (Starting Point) Current BCC Approved Amount: $963.000.00 (LBst Total Amount Approved by the Bee¡ Current Contract Amount: $963.000.00 (Including All (]¡anges Prior To This Modification) Cbange Amount: $232.608.59 Revised ContractIWork Order Amount: $1.195.608.59 (Including This (]¡ange Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $253.178.59 Percentage of the change over/under current contract amount: 24.15% Formula: (Current Amount /LastBCC approved amount)-I Date of Last BCC Approval 09/14/2004 Agenda Item # 16 E 4 Percentage ofthe change over/under current contract amount 24.15% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section IILCA. CURRENT COMPLETION DATE (S):ORIGINAL: March 1.2006 CURRENT: September 29. 2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Price increases for materia]s and labor, JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The buildine: code chane:ed between the time the project was orie:inallv deshmed to when it was bid out which resuJted in the addition of a sprinkler svstem. The buiJdine: permit was submitted on Januarv 25. 2005 and was approval on October 17. 2005. Construction costs have increased si!!nificant]v due to the lene:th of time is has taken to secure the buildine: permit from the date the proiect was awarded. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hoven. Skip Camp. Linda Jackson Best. Bonnie Baer IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement , l Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable PROJECT ~A/ R ~COM1\fEND~N: This form is to be signe~ and dated, APPROVE BY: .. y "~-t Date: /.z/2.( / oS- ~. 6J REVIEWED BY: Date: /0 ¿ 7/v :{ Con . G:\Construction & Capital ltems\52007 EMS Station 19 (Santa Barbara)\Contract Mod Brooks & Freund Change Order 2.doc Agenda Item No. 16E7 January 10, 2006 Page 4 of 63 EXHIBIT E CHANGE ORDER CHANGE ORDER NO. Two (2) CONTRACT NO. 04-3709 TO: Peter S. Havden, P.E. Collier County Government Department of Facilities ManaQement 3301 Tamiami Trail East. Buildina W Naples, FL 34112 DATE: December 21, 2005 PROJECT NAME: EmerClencv Medical Services (EMS) Facilitv 19 PROJECT NO.: 52007 Under our AGREEMENT dated December 8. 2004. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Price increases in material and labor for the proiect FOR THE (Additive) Sum of: $232,608.59 (Two Hundred Thirtv Two Thousand Six Hundred EiQht and Fifty nine cents) Original Agreement Amount $ 942.430.00 $ 20,570.00 $ 232.608.59 $ 1,195.608.59 Sum of Previous Changes This Change Order (Add) Present Agreement Amount The time for completion shall be (increased) by 155 calendar days due to this Change Order. Accordingly, the Contract Time is now Five Hundred Seventy EiClht (578) calendar days. The substantial completion date is AUClust 1, 2006 and the final completion date is September 29. 2006. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: 1'2. - 2. '2- ,2005 CONTRACTOR: OWNER: Richard Freund Brooks & Freur1,íÍ) LLC ~~,.,e"" Pp(oiat;on Road ~t ,"A~3912 By: _. I <..-( r /. Richard Freund /' .~ , BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY'~~S ;hf 'Z/~1f?j- Peter S. Hayden, P.E. B~~~ -Ðavîd Bl!mesflerger. BSSW Architects "t::Þ.tJ1 e.L- ~Wirn~. GC-CA-E-1 -- ,--' :: .---:- :'>: r ': :.'"!:~,. ¿;;~~ -, ":-,-:'''., '"_: ,r.~,.. . :.,.... -......~_r......".'..·~'....... ~ ¡. "~... ~._'" ,,....'":'..,..."'....~: ~.....,. G:\Construction & Capital Iœms\52007 EMS Station 19 (Santa Barbara)\EXHIBIT E Change Order 2.doc ¡;:- __ .~..,u·_,,___~·_,·,__ Agenda Item No. 16E7 January 10, 2006 Page 5 of 63 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E7 Meeting Date: Recommendation 10 approve change order number two Exhibit E in the amount of $232.60859 under contract number 04-3709, construction of Emergency Medical Services (EMS) Facility 19 with Brooks and Freund. LCe 1/10120069:00:00 AM Approved By Unda Best Contracts Agent Date AdministratiVß Services PUrt hasing 12í28/2005 10:58 AM Approved By Skip Camp, C.F.M, Facilities Management Director Date Administrative Services Facilities Management 12/28/20054:20 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 12/29/2005 9: 14 AM Approved By SIeve Carnell Purchasing/General Svcs Dìrecto( Date Administrative Servìces Purchasing 12/29120059:14 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 12130/20058:21 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12130/20051;16 PM --~~~ _.....~~ Agend9, No. 16E7 J~ r~,Â006 age ~3 1IIr. ..... -~..., LU:: cøarumoø... · GEEW. COIIT1IAfJTOIII 1II:.IR1i1!i December 19,2005 Peter S. Hayden Collier County Facilities Management 3301 East Tamiami Trail Building W Naples, FL 34112 Re: Collier County EMS Facility #19 Project No. 52007, Contract No. 04-3709 Purchase No, 4500039673 Dear Mr. Hayden & Ms. Jackson: Linda Jackson Purchasing Department 3301 Tamiami Trail East Bldg. G Naples, FL 34112 Per your discussions with Richard Freund and Jack Jamme, of Brooks & Freund, LLC., we have compiled the list of subcontractor cost increases and backup documentation to support the cost increases that have occurred since the signing of the contract agreement for this project. The cost increases below include and supersede the previously submitted costs increases sent to you on June 20, 2005. SUBCONTRACTOR COST INCREASES SCOPE OF WORK 1) Engineered Surveying 2) SiteworklGrading/Paving 3) Utilities 4) Irrigation I Landscape 5) Fencing 6) ConcretelMasonry 7) Precast Concrete 8) Rough Carpentry 9) Wood Framing Material 1 0) Wood Trusses 11) Finish Carpentry 12) Insulation 13) Roofing 14) Aluminum Fascia & Soffit 15) Doors & Frames 16) Overhead Doors 17) Windows & Glass 18) Door Hardware 19) Lath & Plaster ~ ."01_ _ ~ .-",,,,,," SUBCONTRACTOR Johnson Engineering Griffith Paving BJ Enterprises Blue Heron Sunrise Fence Southwest Canst. D& J Arch. Precast DPI Suncoast Cont. Supply Raymond Building Supply Jeff Pickett Rice Insulation D. Peck Roofing Jeff Morrow Suncoast Cant. Supply Best Rolling Door Action Glass Fields Door & Hardware SAM Dywall Inc. ADDED COST $ 660.00 $ 40,262.50 $ 34,776.25 *'II $ 3,476.00 * $ 2,760.00 $ 41,445.00 $ 793.00 $ 2,477.00 * $ 6,251.17 * $ 213.61 $ 1,560.00 $ 2,908.00 $ 6,991.00 $ 795.00 $ 3,322.00 $ 2,880.00 $ 4,370.00 $ 0.00 * $ 4,637.00 20) Metal Framing! Drywall 21) Ceramic Tile 22) Carpeting 23) Painting 24) Flagpoles 25) Signage 26) Roll Down Shutters 27) Window Treatments 28) Fire Sprinkler 29) Plumbing 30) HV AC 31) Electrical SAM Drywall, Inc. Philbin Brothers Philbin Brothers Tim Moore Painting ABS ABS Rolsafe International Wallpaper World CT Fire Protection Acres Plumbing D&D EES TOTAL SUBCONTRACTOR COST INCREASES Agenda Item No. 16E7 January 10, 2006 $ 13,545.00'age 7 of 63 $ 1,170.00 $ 175.00 $ 960.54 $ 552.00 $ 281.00 $ 0.00 ** $ 161.00 * $ 4,675.00 * $ 2,300.00 * $ 2,897.00 $ 10,694.00 $197,988.07 * Brooks & Freund, LLC has also incurred cost increases to specific general conditions items needed to construct the project. I have listed the items below and the increased cost. GENERAL CONTRACTOR COST INCREASES · Increase direct labor cost for project superintendent. (Labor rate increase, health insurance increase) · Increased cost for temporary portolets on the project. (Cost has increased from $75/ week to $85/ week. · Increased cost for debris removal, dumpster pulls. (Cost increase from $200 / pull to $250/ pull) · Overhead and Profit ($197,988.07 in increased costs X 10%) TOTAL GENERAL CONTRACTOR COST INCREASES TOTAL INCREASE FOR GC & SUBS $10,500.00 $ 250.00 $ 1,200.00 $ 19,798.81 ** $ 31,748.81 ** $229,736.88 ** INCREASE OF BOND RATE AT 1.25% $ 2.871.71 ** ~ S. ,.v¡.1"~ TOTAL INCREASE TO PROJECT COST $232,608.98 ** t"-.--. i "S- . S-, I z,. ~'" We greatly appreciate your consideration of these increased costs to the project and should you need any other information or paperwork, do not hesitate to contact me. Items with 2 ** have been revised per Linda's most recent email of December 16, 2005. Cordially, Timothy P. Kelley Project Manager ....."....'..,.... ........ v.... .....~ ..uø....,..""..,..u olVlU'''U,' J:.1'<bJ.J'I.t..t..t't 9A\().~' ..,. 0 $AV4,Jr Agen6 Item N~ (¡I~~7 :January 10, 2006 Page 8 of 63 SINCE' 1946 .- JO· HNS(þN ENGINEERING October 14,2005 Mr. Eric Brooks Brooks and Freund~ u.c 6281. Metro Plantation Road Fort M)'Cl"S, Florida 33912-1260 Re: Survey Layoul- Collier County EMS- Santa Barbara. 13lvd. Dear Mr. Brooks: Johnson Engineering, Inc. is pleased to provide this proposal for the following surveying services at the above referenced project. The followmg is a breakdown of construction staking services that we \viJ1 provide with the estimated cost: I. Stake and grade building envelope for fill : $260 2. Stake and grade building envelope for construction: $450 3. Stake and grade parking and roads for fill: $2,100 4. Stake and grade parlång and roads for asphalt: $3,200 5. Stake drainage structures with offscts: $750 6. Stake detention ponds and bc:nns: $850 7. Foundation location and elevation certificate: $650 8. Stake and grade sewer and water facilities; $600 9. '"As built" drawings of improvements: $1 ,300 Total: 510.160 \ ~, \\) ~ r-I~ I '-Jo. I ptc::::spoS~ { G. .c; C) c..) t .. 1.......~r.ctSe $' bbO . 235C Srnnford Cc)L!Tt . Naples, Hnrida 34112 IÎ~r.:n 4<.á rYl'l'2 _ 1:_... '..,~n' lI'lA n~"1',", ~U/~~/ua UO.~~ rhA ~J~~J~~~.U JUttN~UN LNGIN~~K Agenda Item N~~7 January 10, 2.pctØ Page 9 r/f ~ October 14, 2005 Mr. Eric Brooks Page Two (tems Not Included: a. hrigation lines; b. Column Lines; c. Landscaping; d. Light Poles; This estimate is based on completing the job with a three- man crew staking each item one- (1) time only. It is also based on an AutoCAD compatible computer file of the boundary and site civil drawings being provided by the client. Any re-staking or additional staking not in the scope of this proposal will be charged at our standard per diem rate. The staking will be supervised and certified by a Professional Surveyor and Mapper. This correspondence is not a contract and does not obligate Johnson Engineering to provide any ser-vices unless and until a formal contract (Agreement) is fully established by an parties. If you have a!JY comments or questions regaIding tlús proposal, please call me at (239) 434-0333. Sincerely, JOHNSON ENGINEERING, INe. ~va£~~ BanyE. Syren, P.S.M. Stuveying Manager BESlbes SUM:YI'<:bIO¡40S.;> ........ ,L." "V v...,. "".., ....n.A "vD"~.ø",,_,, "'V.Ill,':'U¡, l:.!'õbJ.Nt:..t:.1't Agenda Item Næ ¥~~7 January 10, ~~~~ Page 10 0r!í RATE SCHEDULE Effective July 5, 2005 PROFESSIONAL SERVICES Principal S 170.00 Per Hour Principal Lsndscape Architect $ 150.00 Per Hour F..ng.ineer VIII .$ 150.00 Per Hour Landscape Architect V $ 120.00 Per Hour Engineer VIr $ ·140.00 Per Hour Landscape Arc1ritect IV $ 1.10.00 Per Hour EDgineer VI ,$ 130.00 Per Hour Landscape Architect m $ 90.00 Per How: Engineer V $ 120.00 Per Rout' Landscape Arclritect n $ 80.00 Per Hour. EDgineer IV $ 11 0.00 Per Hour Landscape Arc:h.itect I $ 68.00 Per Hour BDgineer !ntem m $ 100.00 Per Hour F..ngÙleer Intern n $ 90.00 Per Hour Principal Ecologist $ 150.00 Per Hour Bngineer Inter.n I $ 80.00 Per Hour Ecologist m $ 11 0,00 Per HoUl' Ecologist II ,$ 100.00 Per Hour Project Direclor $ 130.00 Per Hour Ecologist I $ 88.00 Pa Hour Senior Designer S 120.00 Per Hour Designer m $ 100.00 Per Hour Expert Witness ,$ 220.00 Per Hour Designer n $ 80.00 Per Hour Designer I $ 70.00 Per Hour SutVtyor and Mapper I:V $ 130.00 Per Hour Surveyor and Mapper ill S 110.00 Per Hour Technieian IV ,$ 88.00 Per Hour Surveyor and Mapper IT $ 100.00 Per Hour Technician m $ 68.00 Per Hour Surveyor and Mapper I $ 90.00 Per Hour Tcclmicia.n n $ 58.00 Per Hour TeclmicUm. I $ 48.00 Per Hour Two Man Field Party $ 110.00 Pa Hour Three Man Field Party $ 130.00 Per Hour Hydrogeologist N $ 120.00 Per Hour Four Man FIeld Party :5 150_00 Per Hour Hydrogeologist ill $ 110.00 Per Hour GPS Mapping Grade; ODe Man Party $ 80.00 Per Hour ( HydrogeologIst n $ 88.00 Per Hour GPS Mappmg Grade: Two Man Party S 120.00 Per Hour .1ydrogeologist I $ 78.00 Per Hour GPS Mapping Grade: Three: Man Party $ 150.00 PeT Hour GPS SUIVeyU1g Grade: One or Two Man Party $ 150_00 Per Hour Environmental Scientist IV $ 88.00 PerHam GPS Swveymg Grade: Three Man Party $ 160.00 Per Hour EnViromncDtal ScIentist IU $ 68.00 Per Hour ·.tbreeHan Vsc-Tron Crew{4 bour minTrmlm) $ 220.00 Per Roue Environmental Scientist II .$ 58.00 Per Hour Enviromnental ScièntÍst I $ 48.00 Per Hour Geograp1ùc Infon~ation Systf!ll1S COIlSultant $ 150.00 Per Hour Principal Planner II .$ 150.00 Per Hour CONSTRUCTION OBSERVATION SERVICES Plincipal Planner I $ 130.00 Per Hour Senior Project Engineer $ 150.00 Per Hour Senior Pl:umer $ 120.00 Per Hour CODSlmctian Observation Ser'\o'Íces Ma.nager .$ 130.00 Per Hour EDviroJUtlCIltal Pla¡mer $ 95.00 Per Hour Project Engineer .$ 110.00 Per Hour Plsm1er ill $ 95.00 Per Hour Office Engineer :$ 98.00 Per Hour Plarmer IT $ 85.00 Per Hour Senior Construction Observer S 78.00 Per Hour P I8III1cr I $ 75.00 Per nour COl1Struct:ion Observer m S 68.00 Pcr Hour PlanDing Technici2D II $ 70.00 Per Hour Construction Observer II :$ 58.00 Per Hour Pl31U1ing Tedmician r $ 60.00 Per Hour Construction Observer I S 48.00 Per Hour Residenl Compliance Officer (RSO) $ 58.00 Per !lour REIMBURSABLE EXPENSES Materials Cost+ 10% Sub-Consultant Services Cost + 10% -- -.... -- _ _. __ ... ~&..I&. _vø..".."'u,",V <1uæ,,:,u¡, l:J'IulJ'I!:.!:.K Agenda Item ~.u~E7 January 10, 2006 ATTACHMENT·l Page 11t~ CONSULTANT'S HOURLY RATE SCHEDULE Effective July S, 2004 PROFESSIONAL SERVICES Principal S 154.00 Per Hour Principal Landscape Architect S 144.00 Per Hem Engineer vm $ 144.00 Pa- Hour Landscape Architect V $ 114.00 Per Hour Engineer vn; $ 134.00 Per Hour Landscape Architect IV S 104.00 Per Hour &gineer VI S 124.00 Per Hour Wdscape .A.tchitect ill $ 84.00 Per Hour Engineer V $ 114.00 Per Hour LaDdscape Arcbitect n $ 74.00 P e:r J3:our Engmcer IV $ 104.00 Per Hour LandSC8.~ Architect I $ 64.00 Per Hour Engineer Intem m $ 94,00 Per Hour Engineer Intern IT $ 84.00 Per Hour Principal Ecologist $ 124.00 Per Hour Engineer Intern I $ 74.00 Per Hour EcologistID $ 104.00 Per Hour Ecologist II $ 94.00 Per Hour Project D:ircctcr S 124.00 Per Hour Ecologist I $ 84.00 Per Hour SeJJior Designer S 114,00 Per Hour Designer ill $ 94.00 Per Hour Expert WitneSs $ 210.00 Per Hour Desjgn.er n $ 74.00 Per Hour Designer I $ 64.00 Per Hour Surveyor and Mapper TV $ 114.00 Per Hour Surveyor aDd Mapper m $ 104.00 Per Hour TecbDician N $ 84.00 Per Hour SutVeyof and Mapper IT $ 94.00 Per Hour Teclmicia11 m $ 64.00 Per Hour Sum:yor and Mapper I $ 84.00 Per Hem Tp~mnr.iB'1 n $ 54.00 Per Hour Technician I $ 44.00 Per Hour Two Man Field Party $ 104.00 Per Hour ~e MIlD Field Party .$ 124;00 Per Hour Hydrogeologist IV .$ 104.00 Per Hour Four M2D. Field Party S 144.00 Per Hour Hydrogeo1ogist m $ 94.00 Per Hour GPS MappÌDg Grade: One ~n Party .$ 74.00 Per How Hydtogcologist II S 84.00 Per Hour GPS Mapping Grade: Two Man Party .$ 114.00 Per Hour 'qydrogeologist r S 74.00 Per Hour GPS Mapping Gtade: Three Mm Party $ 144.00 Per How GPS Surveying Grade: One or Two Man Party $ 144.00 Per Hour EnviroDJDelltal Scientist IV S 84.00 Per Hour GPS Survcymg Grade; Three Man party 5: 154.00 Per Hour Envitonmental Scientist ill $ 64.00 Per Hour "'I'hme Man Vac- Tron Crew (4 bour nñ"imnm) $ 210.00 Per Hour BnvÏronmen1al Scientist II $ 54.00 Per HOlJl Envirom:nent:ù ScieIttist I $ 44.00 Per Hom GeograpbW Infonnation Systems Consultant 5: 124.00 Per Hour Principal Planner n $ 144.00 Pa Hom CONSTRUCTION OBSERVA.TION SERVICES Principal Pla:cncr I $ 124.00 Per Hour Senim Project E13gÍJ1Cer S 144.00 Per Hour Senior Planner $ 114.00 Per Hour Construction Observation Services Mana.ger $ 124.00 PCI' Hour ~P13lmer $ 94.00 Per Hour Project Engineer S 104.00 Per Hour PlaImer m $ 84.00 Per Hour Office Engineer $ 94.00 Per Hour Planner n $ 74.00 Per Hour Semor Constrnction Observer S 74.00 Per Hour P1æmer I $ 64.00 Per Hour Construction Observer m $ 64.00 Per Hour Planning Tecbnìcian n .$ 64.00 Per Hom Constrnction Observer n .$ 54.00 Per Hour P1anning Tcclmician I $ 54.00 Per Hour Construction Observer I $ 44.00 Per Hour Resident Compliance Officer (RSO) $ 54.00 Per Hour REIMBURSABLE EXPENSES Ma.teria1s Cost + 1Q% Sub-Ccm.roltant Services Cost + 10% -,- -.-- ~----_..- ..-. _.---'-_..._-'~-----,--------, , ~GRIFFITH (--~PAVING +Z3994S04D3 . T-£f-ien~~~~~., ~OOß . ~ bJóìJ-/~lto..J..;'1 /1¿,i~cR" 63 '., Asphalt Paving" Site work NOV-ID-ZD05 D4:Z8PM FROM-GRIFFITH PAVING November 9, 2005 BrooJcg & Freund 6281 metro Plantation Road Ft. Myers~ FL 33912 RE: EMS #19 Price Increases Attn: run Kelly Our prièe increases for this projects are as follows: \. 3,90Scy fill plus trucking @$8.50 Fuel increases for site work 17364sf paving 39cy concrete 33,192.50 3.905.00 1,,215.00 1,950.00 Total price increase is $40,262_50. Please issue a change order for this amount Thank you, ~~~ ~a Rascber or- \., \.......c;., l ; ~v l1$" ¿.. d f í (c¡e. p (' , c...c.. fit:( ï I~ c:; I ¡ 2."31 trz..l. "fó f '1(J I 262.56 }~ , NC. r e.., ,. e ....... 10<4·61 Southland Drive · Bonita Springs. Fl 34-135 · Tel; (239) 949-0400 · Fax: (239) 949-0403 WININ.grimthpaving.com FH)~ ~~J. : 12397315205 Lic... 2Ø ¡(Q~fdðftè~t;. 16é7 /)lil:¡1~ S ~~ ~º3)7~~3 Item # Description auantiiv Unit Prìce Total ; 1 ¡ 2 , . 3 4 5 8øwer $18 59- *, , ',r. :,:i.} e Water ,. S11,426~'C 7 Fire 526.35': .2S e Drllinaga 514 183.OC./ 9 Foreemaln .¿ .1$23, 913i. 00; 1D MobDlZatlon .A "'// ./~OO.QO~ 11 .A ~ Ï1 --=> I ì 12 .q \(' - ~^ ¿ \.~ 13 \ .r "J '!:.. ~~ _h.. ~h/,\1f. ....,~ .\ ~ ·Y r7Y¡ /~/ ~··t;l 14 .- I 15 61 \ '-"; \ " /: '/ .4"1 ~ . / ., - ~ '; 16 J fI (\.v ". t. ~. '/ ., lY/ 17 ~ .J r ~ i/ / ~I'U' ./- -----... ¡ 18 f'4 ' " .\\f\~ h û'L( , I 19 . r ~\L.- q\ /' Y ""' j .> ! I 20 ,t-J rV/ A\n' I 21 \ IJ.¡j' / ; \ \~ X \;\' 22 (/ .'v \ , ~1\.,~ \ 23 / l: 1. '1-)' 1\ .J :.\-1 .\\1' , I 24 NOTE: Due to unstable pipe prices. pipe distributors will only ~, IJ .' / 25 hold prices for 10 days & shipped in 30 days. Pipe price will be ,/ 26 negotiable at the time of a contract. \ / 27 Not in contract: Construction Stake Out: Rock or unsuItable ~ ~ material that cannot be dug out with a 1 1 (2 yd machine; 28 Densities: Electric at Llftstation Densities: Electric at LlftStation 29 Panel: Permits bv Others Prices Quoted effective 30 davs, 30 31 Total $97,043.76 - 32 33 34 35 :!6 37 38 f r:n I I ~RGM .:.:, ENTERPR1S=S~ lNC. ) 13 Jy!!~~ry:.~~e':~',,!~C 8102 Grady Drive North Fort Myers. FJ... 33917 Office 239·73J~2J33 Fax 239-731-520~ WI 11'1 ølelllllla lubml1lh1s job estimate· ) ) \..j l./. o: i8rD11ICS & FreulU!, LLC. ! Job: EMS· 19 Facil/ly --! Ena: I i DIIe: Auaust 10,2D04 ¡ Rewia!ld: OctDber 20. 2004 i i R.glon fo , ! r8VÎsion; Prictng ; , Jab ¡ Description: UUlities .' FROM :B.J. ENTERPRISES, iNC. -'-j i~) ':J FRX NO. :12397315205 . 0 fJ.. Ii Enterp:r~ses, 111c . --.. . - '. - . -. .". "I . ........;;of"/ ~¿;.:J::I' L oIt'-··.JrL·:Þ~· .If $. ~;S"lv '\..'\>:~_.-.:.:... . ...... 8102 Grady DI'¡ve North Fort Myel"s, FL 33917 Office 239-731-2333 Fax 239-731-5205 We Ire pieae d to submit tnis job øslimate; Item" DescriPtion 1 2 3 4 5 e 7 B B 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 /' Sewer ~. ~ Water ./ Fire ./" Dralnage-/"...........' r- Foreemain/'\ q 2.0,? !..¡Y C.?- Mobilization I ~. -. -. ~.:::.~'":.;-- ,.........a-.c.:.'.-."'.1I\o.,. Oct. ÞÌA~ð'aJtè¡"4~'W~ 6~1 (.,( ~ 'J,åf~1~06 30.- ~ '\ FSá~iKJf 63 To; I BroolcS & Freund, LLC. Job: EMS . , g Facility Eng: Dale: Augusl10, 2004 ~ ReVls.d: October 20, 2001" '" Reason for revision: PricIng Job Daacrtptlon; Utilities l'fuantltv Unit Price Total . .. ..... / /~:076.00X I I \ $12,552.00 .... $32'B17'OB~~ $17,335.00r:7 . \ $35 ~...ð.,... . / '~ ~ .~-~ ....",.. ~ '--" , \~ ~~ ¡"-7~~13,13. ?"t -, ....-......- :~ +~ -:'~~"" :"":".....--.~ Total . .. ..... NOTE: Due to unstable pipe prices. pipe distributors will only hold prices for 1 0 days & shipped in 30 days. Pipe price will be negotiable at the time of a contract. Not in contract: Construction Stake Out: Rock or unsuitable materIal that cannot be dug out with a 11/2 yd machine; Densities: Electric at LiftStation Densities: Electric at LiftStation Panel; Permits by others Prices Quoted effective :30 davs. -- 5135,803.79 / ~ A&enda Item NN '6E7 r1' vv.?~'¡)'" ("1-1;)$( ,?J~uary 1Oß006 .-1--' ''f- . Page 15 of 63 ( { . . Blue Heron Irrlgatlon Irrigation Contractors C~mmercial / Residential / Goif Courses A; t(eQuestina Change Order :·:'~'::~::~··:~~~":~f~j~9:k~*~g&i%~~~~~¡~ft4~@.%~@~®:?lff:~fttf:wt:j~\ !¥~it;:~~f@i&MK{¥;:;Y;W!f:Iir@:;f;sœ,j[@Y@jtmr;;u?;:· B rooks & Frau nd EMS 1 9 '-' - - - - - - - P eggy Martin Sa nta Barba ra B fvd -- -- - - - - -- 93 9-5 1 1 7 Collier Co u n ty ~Jt~~~~t4if~~1it.~t¥~t**f.¡1~~Ei@*1#:@tff~~~~~?~&~! f:~lft~~&f~~f~~$;~~"~WWfW~~f,f!W~?{~~}:~:~:;iRt~]Œ;SW-~~n~~~it:';}~i~;~l;~~: Jeff Moole I REV 8121103 t.-1 & L·3 I Slue Heron irrigation proposes to furnish materials and labor necessary to complete the fo!lowing: Origìnal Bid Change Order Total LANDSCAPING: Price Increase for Material $8,100.00 $1,224.00 $9,324.00 SOD: Price Increase for Fuel $7,377.00 $1,452.00 $8,82&.00 ( IRRIGATION: Price Increase from Material Suppliers and Pipe Prices. $3,700.00 $800.00 $4,500.00 ( Or 1,( {t44 \ eør <-ct s e ~ tv~vJ $19,177.00 $22,653.00 LY¿ -- All matl/rial is guenlntee c /o'C'~' ~. '"''' ., ,0 f> compl~ted in a sub::..'¡¡nUaI workmanlike manner aCCOrding to specifications submitted, per standard practices, Any alteratfor¡ or riel'iatio~ from ebûllG specifications jnv.?í~'jr,g extrc c'Jst wiJ¡ be·&Xf:Cliled only uparr written orders, and wfl/ bscome án f*x/ra charge over and above the estimate. Any and aN comrrJ:memts may be effec16rf by strik/is, ecc:idents ::1' J;,¡lays bEyond our cont'O!. Our ltorters ..ra fully covered by Workers Compensation Insurance, Blue H<:ran W<lm:!r:ti;¡S def¡;.cUve mõ!en"cl end wO;-'''f11;n~hip for ons- fulf year. Maf/¡J!i3cfures warrænty on $þfJcffic parts mi!JY be in excess ot one year. It this proposaf includes a ".'!'IIf, BJ;n Heron 1$ not re~po"'Ûbft;J IeI' the quantity orqtÆflty otwater. or emy óa.r11age dorla by tl1e ,'.'eight ol/he dri/ílng equipment. Any electrical connection~ mf.!st be prt)~'ided by Ç)W!,~t: and should ocm.si¡sr of outle/s or q-.:f::k disconnects. .40 invok:e~ are dua ilpo.., cor.-'¡;:stfvn of the job as spec:iried. A 2% finance charge wl11 be assessed to any unpaid balances after 30 œys pest due. In the event or ø í2ws"ltali Isgal F~e¡; /iirs psy¡!ble by the der.maar¡(, Robert Q. Lemon 1117/2005 Date Acceptance of proposal The libt've prices, SþacifiCðtkms anti conditions are satisfactory and are hereby accepted. Yw ùr& ai.rthGrTZfJd fa dr; the ìA/orf·: Sp'3;;¡!!gd~ Pdjme:~t will :Jtt a~ ou!iined above. CusîOO1er Date l!.u.~8/IPD _..-~--- Offices ir. Fo~ ,\1yel'S, '/en¡Ce & i3radenron ~ )360 Metro Plantation Road c Fort Myers. Florida 33"912 . (941) 275-1711 · fAX (941) 275-4426 Agenda Item No. 16El" . .... January 10, 2006 SUNRISE FENCE &. CONS'lRUCTION CO. OF S. W. FLORIDA. INC. '. . Page 16~3 P.O_BOXIS1867CAPBCOR.AL.FL33915 ~ ' 11_ CHAlUJBS TERRACE S.£., Fr. MYERS, FL 33907 r:t/..Jð.A Í'¥' PHONE (239) 275-9606 FAX (239) 275-9447 I HI"" LH::»/:;'/'(.Jt:. r r-n^ Jl'l Ol::i ëUUU ë:"tbl""n BID PROPOSAL NO. . "'QUALITY PENCE AT A QUAUTYPRICT' n:NCE CONTOtJJl WIda 01"BER BILL TO . - ---9A1'Ei ~S';tJ ,q ~~ FENCE~ ~ .--..----. PERIl fEE - -INCLUOED.Y',"-- "' ---- -- w;oe Co' ~ ... 42,} ~ o í '5 1,1"",1 pr I~~ IV ~.....v p r tQe:. {2~5D ~~5~D ( N e-f<!A 5C jj ?-ibO MAY BE wrm DRAWN BY US IF Nor DAYS. I HEREBY CERTIFY THAT J HAVE READ AND AGREE TO ALL THE SPECIFICATION 1ERNS AND CONDmoNS ONnDS CONTRACt INCLUDING TIroSESHOWN ON11J REVERSE SIDE, AND HAVE RECEIVED A CONTRACT copy OF SAME, I ACICNOW- .IBDOE THAT nus ORDER. IS NOT CANCElLABLE EXCEPT WITHIN 72HRS. OF DA: AND THEN ONI.. Y BY WRmNG OR IN PBRSON. 1..- (PVRCIIA.SER) X (DATE) X . '·"~_'_""""_"·"'~m""""_"'_'''''"'''''_''""'- .... 8681 Glen Lvon Covrt P.O. Sox 81388 Ft. MVWI1l, FL 33&08·1386 VcicI: 239.76B.11963 FIX: 239. 76S.;9~ W8b:www.lcuthwe~ccnstrUction.nst a Agenda Item No. 16E7 / f ,I, .~ nua 10,2006 ",,-l»" C..,(~l it.,· µ"..; t,~. . ( pa~ of 63 BaD PROPOSAL PROPOSAl5VBMlliED TO: PHONE: Brooks & F~UTJ~,llC 259-9~9-5251 ATTNI J08 NÁME: . El"ic: Brooks CoHic!" CD. EMS #19 'M H£RE8V 5VßMITTHf fOl.LDWING P,Q,OPO.5ALAS PER SPEQFICAOONS FO.Il: FAX.: 939-5117 . 'PATE: 10./21/05 LOCATION, N¡¡pJe$.Á. DATE. PAAWINGS; CONCRETE, MASONRY. &' REBAR. SID rNCLUDES: 1. .LAYOUT FROM :£NaNffRS 61Jft:DiNG CORNfF.S 2. FOOTERS AND COLUMN PADS ( EARTH FOR.MED , 3. 5TEMWAU, '( 2 & Z ) COVR5.E), GP.DV1W SOUP 4. 4' & 6* SLA8 ON GRADE. WITH 6XbI2.0 tr 12Xf2 55/5.0 WIREMESH AND 6-M'l VlsaVEEN,SAWcvrs 5. S' MASONRY WITH GROvr AS NOTED, STANDAIU' PRECA5TSfLLS~ lINTU5 6. CONCRETE TlEBEAM5 AND COLUMNS .7. 5JDEWAOO& .0.$, F.W' AS SHOWN, GENfRATOR."ÞAV,HSErnNG flAG POLE 8. 5ITT1NG EMBEI/51N CONCItETE CMArERJAL5VPPLlEP BYOTHER.SJ 9. ~E!SAR (tABO~ANI/ MA'T'ER/Al) ( 10. SCAFFOLDING ANP HOISTING FOR OVR SCOPE OF WORK. BID EXCLVDE5: SPECIAL FLOORSEALEP.S ON APPARATIJS SAY. SPEClAlSIlL5.A1.L ROCK, REMOVAL SOIL POJ50NJNG, WATERPR.ooflNG. DAMPPFDOANG, DEWATERiNG, PEMOLlTiON, MISC. METALS, ANCHOR BOLTI, 5TEEL. COLVMNS, CAVLKING AND SEALANTS. FUtE~fING, H.M. FRAMES ([.ABOl<. 8{ MATERlAU, TRASH REMOVAL FROM SITE, PAVERS.. PAv.ER BORDERS. LW. CONCRETE, LIGHT POLE BASES, FIASHING,ARCHJTEOVRAL PP-ECA5T (LABOR -& MATÐJAL.). 5PECIALTY BLOCK OR. CAST STONE, B(jCJ<. LICHrvvE·JGHT BLOCK, HI-STRENGTH BLOCK,. ß.l.OO<. !N5VLATION, BUJLDER.S RJSK INSURANCE, PERMANENT BRACING OF M.A5ONP..Y WALLS, CONCRETE CVR.BS, CONCRErE AR.CHES, PRECAST COPING, SIGN AND BOND. PRICE GOOD FOR. 10 DAYS FROM ISSUANCE. l Ó~¡ . WE HER.EBY Pll.OP05E TO FVR.N'~H MA rERJAL AND WOR. COMPLErE IN AC;C;ORDANCE WJTH THE A60VE SPECIFICATIONS FOR. THE5VM OF, $146,585.00 PR.ICE IS BASED ON BIUI NG OF THE 25TH WITH PA VMENT IN THE FOUDWING MONTH 1011-1 P'RDx, ItETAJ NGE AT 10%, REDVCED TO 5$ UPON STRVCT\/lV\l COMPl£IlON. THE &ALANCE AFrER. DR.YWALL AND ffi)CCO ARE COMPLETE. ~ \O~l 190 hBL C re.·u (' # Ltt ~~5 Pt .fr;re.N C. <:;> 7QnOM ~rllt:t ~QOZ . LZ'¡~O Oct.30.2005 9:20AM ( ~~eÍ1tiåDltem !No. n 6E7 January 1 o~ ~006 Page 1 \gf:J/ . . ..~ ·Construction Services, Inc. 8.58J GLENLYONCOURT.,FT~FL 33912 P.o. BOX61386FORTMYERS. FLORIDA 33906-1386 PH: 239-768-996J FAX: 239-168-9964 Prom tlie o.fjù:e o.f. Jolin Curcio FAX COVER PAGE Døte:JO/3f/05 ...-..,.....- -. -::.-..-....-......- .~'_....... ---.-.- ..---..- -- - -~--_..-. - ',--' - - - - -- -.,-. -. - - _. - ,- -- - - - - . - .;-. To: Peggy MCllfln 239·939-5117 Ref: ColHer Cty. EMS-FIRE STATION * 19 Number of pages Including cover: _'_ Peggy, Based on cun-ent market Prices, the fo{(owing ;s partial list of prictng differences bef\Neen Aug. 2004 and January 0 1,2006. Jon. 2006- aug. 2004 .J- Concrete I $ 98.00 - $ 57.00) 250 cyds x 41.00= $ 10,250.00 Block I $ 1.40 - $ .88} 6200 block x ..52= $ 3,225.00 Rebar ($ 9OOJton- $425 J 20 Tons x $475 = $ 9.500.00 Fuer Surchorges passed on by suppliers = $ 2,500.00 Accessories(Wrre Mesh. Visqueen.precastEtc) = $ 5,250.00 Soles tax on Price increases = $ 1,850.00 Labor Increases{lobor and Jobor btJrdsl11f 10%} = $ 4.000.00 Overhead and Profit (15%) = $ 5,500.00 Total increases $42,075.00 0. · 10/28/2005 FRI 13:56 FAX Agenda Item NO.I~JUU?II U U 1 January 1 0, "Z6~~ \ Page 19 of t, tJ ( :.1T4·~fj&f::~~:·;·!~f:.:,gf:/i.':fi:~·{ijff1if/~:;~'¥.i;"f!t.rfi~~~~:Wi!.;?r:f~~J~~~~~~t~~~· .~~¥~~}'~f&~;~~~~li~~f~~§{;l~~?l1R~fl~ì~~~~~· October 28, 2005 Brooks & Freund 5661 Independence Circle Suite 1 Ft Myers FI. 33912 (239) 939-5251 Fax (239) 939-5117 Re.: EMS 19 Facility Subj.: Concrete & Masonry Bid Attn.: Peggy Martin We propose to provide the cast in place concrete. masonry, and reinforcing steel for footer through tie beam b¥,~e_d 0!l the pl.ans by BSSW Arc~it~c:s.~~~~!2/~_'/~2~as follows: ( Cost for above (good for 90 days) Includes eart~ formed footers, tooled joints at apparatus bay. Excludes driveways. $228.000 Additional costs for 4" broom finish walks, drives, and pads $ 3.50 I Sf Initial compacted fill is to be at top of footers and back fill to bottom of slab, by othsrs. Excavations in rocky/time rock fill and footer forms, if required, are additional, extra. We require temporary utilities, equipment access, by others. We wi1l furnish a generator, If required, for $500.00 per week. We are excluding any rock removal. rough greding, dewatering, oompactions. backfill. repairs due to weather abuse. soil treatment. building safety. demolition. surveys, site work, curbs, arched beams, setting metal frames, anchors and anchor layout. roof flashing, waterproofing. sealants, soil and material testing, and trash removal from the site. Submitted by. /' d1 #",/ ....--; . /J. ~I ~,/ ~".:/»' øY ~¡' ¿/¿p~/ /e--/'¿Y ¡? Ben Owens Estimator Ext. 223 5770 SH1RLEY STREET. NAPLES, FL 34109 PHONE: 239-566-1601 LIC.1T-CGC038345 A DRUG FREE WOR.KPLACE FAX: 239-566-3994 ( --..-----.- .U,.utLUV~ ~~.,. ..LL..JJ-rU..... f I;...I.L J.Jo...J Hf"Ii:......n..L. I C,I",.¡ 1 Lll'H1.... ,,.....,,,,,..'- u",- IÆ ~endaltemNO. 16E7 /'. J .. Ja u10.~6 7tJ. CUI 0 of¡o3 D & J Architectural Precast ( 3517 Dora Street A. Myers. Flæg16 PI1øne 23941-5381 Fa ~1·8701 Submlttlld to: Peggy Marlin Brooks & Freund 565' I~ndence Circfe, Suite 1 Fl Myets, R.. 33912 Phone: 239-939-5251 Fax: 239-939-5117 PROPDSAL & CONTRACT DATE; 1D/17J2DOS propoe.r . P·21S. Revised JaIl....... .. ~ Collier County EMS ~ Facllit)' 19 4600 Senta BarbBra 81ud. Collier County, FL Add Medallions not indudad in OrIginal Proposal anet Incrø.. DeIMt/)' Charges Camments or Speclallnatndol1S: Contact: Eatlma1lng..Qary Bullock, Projed Management-BIII Purdy Prices Indude:Deslgn, Manufacturing, ProfessiOMllnstaDatian, & at' Contrador's Insannce ......... P..z1D Location Entry Sign LN or" \ gJct.. ( pr~rs...l. 1>\2.08 'i :; ~ 2.377 ... N..... .. s. t. 480D 8IIIà a.a.r. BIIId. AMOUNT I 672.ØD 112.00 813.00 $ 75D.00 . , 4W Tñm Bane! Straight 2 28". x 136" x r Top Plate 4 Pieœs 3 1 D" x 2 1/2" WaØ B Cap at Sa8en Waif " S"xlr'F' .. Son Nc..--' pc , c:. .. I NCr~~:s e. payment Schedute: 50% Due Upon Acœpl:ance of Proposal 50% Due Upon Completion of Installation This øroøasalls valid for 4S days. Finance ch8tae of 1.5% r;J8r month For unøaicl balances, .. . . al. Note; SlIgh! CaIør \l1II'IatiDns Occur Naturally With Keystone Products and Can Be Ellpeded AcceplaftCIP Slgnatun!S: .~~ ~s 2 777.00 1 DD.GD 877.00 THANK YOU FOR YOUR BUSINESSI .1- Page 1 of f ( L..,...."_(...:...-L-i.... ' 1.-'-' I.-L--..J '_·...011..:.;. U..::.¡ UJ. , Agenda Item No. 16El (j). / . January 10, 2006 Ï'-'!{jV', Pa~1 of 63 '.~": ð ......,. _<oJ' _...."-"_ ........___.... '--" _.- oJ' v_......__ . ... . Dorrell Peep1es Incorþorated S'LJilding Cò'ntractors October 28, 2005 'Brooks & Freund '6281 Metro' Plantatiòn Road Fort Myers, FL 33912 AU": Peggy RE: COLLIER. COUNTY - EMS-19 COLL.IÈ,R COUNTY . (Revislon #1) DARRELl ÞEEPLES President . . . This propos!!1 is'forrough framing carpentry, labor only, for a'singlelevel commercial :building. " ( , ' L.ABOR AND MA.TERlALS SHALL INCLUDE THE FOLLOWING: 1. Erect and set pre-fabriC¡itec!engineer~ roof.trusses. 2.., Apply roof sheathing., " , , 3, InstaU aU tempòtary andperrru:mènt engilieered:bracing. 4'.Co.'wentionat frameH\fall.eys and 'required roof areas êS per plans. 5.lnSiallwood fatcta per d~iI. 6. Furnish nails ,and fàsteners-. 7. ,Pft)vide hoisting,equiptnel:1t as required. ,8. Frame Soffit'@eave. EXCLlJS&ONS AND aUAUFICA l'IONS " ' 1. ' General Cort..radorshall pro~ide a waste dumpst,t for rem~aI,Ôf all trash and debris.cauSèd b)l construdion procedures. ' 2. All drý"¡n. vapor barriers, ,and damp proofing by others. 3. Instanation Of window, doors, and alûminull'i soffit not included. , 4, !fan)' additiOnal truss stràPs are required for trusses and, à~e not insta1led at exed 1çcatíon. therewiH be an eddìlional charge o.f $8.00/strap to tapcon: in masonry wall. " , . ", 5. A. rate ch~rge ,of $52.00/nour for ,any addtiionallabor. 6. ' }ntenor ¡raming bY othets. ' , 7. Deadwooc:t, bulkheads, drop œìlíngsandniches not includ~d. 8. All ,pre-fabricated trusses, framing materials; truss anchors, ,straps, cUps, ply clip, embeds, bolts and redheads by Others. ' " TOTAL. . .,_ _ . _ . . . . . . . . . . . , , , . , . . . , , , . . . . . , . , . . . , . $18;642.00 .LQ...fÞ&i ~"t" TO SZ-ÓO ì (tfÅl(UL i 3 o<-f ¿ ~ I vft:td ,r I { \'" &o~ / ~ h..." l..\ '\.- .... Ò ' ftJico Center Road Suite # 1 Fort Myer5, Florida 33912 Phor:6239-437-17SG I="ax 239-437-0485 c11¡ t, r'l ØJ ,1U' .....' "'UU¡) ~";.>,, rAA ¡::J~J.;n lUII2 suncoast_SuPplY (' Agenda Item ~.0ffiE7 I J hod ,'r-~ L'~ Jan~ 10, 2006 W(, .J l-lge 22 of 63 ( Sun Coast Contractors Supply Ine. 3IJ9S Kennl!!UW It - FT. Myers. FL 33916 PHONe: (239) 337·1123 FAX: (239) 337·1092 PAX COVERSHEET , ~ Bob Cameron To:· JACK Dale: October 17, 2005 I COLLJER COUNTY EMS ORIGINAL BID REVISED COST DIFFERENCE 8,898.51 15,937.05 12,219.47 ADD 2,930.21 -z.1 I FRAMING TRIM 13,006.84 ORIGINAL BID ON 8-11-04 .~) (1 (l . / ( 11 / lJl ,'"iJ/1 ,// . I,V/ tit'.;' ",/ µ. ~..¡'//' .----" ~.- NEW BID ON 10-17-05 PLYWOOD IS UP APPROX 280.10 FRAMING LUMBER IS UP APPROX 1] % HOLLOW METAL IS UP APPROX 18% JAMBS, CASING, BASE IS UP APPROX 48% LUMBER. PRICES ARE BASED ON "RANDOM LENGTH" REPORT. ..I- r-- to (") UJoto toO- "..-NO 00(") Z"..-N (lJ E~OJ (lJroro .....::¡o... - c: roro "D -., c: (lJ OJ <C ...,..".' "- l . .. V\;. ~, V i a NI ~ ... ~ 0 ... i . (b.... fð :;;~ ., ... ",- !:j MOl ~:;: z ;¡ ...- ~ :t~ co ð Š .. ': III ~ ~ ~ ö ,., . Q. 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I~, QiIO ~ ...... ,~ i ~ X x, X QI I ; I.C '""" '.D ~ ::oc: >:: x .., ">¡' êJ ~.. N N "'" t~ ~"~' J $~.: ; .... ..... .... -Ir' N 1""'" ~~~J [I ....r~~ I '- if; S' . ,.0. ,~ ......¡l;·1 ,. r~ _"t" tI:I ....:I EI IXI c;g X '. '¢ '·Ie X , :¡<;..r ~ N N "'" .... ....,~.'.,.... d-,"" . .. '. .... ·:1 : , , . IÍ . ' I ; '. ..", . :1 L..-... '~-" .-. :>TA....n.--... ~............."'.....ro ..-......----."... I ! I , ¡ I I ! '¡ ! I.. I I i I I ¡ I ) c ~ ¡s rn u.I :Ii ¡:: . u.. 0,. ä I- .. Z :_.~_ .::;) .. o .!! :& :S ¡~If LI. ~ c& o wi o-g :g, ~ ~ '0 '< I;, ..,:¡ ":! en ¡:: .Ii I/) III .... w ê :; z ~ ,:~ an ~ 'i .....' (1) a:GI IV' 1- "," I~ ~;~~ I ..,.. '~'. j t; .¡::~ ~, ~i: 501' ...' ¡¡; j Ii ~ ~ ) ì/~ Ii .¡. % Ò ! ~ ;) ~ ~ ! ~f' S:? i :i ~ :!J ~ U ~ ~ ~ - ¡¡ ~ ffi eo z ~ ~ ¡¡: iJJ œ -c _a.... ( ...:..::' .w,~~vvw V,,~V ~m Kaym.na.=Ullal~~,I)~~ 1'\¡~ l RAYMOND BUILDING SUPPLY CORP. Page 25 of 63 f SALES CONTRACT - TRUSS DIVISION DA TE: 10/17/2005 7751 SA YSHORE ROAD 2233 Murphy Ct. 3455 Beck Blvd. NORTH FORT MYERS, FL 33917 North Port, FL 34289 Naples FL 341 14 Phone (239) 731-8300 Phone (941) 429-1212 Phone (239) 348-7272 fax (239) 731-0383 Fax (941) 429-1122 Fax (239) 348·1557 1.'1 SALESMAN: M11Œ DILLON ESTIMATOR: Jim R.lImdI SOLD TO: BROOKS-FREUND JOB SITE ADDRESS: SANTA BARBARA BLVD. JOB NAME: CC-COLLlER CO. E.M.S. # 19 BLOCK: LOT: SUBD: PHONE: 939 - 5251 ( REVISED ) CITY: NAPLES COUNTY; COLLIER We agree to funúsh for the project set fur1f¡ above, lit the pric:s and upon tIœ terms bcrcinaftet star:ed, the following: DESIGN INFORMA nON:' ENCLOSED PITCH: 3\12 T.C. SIZE: 2X6 LOADING: PSF WIND SPEED: 140 MPH .. Revised pricing Û'Onl 08/17/20 .. Ref. Of Quote Q4-oS022 &. 2\3.6\ 0Iic: set oft:rus5es pa our placement plan, design drawings Notes: . 050621£ $10,234.00 $614.04 $10,848.04 o rr , \ ...,- J ft" \c.~ ... ..~ p ,. ,~t: 11..Jc.. r c c=.. $ C. Terms aød CODdJtloas or SaJe: 1.) PlUCES QUO'IED ARE VALID ONLY IF AC CT DATE, OTHERWISE THEY ARE SUBJECT TO REVIEW, 2:l. All onb1 subject to approVal of the acdit department c.h tams II'C SO"~ at time order. Balance in fiaU 4 wceb prior to deli ( )ny cbaDges or ca:ellati0B of Ibis CODIract IIIIISt be approved by 811 authorized . d .. WiJl be: subject to all cost J expcmeI iDmIrrcd. Any deposit for drawinp g IIIIIMCfuod8blc. Cœlpmy policy requires 10% oflalal sales price, with . minimum of$100.oo be c:bafged far truss pllCClDc:ot pll/J! ror pc:nDitting. AIL DESIGN CHANGES OR REDRAWN PlÄCEMENI" PLANS DUE TO INCORRECT OR JNCOMPI.ETE PLANS. MAYBE BILLED AT AN HOURLY. RATE OF SEVENTY-FIVE DOU.ARS PERHOUR. PLUS MATERIAL COST. If m¡ucsted, RBS will provide an I!StÌIDIde fœ draftiag. cbaD&a prior to waric pcrfunncd. It is the rcspaIIIiibility of the roDIractar or agent to ~ aD dmii\ll changes prior to procfuçtiœ, Verbal œlqJbone epprovaI will require follow-up in writing prior to productiDII. - 4.) Raymand Bwlding Supply shaI! DOt be liabJe for delays C8IISCd by forc;Q cr conditioDs beyond ill amtrol. s.) Trusses will be: delivered to the jobsitc. unloaded to the øround in good conditioa. The COIdrII<:tOr must provide 1cvct IIId clear space Cor unloadiDg. which must be: access.ible by ourdclivay equipmenl RayInood BI1ÙdÍJ:3ß Supply will malœ C\I\:I)' I&tœJpt 110 ~ Iocæe the dclM:zy for easy cnmc or =rcction lCCZSS.lùymood Buildizl¡ Supply CIIIII1Otjcopardize DIU product or equipment or the jobsitc 8Ifcty IIßd thacforc n:sc:rvcs all r.ígbts 110 judgment for jobsitc unloadiz¡g. Any other rcqucstcd location, rcsuJtìng in wrccIa:r service or rc-dcli~ will be paid by the oontrlCtDll'. 6.) In the ;vent of misSÙIg 01' ~ IJUsSC8, Raymoad Building Supply must be DOtified wilhill two ealeødar days aftø delivery. It is !he c:ontractar's responsibility 10 inspect all trusses priDr In er:ClÍøn aDd report my problems In Raymond Buildin& Supply or cmc of its rcprescntmws. DO NOT ERECT F AUt IT OR INCORRECT TRUSSES. FlUlty 01' incorrect trusses erec:tcd wilhout notificatiOll wiD bcœ:mc the sole responsibility of the ~ md will void all gull'lllItc:cs IUd cuginccrin¡ validllion. 1.) RIIy1I1ODd Building Supply rcscrvœ the right to rc:plaa: or structurally c:omct aøy and III errors andinconsis!l:l:lcic:s within its trusses. Absolutely no charges sbaII be deducted Jiom Ihùi contract. Any charges øgainst Ibis cøn.Iract must be dealt with by II1l11tboriæd repres=~ of Raym0n4 Building Supply ·and apart and separate úom this conlnU:l By IC~ RBS's product. the builde' agr=s to allow RBS a24-hour period, from official aotifiation, ID rcspODd witfl some actioø piau for solutiOll. RBS will CDITCCt any of the afurcmc:utioaed requircmcnlli as quic:k1y u posaiblc. Cœrp fur crane: time, down lime ad other delays are subject 10 ôlpll'oval, and mwt be: rca:ived within 90 day¡ of dcfivay. AD trusses should be vcriflCd Cor fit prior to scheduled c:rcction by the COIdmCIDrs. For further assístanœ in addressing this please contacr OUl office. Any l'CCucs!ed field ccm:ctioo.s or field oonsulting by Raymond BuildinS Supply IS a resUlt of inconsistcncjcs not pcnaiaing to oW' trusses may be billed at . mi.a.imum rate "C seventy-fi~ dollars per hour for cnginc:crcd audlOr noD-CDgineered services. Any field lIIocIifiçatioøs made without cnginccn:d repair drawings wiU became tile sole responsibility of the contnctor IIId will void all guaraøtcc:s and cøginccrin¡ validation. S.) All erection and bracing procedures, boch permanent md temporary IR the responsibility of the contractor. RaymQl!d Buildiag Supply will supply guidelines for crcctillllS, i.~. copies of HIB-9 I, erection posters, etc., upon request. A copy ofHIB·91.!IIIDIII3I'Y sheet, lIong with complete truss p1acc:mcnt and truss design plots, willaceompany all trusses to the site. Ifthcsc arc lost or stolCl1. please contact Raymond Bui1din¡ Supply immediafdy and.. repla.ccmcut copy will be furnishr:d. All design drawings should be rr:ad carefully and followed All er:cIion, truss to W3I.I conncètions, blocking. temporary and pmnanr:nt bœcing are the re3ponsibility ofthc buildc:r. \,' "":EPTANCE OF THIS CONTRACT SHALL CONSTITUTE ACCEPTANCE OF ALL THE TERMS AND CONDITIONS HEREIN, Authorized t:Wltomer'. Signature Title Date .-- . -- --.-.,.. ( Jeff Pickett 1325 Barrett Rei. N. Ft. Myers, Fl. 33903 ffi"~;'-;':;:1;;'¡-';).O' Agenda Item Nß.116E7 '\. -1U Jan~ary 10, 2006 fL.t . I rage 26 of 63 Ow.¡L-t-I¡r Phone! Fax (239) 995-7587 Mobil , (239) 940-8933 REVISED PROPOSAL 10-17-05 Brooks and Freund 5661 Independence Circle Fòrt Myers, Fl. RE: COLIER COUNTY EMS ITEM; /11f 7r;111 TOTAL COST 1. Installation of hollow metal and wood door 5 hard ware, including 4 hollow metal mas frames 2 Installation of bath accessories. 3. Installation of wood base. or", N-. \ P" ,c..", '" W- '3,2 î S' ~ ~ t.t535 r \c..e. ( $ 4,835.00 c:..("c.~ '5 ~ ..: ~ I /5 G 0 Per (ó/t? -05-- Date '( G/ I ) e II rice CGC044S99 ..' /~ ...£ ,J A...1.t.~da ItJ~ 16E7 '#~ January 10, 2006 Page 27 of 63 Bld# 41164 e9~! Q~IY Road Bond. 5prin$¡s, FL 3·UaS Phonci: Z3¡;.Ji5·0M4 at. :119 1'.L"<: 2.'ig""95-1156 l:;..m:.:.iJ: kfir.JdeA@r1xL'JiõU)Rtion..c:¡m fNSULATIOÑ So GLASS. I~C. ÏO BROOKS & FREUND LLC. 6281 Metro Plsntantion Road Fort Myers, FI. 33912 ATTN: ERIC RE: EMS FACILITY #19 4500 SANTA BARSRA BLVD.,COLLlER INSUL4 TION RË\¡¡SED DATE: October 5, 200~ Þ¡ge of ;¡. RICE INSULATION So GLASS, INC.. herelnaher deai~nðled as RICE. purpo688 10 lumish all malerial and labor reoulred ror tile appllcatlof'! of: roA.1\1 INSVLA nON AS FOLLOWS: J. R-19 (-S',)JCYNENE FOAM A. UPPERMOST CEIU1\!GS ll.T ROOF DECKJNG TO TOP OF 'fI£...BEA.:Vf PER PAGE A·4 (NO ATnC KNEEWALLS OR GABLE ENDS) ICYNENE TOTAL PRICE: SI0,800.00 BUILDING INSUL.i\ TION QUALIFIES AS FOLLOWS: 1. R-5.0 ('W') POLYlSOCYA.'I\TVRATE SHEATHING A. MASONRY EXTERIOR WALLS BEFORE FURRING ( WE NO LOl'i"CE..Q. OFFER "CUT BETWEEN FURRING") 2. R-Il (3 W') UNFACED BATTS A. FR<\.\Œ FIRE RATED W/'.LLS AT ROOM 107, FULL FrEIGHT la' B..AU FRA.1\1E IN1ERrOR DMSIONARY WAIl..S TO 10' ) BATT TOTAL PRICE: S 2,298.00 (SEE ATTACHED DRAWING) or I j ,""- I (" ~ \II S'" ..1 tf10 .~y ~ P;lc..C. p r I c..e. --- ) dJ r , 0 f3 ð"ì E , 2,~a f COMBINED }'RICE: $13,098.00 NOTE: NO INSUL....TION IN APPARA TIJS ~A Y E.'XCEPT ROOF JCì~E1\'E Proposed Start Date; TERMS OF PAYMENT: Payment in 'IlH due UPOl1 receipt of invoice. Conlnlcls whIch state a drøw wi off ~1. and payment relea$e date ere the only e:::::eplfor.s ami must bg ¡¡¡¡ned by repras¡."\\atives of both pèriieli. FINANCE CHARGE: A fin."u charge in ¡mount of the IQ~.r of '.5% per mOf\~'; (UI% per annum). Dr Ine maximum ai/owed by law. will be added to aU 11!1I!);e..~ that lire: ~O ds,,, past d"';; as of the 10th or the following month. ,l,CCEPiANCE; This prOpG$af is slJb!~~! fQ cl1ange and r:;ey be wi~dr1!wn if no! iU;ÇI¡¡ptea withm 30 d¡;ys ~~.er soove d;¡fó, ¡¡,nd is submitted to the ,¡¡rmll and cO!ldl!IOI\¡ on the fBce end re\'~rst sld$ (or precec!ir,glad:::l~çma! p¡;lIe!1, as ¡¡:ppll~bi.) hereof. APPROVAL: Tn~ conlfilcl snail not be blndl'll:' on R'CE un!JI I! sllall ~e ePDro'.-ed by ;11'1 ¡::,¡:hc'izec rep'SS6:o1!<òtl¥-e of RICE. r-to iil~erð¡;ons or addiliona! work sh.r. be performed unhaoJ!;. 89'1i!ed to by R.lCE. tJelorM9!"(/ in wrilinp. ACCEPTED Date APPRovec D1!!e October 5, 2005 Company Name By ~ Ken Finklea. Sales Representative ~¥ - r :,~~",,:::¡ 2i ;1Gp.,;AT\,.:p:iE: T:,...¡ ) .../ -_. .... -~ - ---- -. . ) . rice CGC044399 U901 Qu;U1ly Road Bonita Springs. FL MIS.'; Phone: .2..'!9-49S-0S44 ext. alII fAX: 2S9-B5·11li6 E-mail;kfiÌ1kJca@rI~in6U.latioD..com Agenda Item No. 16[3.1 L January 1 0, 2dü~ Page 28 of 63 Bid tI l 41883 INSULATJON & GU$$, tNC. TO BROOKS & FREUND LLC 8281 Metro Plantantion Road Fort Myers. FL 33912 ATTN: ERIC & PEGGY RE: EMS FACILllY #19 4600 SANTA BARBRA BLVD.,COLLIER INSULATION DATE: November 4. 2005 Page of Rice; INSULATION & GLASS, INC.. hereinafter designated as RICE. þurpases to fumlst1 all materia! and labor req~red for the application of: CHANGE ORDER REOUEST FOR INSULATION MATERIAL PRICE INCREASE FOAM .INSULATION AS FOLLOWS: 1. 1\-I!J (-5") JCYNENE FO...M A. UPP.\i.RMDST CmLlNGS ATROOr DIiCK.1NG TO TOP OF 1".L1õ-BEAM PER PAGI!A-4 (NO A'rnc K71TëEWAU.S OR ('rA ULI! ENDS) ICYNENE TOTAJ.I'RIC1::: 510,800.00 BtlllDING INSULATION QUALIFTES AS FOLLOWS: I. It-S.D C %¡POLYlS0CYANURATE SHEATIiING - A. MASONRY EXTëRIOR WALlS BE1'ORE FURRING (WENO I.DNGER 0 F'FER "CUT BE'nI'F.~ FU1tRlN (¡") 2. R·ll (3 W') UNFhCED SA TTS A. FRA ME FIR!: RA TED W Ail.S AT ROOM 107. fULL HEIGHT 10' n. ALL FRAME IN'J'SRIQR. DMSIONARYWALl5 TO 10' . BATT TOTAl. PRICE: $ 2,298.00 NOTE: NOINSULATlON IN APPARATUS BAY EXCEPT ROOFICYNENE AUGUST 2004 ORIGINAL BID PRICE: 510,190.00 OCT. 200S MATERL<\L JNCREASE TO: 513.098.00 MA TERIAL CHANGE ORDER: 52,908.00 Proposed Start Date: TERMS OF PAYMENT: Payment in full due Llpon receiptor invoice. Contracts which state a draw cut off date and peyment ",leaR date are the only exceptions and must be signed by røpreserrtatlY5 of both parties_ FINANCE CHARGE: A finance char¡;e In amount of the lesser of 1.5% permonlh (18% per annum), or the maxJmum allowed bylaw. will be added to all involcas that are 3D days past due as of the 10th of the following month. i\CCEPT ANCE: This proposal is subject to change and may be withdrawn if not accepted within 30 days after above date and is submittGd to thE! terms and conclltlone en the façe and reV8ra;e side (or preceding/additional pages, as applicable) hereof. APPROVAL: This contract shall not be binding on RICE until it shaD be approved by ¡an authorized represantative of RrCe;. No all8raliona or additional work shaD be performed un~s agreed to by RJCE, beforehand, ¡n writing. FCEPTEO :Ompany Name By November 4. 2005 Date APPROVED Date ...--.--,,-" By SIGNAruR!õ TITLE ". Insulation GroUD CertalnTeed Corporation 750 E. SWedesfcrd Road P.O. Box 860 Valley Forge, PA 19482 610-341.7000 Agenda Item No. 16E7 January 10, 2006 . Pl'>~v 2J of 6f 2J7 Certain Teed. ' ~) September 16, 2005 Dear Valued Customer: As everyone is keenly aware, the cost of off and natural gas has increased significantly over the past few months. Both are used in high proportions in the manufacture, packaging, and delivery of our products. Efforts to offset inflation with improved productivity while successful are not able to keep pace with raw material price increases. Accordingly, CertainTeed will increase the prices for fiber glass fight density batts and rans and blowing wool effective with all shipments' on or after Noyember 14, 2005 as stated below: _.... __.___~.~_ .....__ .______0.__ ___.. _.. ----- -...-- - - -. ..--- All Fiber Glass Building Insulation Manufactured Housing Fiber Glass Insulation Basement Wan Fiber Grass Insulation Perforated Basement Wall Fiber Glass Insulation 9% 9% 9% 9% ) InsulSafe® Fiber Glass Premium Blowing Wool 7%. OPTIMA@) Fiber Glass Premium Blowing Wool 7% System 5TM Fiber Glass Premium Blowing Wool 7% EverTherm'"" Fiber Glass Blowing Wool T% UltraTherm® Fiber Glass Blowing Wool 7% New price sheets will be supplied to you by your territory manager. Thank you for your continued support af CertainTeed Residential and Commercial insulation prod~cts. ~> Jeffery R. Templeton Vice President & General Manager Residential & Commerciallnsufation ) ./' ---..- -,,------'- ---- ----'--" OWENS CcmNlNG WORLD HI:APQUARTERS ONE OWENS CORNING PARKWAY TOL.EDO. OHIO 438S 41g.248.8DDO Agenda Item No. 16~7 January 1 0, aJfJ~ Page 30 ðf 63 ') September 22, 200S . Price Announcement: Foamular$ Foam & Accessorv Insulation Products .' Dear Valued Customer. We have experienced a series of major unpIam.ted evc:::nts that have sevae1y in:ipacted our business. Pressu:reS ftom major polystyrene resin producers combined with escalating energy costs in both production and delivery have significantly increased our costs. Other raw materials, including ben2CJ1e and ethylene. remain fundamentally tight due to strong demand and production shortfalls. ) We have focused our resources on productivity initiatives trying to offset these cost iDcreases. However we have reached a point where action is needed. Owens Coming will increase U.S. prices of all Residential, Commercial. Bl1d Roofing FoamularQII extruded po1yst:yrene foam products by 5% s.1ong with seI~_t~d ac_c:~s~o.-y-prodl1ctsbeJow on October 17, 2005, Please note this increase will include the fol1owing accessory products: __ S% on PROPINK- FanFold & FanFold Unda:1aymcnt Board ".,...-- 5% on aU Owens Coming house wraps ./ 3% on Owens Corning FoamSealR 'I'M Orders placed before the close of business Friday, October 14, 2005 and shipped on or before Friday, October 28, 2005 will receive current prices. Your area sales manager will review your new prices and chqes with you. ThaDk you for your continued support of Owens Coming Residential Bl1d Commercial & Industrial Insulation products and systems. Sinc,erely, Robert Doyle Vice' President and Genera] Manager Residential Insulation Insulating Systems Business David Rabuano Vice President and GenQ'a] Manapr Commercial & Industrial Insulation InsuJating Systems Business ) OWENS CORNING - -- .. _.. .~ -. (~l/I Agenda Item No. 16E7 January 10, 2006 71717"" Stræt . Page 31 of 63 P.O. Box 5105 Denver, CO 80217-51 OS 303 ;782000 303 978 3645 fax wwwJm-com mr Johns Manville ') PRICE NOTICE " September 20, 2005 Dear U_S. Customers: Dramatic and nationwide increases in manufacturing, natural gas, and transportation costs have continued to affect Johns Manville throughout 2005. Consequently, we wUl be implementing a price increase for aU Residential, Commercial and Metal Building Formaldehyde-Free 'I7tI fiber glass insulation. Orders shipped on or after Monday November 141t1, 2005 wiU reflect the following increase: ) · Residential and Commarclal Batt ahd Roll Products: 9% .. _ _ .. ..' .._ -"_. . . ~"-':Kf~' --. - ..~., ... ----.. . . · EasyFitTM Products: '. -- 9711 - . · ComfortTherrn@ Produçts (encapsulated products): 9% · Manufactured HOllsing Building Insulation: 9% · Metal Building Insulation: 9% · All Loose Fill Insulation: 7% In addition, we will also be increasing prices on the following products. effective with orders shipped on or after Monday November 14d'1. 2005: . ProWrapTM Housewrap: · MinWoo11200: 9% 100/. /' Should you have any questions, please contact your local Johns Manville Sales Representative or Customer Advocate. Thank you for your continued support. Sincerely, r;Þ1 /J~ Michael D. Lawrence VP and General Manager Building Insulation Division ) , MA¡';-';I-Ub U:~tAM "1(UM--9U~¡¡~30)02 Þr@lIQ:Ja nam 11)l11~216EiI",. January 1 0, 20Ö6co~ Page 32 (L6L- . ._- ~~ -1' ~[iJßJ ) ICYNENE'ORP. . . 436 Main Streel. Sùile 2Da, Bvflclc, NY 142D2-J2D7 iol! mlT. liD0-75ß-732S . FII~ 905-:1£3.&1·07 M.:ut:h 30.2005 Rice In..<mlatioñ & Gbs.q, Inc. SS¡Ol Qua.Jit.y Road Bonii:! S¡irings, Fl 34135 .l VIA F ACSIMI~"E: (239) 4S15~ 1156 Atœntion~ Pbilip W. Rice Dear Phil; Rc: NOTICE OF PRICE INCREASE - .Tune J~2005 Icynene has ¢xperienced fr~quent and significant cost increases on all ra\~' materials that arë far beyond emr projections made at the tùn~ of om last price increase Icner to you. We continue to sed, alternative " suppJ.jB!'S~but,,,becausc of ·the-tigbl scpply ofsomc: key m:m:::naJ.$>- Y,J.i:; þ...,e been unable to obtain lower prices for a.r.y of our componentS. We have:, boweva-. bedl able to secure continuity of suppJy for our raw materials. and do nOl anricipate any shoroges in shipments 10 you. Wean: not aTone in this WOTld of r:apjd}y increasing costs kS evidenced by the double digit price increase~ issued in the: p:a.st few months by suppliers of other btJiJding materials such as concrete, sreel, }umb~r, siding. and £becglnss. ) . DUe to these cost increases in the pe1I'ocbc:mica1.indUStIj' we are raising our prices effecù"c June 1.2005. Your new pricing' t01' ihe various order quantity l.eye!s is OUtHIled on the a1.tached price list mld is guar.m1e8d r~ a threë:-montll pe.ri04 t::ndin,g August 31. 2005. To qualify for the cur.rcnt pricing that was put into effect on J~nua:ry J I lOOS, orden; mU5t be placed by May 31, 2005 and ddivery taken by June 17, 2005_ As always. we w.i.J1 conrlnuc ourpractic.e of giving )'OU sjx"Y days no1ice should C:OSIS continue: to esca1õLte necessitating furth~r increases. This should givÞ you tim~tc adjust your job ql1otaå011S md e~timatd. Also, p1ase be advised that we wilJ not be offering a Growth IncentiVe Pro~m for 2005. All of 'Us at Jcyncne are committed to p:roviding you with 'the best qwiliry products 21'Id services. We th~ yo~ fot your support in me past. aDd Jook forward 'to working our way through t'be difficliltiei of 2005 a.cd to contiT3uing a. mumaUy rewarding business relationship in fLZUlJ"e years. Sincc:re1y. ~~ (/'fJ,}A ---~ /),3'1 ~ .Alan J. R:mkiD Pre.sjdën! & C.E.O. ) The Icynene Insulation System® "". -.'..."_......__... I'll _;,"__,e_ Insulation GrOUD CertainTeed Corporation 750 E. Swadesford Road P.O. Box S60 Valley Fo~e, PA 19482 610-341-7000 Agenda Item No. 16E7 January 10, 2006 Certai nTeedo.rtt6 ) December 22, .2004 To: Our Valued Customers Re: Residential and Commercial Building & Loos& Fill Insulation Price IncrøÐse As the year draws to a dose, J would like to take just a moment to reflect a bit on 2004 and to provide you wilh JnformaUon 50 that you call plan your business for 2005. This year has been a solid one for the blJ/dlng industly. Houslrrg starts have remained CtJnsistenfly strong each month and it now looks as If nearfy 2 million new homes will be constnJcted In the UnIted States for the year in total. Moreover, the new home market Is pm}edød to. be scUd for the foreseeable Mure, althcugh there will be the Invariable ups end downs from year to year. Our industry has prospered with the strength in housing starts and the f'8StII'gence of commercial construction. BuDders have recorded record profits. We certainly hope that )'Ow business has þarticipated in 1hIs manæt growth too. Due to the strong construct/on markets, demand has outstripped supply for most of 2004; and with factory production fine rebuDds coupled with a strÐng 2005 construction forecast, 'sUiodicatlona are that our products will confJnue to be on managed avallabilit¥ in 2005. CurT'ently, not only are re5identlal and commercial building Insulation In short supply but other insulation products such as Metal Building Insulation, Standard Duct Wrap and Duct Board are on managed availability too. In addition, 2004 has brought strong Inflation for many of the ra~ malerials that CertainTeed uses In the production of our .". ,.~2.~~ L91istIcs costs heveand will continue to increase.,JthaslJeen: acbaßenge b.find-transport:êompanie dUri,ng ..- - 'certain peak shipping periods. Baslcelly the demand for trucking has outstripped supply as well. The new drWer regulations have not only reduced the number of hours that 8 driver can haul loads but also have required that time unloading is counted against transport tlme. That is why It Is important for aD of us Ie unload trucks as quickly as possible. We continue to look for ways to make this process easier and more efficient for you and we ask that yoo hefp us by addressing the unloading ) process as efficiently as possIble. As you plan for 2005, we want you to knOIN that cur foaJs will be 10 take casts out of our business Jo an effort to offset inflation from raw materi~1s end other factors. We expect that our efforts will be successful and therefore, provided we do not encounter unanticipated increases in costs, that we wiD only increase prices once in 2005, effectiw with aU shipments on Dr aft:er January 23, as stated below: Residential and Comn.rclar Products Aber Glass Batt and RoO Building Insulation CertaPro1M Ccmmerdal Fiber Glass Batt Insulation EasyHancfler'1ll Encapsutated Fiber Glass Insulation Manufactured Housing Aber Glass BuDding rnsulation 3.5% 3.5% 3.5% 3.5% InsulSafe«Ð Fiber Glass Premium Blowing Wool System 5"" Fiber Glass PlOmium Blowing Wool OPTIM~ Aber Glass Premium Blowing Wool UItraThe~ F'rber Glass Blowing Woot EverThetm 1tot FJber Glass Blowing Wool 3.5". 3.5% 3.5% 3.5% 3.5% Your CertainTeed territory manager will be In touch with you to review your new net pnces, We thank you for your support and understanding during the year that is about to closs and ask for your continued support in the coming year. As always, CertalnTeed puts forth every effort to exceed your expedaUons. .. Jeffery R. Templeton VIce PresJdent of Sales --.--.- To" 952'9379Ðo'i FrG4;OWEN:S r;:cRN1NG OWENS CDfWING INOAtD t!£I\DOUA1iT:F.JtS 0Nt OWI:NS COHllINC I'AP-II:.\"\IA Y TC!lrbO. 0/110 43fi59 '" TS,2'-õ.£Q;1O FÁ1Ii: L T01t:ALL at=~J;ld.aJl~~6~_I Ljànuaty 11J,7Ôæ P¡;¡ge 34 of 63 f'~ge; \1--ð ') NC\"eIlIber 15,2004 .. lIl/av.ÐlDIU fill um;- DCDr Customc:r: . Owens Corning will be iccrcasing prices en an JianI density FibcrglasÏlf insulation products, effective witb ~ shipped CD or a:flcr Ja:nUUl)' 1. 2005. Tb.1s mc-ease is dfecü~ far 1.hc United S !.alcs. The products :md inCTCtlscs arc ns foJJows: Bui1din¡ h,súlaóon :U'% LoosdÐ1 Produc:Ls 3.5% Manufàc:turcd1:£ou.smg lDsUl)lÏoz:¡ 3.5% Mcttl.J Bwldiag JDsWD.tion 3.5% OEM 3.5% FJcr Duct MccWl 12 % _ '"", _.....' =- ,'.':-. ~~M~_w1Jl~F1R~.~jppt3Scdm:rgy Imhransportation costS_ 111C)''WiUaso enable usto'-- - '-- ....,... - - , - -., -ëaiiGñùê 1.õ ~~.;¡ broad:nmge of critkal capaci'y invcs!meD/.s to.heJ.p J:l].C::èI your Jang \.a:J:D.supply needs. In loday'S C%lVirOJ:lIz:lalt whè:re dcumnd is strang aDd ~p'ply ~ w~ ar~ very scnsùivc la Q'CillÏ1:1¡ . UI:lnI:!œS5a1y prœsure DEI your busiaess: Accordingly, a.key DDjecñ.~ ofthi! price Ìncre¡¡se is to generate 8 sIu blc cnvÍrcDIDCDI in which you call c:ffi:clivcly manage lIDd plan your bllS1Da.s. As always, we remain committed to F40"idmg ~ cpœ aDd tÏIQe1y com:anuúcatiDN vmb ngard to our industry, cur im-'f:S'tD1CI1t plans Anå DIJ1" approach 'to scryjngyour nc:cd.s. ." :.....' - ~ '-+ ...... ) New Jis1 pñcc sheets wIn be i.tsucd shortJÿ. Your DIU S:lles JT1ll1agcr will rcvicwyour new prices wït-:h you. Thaukyou for )'Our COI1tÍQued support ofOwClZS COJ'1Ii:cg ResidenLiaI utICI Commc;rdal &: Induslrial Insulation products und systems. ~ . Sm~. ' ~~~- John C. P~nc Vice Prcódent and Qe:gera! l\.iaœger R.Qridcntialll1suJaticn wu J:J lÎni S}'slcms :Business ,. -- n ;1 ~ l .......c-~_ . , Jeff Cl'IIJ'Ic:y VJCe :PresidCDI. and Gc::z:u:r;¡1 Mæ1age:r : Commcrci:11 & Industria} InsulatÌon Insu1a.t.ing Sy.5(ems Bus~ ) OW~r~s !:ORNlNQ -.-------- m1 . Johns Manville BUILDING INSULATION DMSIDN Agenda Item No. 16~ January 1 ~ ~O Page 3~ '* ) 717 17m Street (80202) P.O. Box 5108 Def1Ycr, Colcl'ildc 8021'-6108 '03 978 2DOCI wwwJm.=m PRICE NOTICE , November 18. 2004 Dear U.S. Customers: Due to a continued escalation of costs in energy. raw materials and transportation. Johns ManviUe will be implementing a price increase for all Residential, Commercial and Metal Building fiber glass insulation. Orders shipped on or after Saturday January 1. 2005 wifl reflect the following increase: · Residential and Commercial Batt and Roll Products: 3.6% · EasyFft'J'M Products: 3.~% ----- .. .'. -'" ~ - .. CornforiThel111®-Products'-(elrc-apSulatédprõdUC1SJ:'-~ ~3:s-Jíi'-'"'-' · Manufactured Housing Building Insulation: 3.5% · All Loose Fill Insulation: 3.5% ) . Metal Building Insulation: 3.5% · Fab Shop: 2% ......."..,~ '-~:-. _..- - - "'-- - ......._-- - -.. - -- - -'.' In addition. we will also be Increasing prices on the following products, effective with orders shIpped on or after Saturday January 1 r 2005; · ProWrap1M HOUSÐ\Ýrap: . Vent Chutes: 5% 5% Should you have any questions, please contact your roeaf Johns Manville Sales Representative or Customer Advocate. Thank you for your continued support. Sincerely, rp¡ [)~ Michael D. Lawrence VP Sales and Marketing Building Insulation DiVision ) / J"'.æ7J l&IIIa, --- ". ---- (:~ ~ J .AAenda Item No. 16E7 f') '1.1.... I ~ January 10, 2006 ~ Page 36 of 63 Quotation D. Peck Roofing, Inc. ( 6120 rdlewild St. SE Ft. Myers, F/33912 Phone (239) 489-2200 Fax (239) 489-2202 CCC 057599 DATE October 18,2005 Quotation valid ¡¡,.,tit December 17, 200S SUBMITTED TO: BROOKS & FREUND, LLC 6281 METRO PLANTATION ROAD FORT MYERS. Fl 33912 ,~.TTN: JOB NAME: COLLIER COUNïY EMS is Rev 10i17f05 ......... Description ALL lASO AND MATERIAL AS FOllOWS: \ Application of ASTM 30# felt. aluminum drip edge, and 26 gauge wall and velley flas Hot mop Modifieå bitumen roofing over the 30# b.ck-nailed 12" 01'\ center. ¡Furnish and install MonierLifetile CAPRI TEQUILA SUNSET concrete tiI Ing foam application. Valleys to be mitered. .¡ Eave risor to be metal. , f r' !J~"" 159. Neatly pile ,11 (oof related debris on site. 0 r I ) I ,.., "t \ , Off rid!l'! "'ents to be an additional $75.00 each. .::.. 2 Z èS b ëxdudêls any 1Iat decks or balconies. if applicable. ..., e,.,""'-' r r t (J(! t b,4 9 1 L{~ ~ 5 SHADING VA~IATION MAY OCCUR WHICH WE ARË NO \.t'JGÁ~~~ ( n" -'--'.':"- .' - ~ ~ ..... ~........... ..: .......;0. -~. ':~ ":;"-'J-'-.---.. $ 22.986.00 WITH PA Y1-.F.ENT TO BE MADE AS FOLLOWS' 400/. HOT MOP 40% DELrve~ TILE 20% COMPLrnON OR AS ~OGRESSES ALITHORIZED SIGNATURE' Ikt.Þ--! d /~ ~ GENeRAL MANAGER ID. "!C!C RO<WINC. Ç '1......"...01: .\l0l"11 6e!~cl!.. _m.n.hll> tne! I."", for .". ~..r. Afi "'..0:1..11& ,"""''''',",,. .p.düe<l. Áli _ICI ... cion. '"8 ...........1Ira /men- .ceo.."" fD - ,_Ic.. .....IDC'" DIII_, _t. M, """NIOn ""III HOve .1'ftI!I~1fJ"". In'oM,,, ..lTo co." wi¡ .orec_d only 11/1"" ..,.Itten elllng. 1_·"', Act "9'*"_ eollllftgelll UJIOIIIIJ¡... -. ... d-"'1. ."fOlld _ contrDl. 0.......'0 CIt'r¡r 1Irit, tOIllIlef.. .nd 0111.' _....,. .............. """,on! ,.,... mect.. ~c ¡Inollc_ _.... lIpo"hIIuro 10 "'1' te...... '19 ID."". . ",,",Ct ch.'I1' .f 1 11~ por "'.nll> wtJ1 !Ie CMT'.á. AftOm.y·. F..·. .11\1 CMI: In 1"" ...... . ""PI/hI ....... hew.... ,""_In...- -At-1ft..... - -..II II ...IR_II. "eck ftO_,.Inc:. .~." ...."tlll.d 10 "'''''''','hl! ::... aIMS .ft......,·. "o.1!"'mt.~G ol"',psl'!yf1o$. Ai uue h~..I". cas, ont: IlIo"'''r'. !1iI!! fAtludo ar.y ..... .mI __~·ola. In "'" .PlOotllts __cling. "'I... ."1eI ror .III~ .,.".. ! ACCEPTED BY: SIGNATURE: DATE: .I 1 . Agenda Item No. 16E7 January 10, 2006 Page 37 of {1 v ( D. Peck Roofing, Inc.. 6120 Idle\vi1d Street. Fort ~/Iyers, F1. 33912 r Õ'1 ..., -, ~ Q 1"\ .......CL- ) l_'_, ~ October 10, 2005 Dcar Valued Customer, ( As yeu already know materia! prices hav~ increased in recent mo:nt~s and are continuing to increase wiL1.¡ the constant ris: of petrolelli"!l based products. In addition, we arc: being accessed fue] charges on all material. Also, tHe ma..'1ufacrurer's have armomiced price increases on an material received after January 1 sr, 2006. This is regardless of when t.11e Qider was placed. All orders will be priced ai time of shipment from the manufacturer's p1ant. As if these jnçreas~s weren't enough, new specifications for the attac:h.l'11ent oftlle roofs will go into affect for any jobs perrriitted November] 51 or later. The main difteienceÌl tnê fastening r~quirem.ents, most cost1y wil1 be tbe attachment cfû'1e hip illid ridge tile. The hip 2J.'1d ridge tile must be attached to nailer boards instead of just being s!:t ill cement. Obviously it 15 impossibie for D. Peck Roofing, Inc. to absorb ~11 of these ccst ~ncreas~s, \Ve ,,,ill be in contact wit~ you in the near fdure to discuss the increases. These increases win go into affect on an jobs regardl~ss of the date of sale or t.l-}e previous issmmce of a pu..rchase order. Sincerely, A~~ Dave Peck President ( v',l-I/· LVij;) !.. ' 1 V~M JtrrKtr MU!1:KUW ~Urr J ¡ ~,~CA , N~~Ja ,~~é. 16E7 .~ -~·.:a~ue'fY· I.. .. 1'0, 2009{ ~ .~ 38 of6f3 O't'tOW- ~~1if~ PROPOSAL :J~(þ£!J df. ¿offit & g~a.la, JJna. No: Date: 8JlO-A Oct 17, 2005 Proposill Sub",itted To: .Work To Be PerformedAr: BROOKS & FREUND, LLC. 5661 INDEPENDENCE CIRCLE SUITE 1 FT. MYERS, FL 33912 PH: 939-5251 .. '. . 'X" 939·5117 .'~" . ... . . . ¡ ~.-... . . ,. . . We hereby [Jropo~t: to furnish tire malsl.rtllls alii pe.rform (lie.JaburN~/Qdlre r;ompl~!tm of: I \ ..: :.' ..:::' ".:,~~¿:"',:,"~,.., '~:":,,: :;:;-::.!; ··.·EMS #; 19 FACILITY .~. '46f;1n SANTA B.ARBRA BLVD :COLLIER COUNTY . ::: '.:~~:.~·>:,.:...i~::···~,.:". .... :..' '. : ..... INSTALLATION OF ASBLEY ALU~N~ SOFFIrAND ~R.EAK~~~'IA... ~ . . . . 3,450.00 'Í, . . . .. .' .:..;...., '. .' iJ' :.(..':. ''':;,:: '.. t 2. b '5' ~ ·ó '(7. i'~ 11'--'Ä.> . ~:; prc"t-;"';" .' . '.. :..; : .. :;" 1:. ':'.'~....:;¡. :::~ 3'1fSO ·.~>ij¿~~ . ·.·ÖC(¿~· ..:.:;:. . , . , ''; I,:: ! .;::';"..: .~.~:. ~'>:''''~='':;; . . . ". .-M.~ ~ '!. .. . . ,.., .. ::3i<~:: <~......., q .rs .. ... ..... :I ..-. t. 1. t 1 ':r¿}~'1ie: ' 1 'k.J .. c:. . ~,..};.:..: :'~/.:' .. . . . .. ... ., '" ." , .. . .. " .. ,.... . .. 0" . .. . ,: ;;,::~.!:... ':~:;; .~;>.> . . . '" . " ·-:";~:7:·. .'.... .. .. ... .. . . .,'. . .. ," .. :~.: :," .. . . . .... . . . ... - ...... . . .. " ". .}fl1:~p·M1lfrRf1f: & LABOR: .3,450.00 .. .. ~ . ',.. ,., ~ '.:. ..' .. . . . . ;., ;.';.:. . '. .: : '.' . I'... "." . ;... -... .' .....:. '. .:.... ".' ,. ,,;¡: ".. ".~:'..: '.'" ,II material is guaranteed to be as specffi~d.an~:~e abD.~.~¡'k·~·&.p~r~Drm~ 'n.,lu::co~..~~~;Wfth't¥.:draWÍDgs and speciflcatons ubmitted for above work and completed in It' sù:tr~~ItUàf; W~i'k&naitS1íl~d~e ~8n~r~. . :: :>~ : ;:1A.·.I , _ _ Vithpa)'menttobcmadeasfoßows: NetIOth·qf:Ne~tMont.h,·' ". ;." '.' . .::.~.. V ork",flJI 's C ompensaûolt &. LlabillJ.y lns¡qanr:e proiiÏ¡¡e1i by . . .' Go:\fQn S\'!I"1br1. V,p. of ~ 'tifJre:¡ A. Morrow Soffit d Fascitlr/n.c. 'Rl!~lI,J!1 SllfJinit~~([: .: . .. .lcul.r,#'s: CC 23182; !f!,AWOOOrJ07,. Collie 1634JCi .. . .. . .... FiJrjeJrri¡':f. MO",IW SOffll &; Fascla,.lnc. ":lIarlCffe AAA007432: PunIer Gorin 061JJ3; Pin~Uas C7852. .: ivÖT:Ê,:.'1jti:.fiop'øs(l[m~:~ ~~rdr.awn by us if not accqJted wit/¡ill30 days. .. .. . ...".. . "' '. .. The above prices, specifications and conditions are satisfactorY·~lÍd ä~It~Î"eoYllc~'pi:ed. Jeffrey A. Morrow Soffit & Fascia, Inc. is authorized to perfDrm the work as describe.d. Payment will b.~·ma~e:~(o.uUiiï~.lbove. .,.... . ACC~t:A~CE ClFiPR9pOS.Û. Date: Signature .I-. 926 $.E, 9th Street Cape Coral. Fl. 33990 Phone (239) 772-4914 Fa.x (239) 772-5480 I'--W(") WOW WO~ ..-NO . -0) 00(") Z"- Q) Eèo> Q)cuco __::Ja... - c: COCO -0. c: () 0> <C ~8 î OVJG g .'" i· = i ~. &! =~'. : Il101"1 III ~i ~ ~'" ::0 11.":,:, e tñ>< 0 œ:¡f a ~i ~ ~ ~ o - ¡. ~ . !!.. . 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('"f"J. ~ CO .,.... d).a-""'" og tn m CQ' t:I:I U 4: IÞ:I I r:x; U 4: ØCI $> <S) ..., .... 1:.'" 1(5), "" : tJ:, I I I 1 . I ~I '....:I :I:1t><! U¡::z o:C1IC: % g" 0:::2: °18 :.:::1t/2 ~I;: ~I~ ¡::<e:. I:SJ!.... .....1:::> ~Io ::.:, <5Iji-< ....,;:1 (T f~-' " .... ¡..' 10 ' l,rC:Y"'h- .-~ " I ~,~_. ~..: "I I' Þ:I ;:;, "~" I ~ I ; _ ~"'I'-'C1'": , Hso :ctl J (,"h~~ 'c:J ¡ .~ ,:~ ...... ~'.' ;'Ñ - !"""Ii ~:r.: = i "", ....:I a:; , = ai' I?-~I''''~~''' SlI' .~ $ 0 .r- .;...... ~ ....t'.. ,I . ......., ¡,-j.¡:;'.. 'x ;.....¡ ,~~!,: ,~ ""_t,J:' ~_I" tS/ 1.--. -- --.Î .......... ....3 ,., m !N ~ .....1 N ...".... . :'''', j ~\ ¡ r .: o! ! [I' , 'I ~ :; : , " :J __=L~~.·..:_~ ¡ , NI I I ¡,¡I' I 1:0' : ..c' , ' ¡u¡ ¡ .....¡ ! tS/! oM :s: ! I i I eel :1 0:; lie. % ¡:z:: a ¡;Q :~ s; - ...... ~ .... <- ~ 51 .... ~, % ':~i~ : l- II G :..;.: I 'l ' fLc ~ ~ <:r: 2 ~ ~ ~ ~~¡¡t¡;- ~ ~ o ~ z < z ¡¡: <: ¡:z:: u ..: ~ :~~ - Ii l ,~' ~~~:~: ;-~.;~;1 ,...... ,..~ ~ , T 1'1 T c w te' .... ø ~ ~ !.I. o C ¡... ~ :2 ñj ~ II, 1~I~f L:.. > o ~ g 0- .. o .; <:) .- w -g ~ 8 :I~ ¡ . en .. .... ILl ê "'I z: t! :::1 c( .., -::2 £ IÍ '1::- ';¡ ! 8 o ] ) ~ ! - æ æ !" u I a: ~ u; = - Q. þ co .... - M o = . I ;1 b' ..:I = 3 :; a:¡ ¡:¡. ..... H ª! ! I ~ ~i c:J :¡ ,:::;1 :1 ..... ~ - r;.. "'" ..... .CT'I ~ ... i :>/ ~, &I! ~) .nl - I x' en' ......1 O'i ~ u:J - .", ~I ~;. <5J ...... .., rrr ~l MIll. -- \. 'I.- , -- ~ "'P.!.'C.IIt-..-......... ()~ (){/l<) Agenda t~o. 16E7 Ja~u~10,2006 Page 40 of 63 , Ie" 0' IJ c:...""",", 'V~~ If ,S"ty. 1/ 2 ð8'D t ----- Rolling Doors - Grilles- Fire Rated - and Counter Shutter. CHANGE ORDER TO: BROOkS & FREU!'III}. I,'-C 62!S! METRO PLANTATION RD.. FORT i\1\TR~.Fl" 33912 I'R.OJEt"r " EMS F.~ClLln' /I 19.- C'OLLlER con/TV- S~N·r." B.J\RBAR.4 BLVD, !'iAPI..ES, rlA. DA n: : I-07-0~ Ó 1.> o Tllis will !ltI,ht)l'i7~ ,h, followin¡¡ dIRn¡¡es: WE HA.D SEVERA.l.INC¡;ŒASES!N THE PRICING SINCE THAi DA IS A 19.604e¡.I~CRE.ASE IN THE QUOTE. "-'- ----~. ._.. __ -J.,~__.. TOT.'\.L Of' niANCf: ORDER 5 2.87~ ,u c..t'~~. Thì~ c"eng~ order cOt'st¡t..,te, full I;n31. and ccmolete companution to the Su r ;all costa. ."p..n~e$ cverllud. prefit ar'ld any damage o! every kine! th¡;t the S¡,¡bcornrsctor hed ,Iready Ir'lcurred Dr ma. '!'Icur in co,nnection wi!" Ihe above referenced changes in tile WDrk. including ,ny impact on tile referenced Work or on ny or t"e Work UI'iC!er !P,e refere-<:ed SUDcont'/lct. IIny c~e!1gel in tile seQ~ence of any Work. a"y delay to any Work, an . rup!;on of any Work. any rf!sc~ed\Jling of any Work and IIrty Olner affec1 on IIny of the WQI'k lInoer the Slibcontrëlct eX1!CUlion Of IhiS CM"peorder. the Subcontrllctp' accepts the contrac1 price chenge end the contract completion dale chlrn~. if IIny . IIfTd f:J(prtr!lsly wl\i,,~.:. an)' claims I"f ~rtJ addltiorlóll cornpel1S8liÐl'I . á¡¡rn,¡ge ('" ,;,..,..,& ax:anSIDn ." cor,m~ctìo" With th~ al;ov., r.,lerfll"r<,sd ch¡ngt-s . Exc~!'t 11$ "erein or heretofors e7.press!y mod¡1!eo . ¡;II terms of the oriS/irq,! SV~CC'''I'..ct ~hall rem31" in !..,! ,:>rce <lr,,' sf!ec! ;r'ld sha!! cover the perforr,-,IIr.ce 0' . ¡¡nd payrnent 'or 2";' wor\( authorized hereunder II is reqlJested thaI ¡'~U indicate yo'..!r !lCCeDte"'~ of this çt,an¡¡e oHler by e;J<t'cutifTg the !llløçhel1 ÇOP'=$ and re'ur~irg ore fully executed CODY al your earliest convet'\iel'lce ____._...________. Mk._..'~....... ~ " ._______. Th~ ori:;na' Contrllct Sum WII' ( tax not inc-luded) ,.................... $ 14.686.011 !'let chngf h} prl'\ ¡ously J!utMrized Reqllt'!1! and Chal1ge ....... ... ... S Th~ Contra('f Sum ",.iør ,., ,hi~ Chll~e Onlt'r wa~ ................................ S 14.6116.00 The COlllrael "ill!>t ( increased) ( ,'e¡.re.m:d) (~;l0\ I;ot inc!uded ) .. 5 .v~i9.04 Tht' II('W (:Olltl"I\(,' ,urn including this ChllJ1gr Ordl'f ( t:n IInl included) ... '.ì 17.56:'U)4 .-------.-.---.- ...--.---. -----.--- ACCEPTED 8\ : BROOkS &: fREtNO, lLC B~ : ____ ._ ____ Title: ------..---....--.-..-..-..-.. OllIe: I)r;te ; "'",..crnhu (1-, 20U5 -'--'."'-' -'-- "'IOH:: A,,"ptll:t,r ;hould be executed h: CO!'por'ste ,'ffker, _._--_.,~ c Best Rolling Door Inc. 9780 N W 79 Avenue Hialeah GardMs, Fl 33016 (305)821-0007 F (305)362-8687 Agenda Item N~.¡~~~~ January 1 ~ Page 1 of 63 Quote Customer No BROOKS & FRE Quote No . 664:3 QLAote To BROOKS & FREUND. LLC 5281 METRO PLANTATION RD Fort Myers Fl 33912 ShIp To REVISED 10.14-05 EMS FACIliTY '# 19 SANTA B,A.RBARA 8LVD NA,PlES, Fl L.__.__..Qiit"'___ 10/14/05 .SÍ'\'P \(!!! ._.. ____ _ F08_ Origin ....___._._.. .1~:~~ ...... .'.'. .' 50% DEPOSIT BALANCE COD .,.J F~Ç/']II_~e Cr~Qr ,!,!u,:,ber §!le~Pt:r!l9" E dwing Meyer .,. ~':.t.J~ì~,! . ______ 10/14/05 , O"II"Iily I Reou.red Shj!)oed B 0 4 ¡!em Number Des(:t1ptID'I Urtii Fnce J',mour',1 ( 14'-0"X12'-O" SECTIONAL DOOR WHITE F='INISI{ MOTOROPER StlOCKS INSIDEFOW, FUll VISION LAMfN,A.TED GLASS. -ANGLE SEALtOf? SEAL. 130 MPH TEST WIND SPEED_ LIFT MASTER-DUTY TROLLEY OPER, 115V 1J2HP 1 PH , 3-BUTTON CONTROL WI KEY RECEIVER UNIVCOAXIAL 412 H8 COILED CORD,2-W!RE 18GA_ TR.A.NS 33LM-3-BfTON REDfGREEN TYPE !).2 WIRE EDGE FOR SECTIONA DOOR, R/S!DE_ REMOVA,BlE CENTRAL POST 16 GADOORS NfA WINDLOADED iNSUL LAMINATED GLASS NíA. MODEL 630S W5 CLOPAY WIND CODE COMMERCIAL DOOR. ANY OUESTION PLEASE CfI..LL. WE AlVV,A.YS BE HERE TO HELP PERMIT BY OTHERS MATERIAL & LABOR IS INCLUDED TAX NOT INCLUDED _ANY QUESTION PLEASE CALL. 43912$ 1756504 Quote subtotal 17565 D4 Quote total 1756504 WE APPREC',~TE YOU!=( 8USINESS ( Thark You 11/03/2005 14:29 19415749155 J'jr ACTION GLASS INC !JJ~, ",r I ~J"""' I U fo-/(......-J ( . 1110 Pine Island Road Unit #33 Cape Coral FL, 33909 Ph: 239.0574-7111 Fx: 23e..574-9155 (\);"\'....'I\l( /lPi\:I'I\'\!LI (I({I)lI, "1 D..te: 1113l200S To:BraoþIF~nd .'.--'. " f- ¡) t r:. E r' rTI 1:: r F ') p 0 '" ,\ I ;: c' ¡: :',!., I' Ii J~. THE L \ t t C' \ .. PROPOSED C GE: No. DeIcrI Starefi'ont 'GlU5 PGTr~~ndowS' . Misc.caufkl~ & H.rdware "'--'" DAYS ADD CREASE : . . Contradt $\ Ädd I Dedlj . New C '--;¡ T"Hrs CHANGE ORDER PROPOSAL WHEN ACCEPTED WILL BE AN AMENDteŒi GLASS, 1Ne. At1rREEMENT, AND ALL CONTRACT PROVISIONS SHALL APPLY II THIS WRmEN !cHANGE ORDER PROPOSAl IS THE ENTIRE AGREEMENT BE" GLASS, rHe. wiTH RESPECT TO THIS CHANGE ORDER PRoPOSAL NO ann: SHALL APPLY to THIS CONTRACT AMENDMENT UNLESS EXPRESSLY PRoV.r:! TAKEN ON THr$ CHANGE ORDER PROPOSA NTrl THE CONTRACTORS CH,! GLASS, INC. ANb CONTRACTO IS REC ACTION GLASS, c. Aulho Signature Prtnted Name : 11 i . · tfdlllgl Otdenr In value ørwatør thin 15,0lIO.00 II!CUJ... mf,w and _/gn8tun tit PI ! ...i... em 0.1 January 10, 2006 pa2,\2 91¡63 0 2.." I Jó 0 '1..Jdt~ 1v->t- r:, ,- H":"'~ \f~ r"') , Construction Contract ....- lEASE INCREASE: SO.Q() $0.00 ". ~. 511 900~ÓCI 5:0.00 SC.OO -" -_ Sl.4DO.OO 5>0,00 - $~~Q&9 -", $0.00 - 5500.00 SO.OD .' so.oc 50.00 50.00 SO.OO $0.00 $0.00 $0,00 Subtotal S~~ .. , $0.00 S4.370.Or om: ". S21.73q:Qg ::1): ".. S4.370.õë ::1 Sum: ., . !t';6 JOO.oc :rT TO THE CONTRACTORlACT/ON "LESS sÞECIFICALL Y EXEM PTED 'VEEN CONTRACTOR AND ACTrON It AGREEMENT OR MODIFICATION ::D HEREIN. NO ACTION SHALL BE ,INGE ORDER (SIGNED BY ACTION ~ , -J ., /ð /t::? _~ I want work Ie Drac:eed Ie Date .ld.nl:lActlan GIla, me:. I: "OEe!. .,..~_~___,,",'~"'A ll/~j/L~~~ 1~:11 l'j~lj;'.:i'jl':J~ A'__! lur'''¡ :,)L~~:> 1.1.....1-' Agenda f1:t:!'r'lTNo.<::J16E7 January 10, 2006 Page 43 of 63 r'··- --' .---- ( ACTION GL~SS L"iC. 1 J IIJ PINE 1SLAND RD.StiITE jJ CAPE COR..4L FLORJ1M. 339()~ 239 5i4 ï17I FAX. 239 574 915~ PROPOSAL ATfE!II'nnN: IJ(.~ UA'liE - ¡O·ll..l.l5 TO: Broo/.is l FrtllniJ 7ifJ!ßEP. - JOB: EMS 19 !.) Sti:!rcfrol1t - Sene! 5000 By Yi~awan Wr.itc 1mp~ct Fr:!.!!!c!! With '116" G~y Tin~d Impact G!;tss.JiraJœ ~~ü,.& Angl¡:s A5 Needed. Z.) S~u"cfront Dot!n - ImpAd Sc1ries Medium Sti!~ With Sur-daro ];-1 ¡ nufacturC!i mU"L"v~rc.,Bvtt Ifir.~cs, PusbfPuUs,Snrl'acc Mounted Clolic:r~ 3.) \\,'indow~ -lmpm:t ~tit5 By PGT InduMric!'I.Egre.ss Wen: Lor.¡¡tr: ¡ On Yrint! Ctkncmcnt T.Hte..<\nd f"rojcct Out As Indicated On Print~, G¡m:I(;.v.ilil - If." CIC:1T Wire GJa!s l.1 Doon MarksB & D. . ~.~--.- -:...~-:--=,. :-:..~-~;: ... ~ . . EXCLUS!ONS : StaInless S~œJ Fa!it£Rc:rý- AlL J!rUrrvrs ( We Propooc Uercby To Furnish Material And Labor 11'1 Ã~ordancc With :\.bovc Sptcific;¡1iom; - FOt' The SUm Of; S 2(Ï,100.oo 'iWENTY SIX mo-u~."'N'l} ONE BL-'NUR! :D DOLLARS PA YME,~T T.E~;'fS: .N A.tlthQn:t.lid Si~!1!ttnrc ~otc P"''''I¡\osall\-bybc \'r'ltluJrawR By U~ if Not. Ac.cr.p.tcd. In .30 t)ay~ r-\CCCiH~Jutc or PrOp01tJ!I: Dntc Print Harilc , ~itlc 11/11 : )B ¿ ,..::tj /'''C ~ tJ /atJ() ," / N' _,. S ¿- / n:J I~T 61M$- /lJc!Z6'ft7~ /7'.~~ . ~J ~(/JlA.l/)JþD p....J 5 - ¡N C~¥,¡ G 5: I' rù l'1/:¡.. av'K/)..)~ If}';¡ -/r¡J(R~~& __.~ c ...:::{ J. !).. co . tJ '-I ! QI-. ...5..,r c¡Q.¿ ~J T f ~. / ;: /:: ,"ì (, 2 0 ~ / f ;:.¿./ .J¡J (! I l' , I r'- ~ ¡/'A "/.J~ \~(VJ:t(wv ------.--..-..... 10/12/2005 14:16 19415749155 At: IlUN (;LA::;~ lNl.: Agenda Ite~166Z January 10, 2006 Page 44 of 63 .- ACDON GLASS me. U10 PINE ISLAND RD.SUITE 33 CAPE COØAL FLORIDA 33!'O!J 23' .574 7171 I'AX. 239 574 9155 PROPOSAL , ATTENTION: Peggy DATE -lO-12-05 TO: Brobks I Freund lffj/¡ßEþ r- ·JOB: EMS 19 1.) :~t01"efront- Seria 5000 By Vistawall White .Impact Frames With 9/16'" Gtt)' Tin.... Impact Þtus.Bra"e MdaJ &. Angles AI Needed. 2.) Storef'ront Doors-1IIIpad SerieaMediulD Stile W'Jtb StaødanlManufac.tures Øardware,øatt BiDges. PullhlPalll,Suñace Mounted COICI'J. 3.) Window. -Impact Series By PGT Jndastria ,E~u Were Located On Print!. CRSement 'rype,Aud Project Out Astndicatcd OD .Priat.ll/ . GJa.~slGlazing - W' Our Ware Glass At Doon M.rk.~ B &. D. -.- ',~. ". - '-'-. '''Y~ - -_ _.. _ EX¢LUSIONS: Staialess Steel FllsterJer8- All Mirmn We Pro¡þose HeRby To .Furni..b Material .ADd .Labor In Aceordance Witb ~ SpecírlCatioM ''''11o~Sum or: , ...,....00 TWJ:N. 'IT~ ONE III7NDIŒD DOLLARS PAUIÈNT~~ ~ AuthOri.~.ed SiJPIature . ~~ : olm Harwood Note Propctsa) ,Maybe Witb.drawn By U. tfNot Ac:œpted J.n 3ft Day!!. Acceptance Of .Proposal: D3t.c Print Name Title L -~----_. - .-;--..."^'.-,..., . ~.."",,_...--~ ------ - ---.-- - --.- w ( Age~ ~tell) NO.1. 6E7 .¡. !.it-lQ,2006 age 45 of 63 ,..J...... t C t·· f} P: 239-985-0330. F: 239-985-0331 elarry@samdrywall.com CHANGE ,ORDER 1 November 1 2005 The following is a detailed break down of pricing and the cost increases due to delay in, construction. Please be aware most of the increases are based on shortages of both labor and materials due to the severe hurricane season since 8113/04. Remember this job was priced prior to hurricane Charlie ever hitting Florida. ' The Two factors are broke out below. Labor: We are currently paying on average to metal framers and Drywall hang~rs and finishers 18 dollars per hour with our top paid men at 22 per hour. Last August of 2004 our top paid field employee was 17.50 per hour and average wages were 15 to 16 per hour. This job has budgeted for our scope 1962 hours of labor at an average of 2.5 per hour more raw cost with no overhead applied, Materials: o were paying 9.12 per sheet for drywall we are currently paying $ 15.36 and are projected for 2 0%' ases between now and JUly 06 making the selling price $ 18.75 per sheet. We were also 8 YI Stucco for 6.25 per bag and are currently it is 7.85 per bag. Our increase to our contract 5 Metal 8.00 n moldings All work nee with our existing contract. ,If you should have any questions, or need further darifications, please do not hesitate to call, J ð'r \c...e.. ~ l S, 384 ðr\5'II"'Þv r' 11 :2,0 6 2.. ~ f r l c..JL To: Brooks and Freund Attention: Tim Job Name: Collier County Ems # 19 ( e metal in lieu of wood add $ 3198.00 Sincerely, I ( r-J~~ Larry Burnes President, SA.M. Drywall, Inc. II--J.c::...r~c,. 5~ L.¡ b 3 ì Agenda Item No. 16E7 January 10, 2006 Page 46 of 63 {1 tL - - - -.-.-. ._.~_. P: 239~985-0330. F: 239-985-0331 .Iorry@somdrywall,com PROPOSAL/Revised Proposal to: October 11. 2005 Srooks & Freund. LLC Tim Keney 6281 Metro Plantation Road 2~9-939·5251 239-93g-5111 I.D.: Project Collier County EMS Building Santa Barbera Bldvd ( off Davis) Naples, FL. Date: Phone: Fax: . Archite.ct: Phone: Fax: Date of Plans: September 02, 2.003 -.. -,-, wfi PRÔ¡:iðSË: 'To furi-i¡6h'lâbõ~ iTiãt¡rìåtš-tõ-ëõinplete the fol!OWini; scope of work per plans and specifications as Dutllned below. per plans and speciflcations Including: Metal Framing & Drywa": 1. Bid Per Plans and specifICations. 2. Build All Interior Non- Bearing Metal Framed Wa1¡s Per Plan 3. Metal Framing To 6e 25 Gauge Per Specifications. 4. 1 x2 pt furring over masonry walls. 5. Bathrooms To Receive MR Drywall and Wood SacKing for Grab Bars 6. 5J8~ dryWall throughout. 7. Walls 10 be finished Smooth Level 4 Ready to seal by others According \0 A\,'"CI & ASTM Standards. 8. Appropriate Lighting Conditions identical to Final Lighting to be provided by General Contractor. 9. Supervision & Hoisting for scope of work. 10. instaü Wood bucks at interior door frames. InstaHatio.., of wood frames by others. "\1. 6uild UL 419 interior Fire Walls with Head ofWa!! Caulking. 12. Clean-up of job site de!:>ris related to our scope of work. 13. Includes metal framing needed for dr]w5J ce1llngs in offices and bunks (plan shows wood framed) Stucco; 1. Stucco Per Pan and Per ASTM 926C 2. 518" textured finish stucco over t>lock 3. Window )ro\ection. <4 Smooth finish bands formed with 1.25 s~op bead aM if' fWed with smooth fiOi$11 stucco. S. Vinyl stop and beads. Q Sc<>ffold for our s=~pe of work. 5600 Zip Drh,'e .Ft 1~·).yersJ FL 33905.CGC 1504116 L_ EXCLUSIONS and ClarjfiçatlO"$: . No wood framing or I!Iny type of trim. 2. InsulatÎOn. 3. Caulking, Sealants. and B-3ker Rods at Dis-Simijar Mate¡jéìÎ$ Excluded 4. Trim Beaas At Dis-Simifar Materials Excluded. General: 1. TraCIe F'<elated cean-Up To General Conlractor Pro....idéd $ite Dumpster 2. Genera! Contractor Responsibis for Envjronmemal CVnditionir.g 3. Sid for work duri.ng normal business ht>urs. 4. StaSing area for plaster and/or joint compound mixing operation$ with a washout area for tools and ~u¡pment will be ~rovided by the Genera; contractor. Agenda Item No. 16E7 January 10, 2006 pagr n: 63 Price Per $cct'e: 9201 Ml?taf framing: $16..700 ,/ 9220 Portland Cement Flaster: $21,000 9250 Drywall: $24,400 I A::.d alter!'\2Ite f-,:¡am crown moldir,g not o¡iginaHy p,iced add $11,900.00 Ifn&eded All Pricing is ç¡Dod for umU July 2006 as requested TOTAL BfD AMOU~I.without.ßternate -~- -~.,,- .~-. $ 62,100.00 ( Tim as back up The original bid was 1112004 materials and labor haye both Increased sig"ificantly If YOIJ should have any questions, or ,'1eed further ~13"jficaUons. please do no! hesitate to caN. Your business is app~cjated. rÃ6 V Larry Burnes President, S.A.M. Drywall, I¡¡c. orry@samdrywoll.com Mobile 239-707-9009 --- 5600 Zip Drjve .Ft Myers, FL 3390S-CGC 1504116 ( ·- .-- - .- ----.-- ~~~~¡~~ -- Agenda Item No:16E.7 µUµ Jar1.ary 10, 2006 7~r-8 of 63 ,.{,_ ly..,;f.,JAJ J-u '( U ~.'VU'VV v~..~ ¿nA _v~~v~_v~~ . I P: 239-985-0330 . F: 239-985-0331 . farry@samdrywall.com CHANGE .ORDER 1 November 1 2005 To; Brooks and Freund Attention: Tim Job Name: Comer County Ems # 19 Iþe following is a detailed break down of pricing and the cost increases due to delay in construction: . Please be aware most of the increases are based on shortages of both labor and mate';als due to the severe hurricane season since 8/13/04. Remember this job was priced piîor . to hunicane Charfie ever hitting Florida. . The Two factors are broke out below. Labor: We are currently paying on average to metal framers and Drywall hang~rs and finishers 18 dollars per hou~ with our top paid men at 22 per hOUf. Last August of 2004 our top paid field employee was 17.50 per hour and average wages were 15 to16 per hour; This job has budgeted for our scope 1962 hours of labor at an average of 2.5 per hour more raw cost with no overhead applied. Materials: o were paying 9.12 per sheet for drywall we are currently paying $ 15.36 and are projected for 2 0%' ses between now and July 06 making the selling price $ 18.75 per sheet. We were also B YI Stucco for 6.25 per bag and are currently it is 7.85 per bag. Our increase to our contract s Metal framing $ $ 5,508.00 Line item add for framed ceilings to e metal in lieu of wood add $ 3198.00 Drywall . $ 8037.00 o c- Line item add $ 11.900.00 for foam crown moldings All work shall be performed in accordance with our existing contract .If you should have any questions, or need further clarifications. please do not hesitate to call, M e t~ ç;.~~ ''') / þr 7'-"(( (rLíl..,~1 1uotc.. ... 211, '3~1 1ud ~ 'Í 37,'" 0 L.- -r;;:; S ~ 5 Sincerely, Larry Burnes President. S.A.M. Drywall, Inc. tJ'G-""""' - '''''"IiI''II'''iI't~_''''h'''''''''> · ._&& - - . . . '- -- - -- -----~_.'_. --.---.- Agenda Item No. 16E7 January 10, 2006 Page 49 of~3 10 H ( P: 239-985-0330. F: 239-985-0331 . larry@samdr)'\'VolI.com PROPOSAL/Revised Date: Proposai to: Octcber 11, 200S Brooks & Freund. LLC rim Keßey ô281 Metro Plantation Road 239-939-5251 239-,939-5117 I.D.: Project Collier County EMS Building Santa Barbers Bldvd ( off Davis) Naples. FL Phone: Fax: ArchItect: Phone: Fax: Date of Plans: September 02, 2003 -. .. .. - -... ._- - ~ -- _. -- - . ~'. -... -....- .. -. - --- '. WE PROPOSE: To furnish labor & materials to comoleta the following scope of work per plans and specifications as outlined below. per plans and specifications Including: ( Metal Framing & Drywall: 1. Bid Per Plans and specifICations. 2. aulld AIIIr.terior Non- Bearing Meta! Framed Watis Per Plan 3. Metal Framing To Be 25 Gauge Per Specifications. 4. .1 x2. pUurrinQ .over.rna~ry_'@.n.!i. .___. . 5. Bathrooms To Receive MR Drywall and Wood Backing for Grab Bars 6. 5I8W drywal1 throughout. 7. Walls to be finished Smooth Level 4 Ready to seai by others According to AWCI 8. ASTM Standards. B. Appropriate Líghting Conditions identical to Final Lighting to be provided by Gensral Contractor. 9. Supervision & Hoisting for scope of work. . 1.0. Install Wood bucks at interior door frames. Instaliatio:ï of wood frames by others. i 1. Buíld UL 419 interior Fire Walls with Head of Wall Caulking. 12. Clean-up of joh site debris related to our scope of work. 13. includes mela; framing needed for d:"'yWaH ceilings in offices and bunks (plan 5hows wood framed) Stucco: ,. Stucco Par Pan and Per ASTM 92SC 2. 5/B- textured finish stucco over block 3. W¡ndow protection. 4. Smoot!') finish bands formed with 1.25 s~op bead an" in fmed with smooth fìni$h stucco. S. Vinyl stop and beads. 6. Scaffold for Dur scope of werk. 5600 Zip Drive .Ft ,".AyeíS, FL 33905-CGC 150411 6 ( -.-....-.- -----.- Agenda Item No. 16E7 Janu:~a10, 2006 p~ ðJ~f 63 ( EXCWS,ONS and Clarifications: 1, No wood framing or any type of trim. 2. lnsulation. 3. Caulking, Sealants. and Baker Rods at Dis-Simiiar Materials Excluded 4. TrirT1 Beads A.t Dis-Simllar Materiais Exc.luded. General: i.> Trade Related Clean-Up To General Contractor Pro'ýided Site Dump5ìer 2. General Contractor R~ponsible fQr En\liroilmemal Conditioning. 3. Bid for work. during normal business hours. 4. Staging area for p'a$t~r and/or jointcompound mixing operations with a washout area for tools and equipm8l"lt will be provided by the General contractor. pnca Per Scope~ $16..700 / 9201 Metaf framing: 9220 portland Cement Plaster. $21,000 $24,400 t' 9~50 Drywall: A..."'d alternate foam crown molding not originally priced add $ 11,900.00 if needed $62;100.00 -. _.-... -. . TOTAL BID AMOUÑT without altemate All Pricing is good for until July 2006 as requested Tim as back up The original bid was 11/2004 materiats and labor have both In<:reased significantly If you shoul<1 have any questions, or need further clarifications. please do flot hesitate to call. Your business is appreciated, - - "- - - - ..- - - - -...-,---~. .- ~ L.arry Burnes President. SAM. Dr;waU, Inc. larry@samdt)I\Noll.com Mobile 239-707-9009 5600 Zip Drive -Ft Myers, FL 3390S.CGC 1504116 L~ --,"""'''''''...., Oct 05 05 CS:55a ~nll01n ~ro~n~rs /1- ~-:"" ~-"~~"fÃaenda I~e N~" 16E7 f....!.,t.(A...... '- : {t.t;;;..; Janu I 1 . 2006 age 1 of 63 PHILBIN BROTHERS LLC DIVISION 9 FLOOR COVERING 4599 FOWLER STREET FORT lVIYERS, FL 33907 PH: 23-9-936-9030 FAX: 239-936-9596 l::maU: PhiJbinbrotbers@elU"fblink,oet Floors: WI\!!.s; Carpet: 1455 sf@ $ .65 490 ~r (~$ .46 106 $Y~þ $1.65 $ 945.002.- .$ 225.0Q) $ 175.00 '" "I'" .: ~ v -.J we......... ¡-;) € J li:uc:>tc: .:t{ 1"5 12C V J I oJ~f~ Ib,29'C 'þ ¡ llî ~ Dat~: 10/05/2005 To: Brook$ & Freund ,..1,nn~ P~ggy Ref: Col!ier Cty EMS #19 Price Esca!aliol1 - Completion July 2006 t'\~ramic tile: Total Add Required $1345.00 .C{t (- ß -----Anthol1y Troiano Manage!. Ct)lldl.l OJ vision ( o~~ D~ Q5 CS~S~a ~nl101n tlro~~~~5 ~ "Î Agenda Item No. 15E7 2- 0" ¿.., z..:.. January 10, 2006 ... ~ " .:> --' ;:) ,,' PagE?-52.of 53 ( PHIL BIN BROTHERS LLC DIVISION 9 FLOOR COVERiNG 4599 fOWLER STREEl FORT Mì'EnS, FL 33907 PH: 239-936-903() FAX: 239·936·959. l::maH: PhiHJiiÜJrotllen@elt'{hlink. et C~arpct . $ 945,00; _, ~-, $ 22~.Oo..) $ J i5.00 ~ ð" , ...."'( r''' t... I'-' c:....... i' "'~<! .2.5 2. "5 jct15 I /'oJ cfC-'::¡S~ 2656 Date: 10/05/2005 Tl)' llrooks & Fr~und Attn: Peggy Ref: Col!ier Cty EMS #19 Cenunic tile: Floors: . WIt!!S: 1455sf@$ .65 490 ::;f@ $ .46 J 06 sy@ $1.65 Priçe Esca!ation - ('ompl~tion Juty 2006 Total Add R~quired $ J 345.00 ú" /"./ ____ . C. ----Anthony Troiano Milnag~i. CVlIlli1l..l Diyi~IVl) .f- .,".~.,._---.""',..."~' r,ov Uti U::I Uc: Utfp 11m noore ~aln~ln~ Æ'- .... v - _. Ãgëñda Item No. 16E7 I ¿,~ J~ua~ 10,2006 __ ~ ) z ....::5 Page 53 of63 ( TIM MOORE PAINTING COMPANY, INC. 1821 Richards SL Naple5, FL 34120 (239) 354-1680 FAX: (239)354-2965 1145 SW 1" Way Deertield Beach. FL 33441 (954)725-3443 FAX: (954)725-6494 November 8, 2005 CHANGE ORDER REQUEST Peggy Martin Brooks & Freund 6281 Metro Plantation Road Ft. Myers, FL 33912 ( PROJECT: COLLIER COUNTY EMS "-Jc:.. rc!.~ ') :- .1 960 · 5 1 $ 16,009.03 cr our conversarlon, we are quoting an upgrade pricing of $ 960.5 material increase; Original Contract Amount Revised Contract Amount with Change Order $ 16,969.57 f VII.,.;'" J.J. V-' IU.;'"?Oet )1m noor:e!' rftln~1."'C C.:J;:)-J.J-r <-.....v·Agenda Item NOr1&7 January 10, 2006 Page 54 of 63 ( TI~1 :MOORE PAINTING CO!\'fPANY, INC. ]82J Richards St. Saples, FL 34120 (239) 354-2680 FAX: (239)354.1965 1145 SW 1"' Way Deerneld Reach, F-L 33441 (954);25-3443 FAX: (.9S4)iZ5-6494 October 11, 2005 F-RO P 0 SA L Peggy Martin Brooks & Freund 6281 Metro Plantation Road Ft. Myers, FL 33912 PROJECT: COLLIER COUNTY EMS As per the plans. we are quoting a price of $1(i,969.57 for the interior and exterior painting of the above referenced projeçt. ~~ Timothy J. Moore L -_. -" -............ ..r...u. uu , I lid . A.. '~íi.ê.ßeni Nõ:. I -\.L.- 'f n Page 55 of 63 ASSOCIATED BUILDING SPECIALTIES, INC. 12165 Metro Parkway, Suite, 9 - Fort Myers, Florida.. 33912 239.337.2271 Phone - 239.337.2272 Fax: DATE:I0/17/0S SALESMAN:John B QUOTATION# 0196 revised TO: Brooks a. Freund A1TN: P , P.~6 f.. PROJECT NAME: EMS # 19 4.:J.J..J..JiLLfL, t-f4J............'-'_ .... (- WE ARE PLEASED TO QUOTE THE FOllOWl Room Signs, Vinyl Letters & Logo, Aluminum Building Sign. . )1'2. g t (05) 8d Room Signs (01) Set Die-Cut Vinyl letters & Logo (01) Set - Aluminum Plate Letters To Accommodate Mode Per Arch. RFI, Baked Ename' Finish. (30 Stand ( Supply Only: 1,632.00 -' '~1 ::..-.. Add For Tax: $ 97.92 ._ /) ;,.-.¡ Add For Installation: $ 450.00__" '.2 \; ~ /" ¡r Flagpole By~ Ed~r F~a;C::--::¡¡ir~ -ti Z. --/"""'--------- (01) $ECV30 Clear 33' x 7" x 3 %" x 8" # 320433 Carn Cleat, Internal H Iyard, Standard Ground Set. I. Standard Accessoñe. or')I'¡~ I prH,~ 2.oS. '1 '2. a b ^f c........ ,.. ( ~ c.. , (01) ScosPcper Clad lightning Rod 1~ ,j;'5. ~/1.C (02) x tton Flag ~ SjC- Supply Add For Tax: $ 11. _..... ,.., <.10- Add For Installation: $ 595.0.0 ___.__0... . ':9~; . _0' -,.- ,..., !ý ~.__.-. .,; as M" sines II . NOTES AND CLAR.FICA TrONS: 1. Exclude Blocking and CUt-outs. 2. Prlc:/ng Valid for 6D Days. 3. Lead Time 3~ Weeks, After Al;Jprovals Retuned to A.B.S. 4. Ouotation Is Båsecl on Ouantltles as stated above. Anv Changes In Quantities wIll affect PrIcing.. S. If Payment and Performance Bond Is Required Please Add 2.5% to thIs Ouotaticn. 6. All PrIced Work is Based U on Standard 1-. Shift Working Hours. ACCEPTED BY: DATE: lse. ( Page 1. _~. _" ___~ .~.u~ 4~J~~-~'~ ~--' --- - O( Page 56 of 63 ASSOCIATED BUlLDING'SPECIALTIES, INC. 12165 Metro Parkway, Suite, 9 - Fort Myers, Florida. 33912 . 239.337.2271 Phone - 239.337.2272 Fax DATE:I0/17/05 SALESMAN:John B QUOTATION# 0196 revised TO: Brooks .. Freund ATTN: Pe , PA6 £. PROJECT NAME: EMS # 19 WE ARE PLEASED TO QUOTE THE FOllOWI r sl'1&~1 a r 'j I""~ pr~ ~ r\e,..&. 2-1&0 .....,cit- r A,Jc.." c.c:;. S ~ jf"2. g I Room Signs, Vinyl letters & Logo, Aluminum Plate Building Sign. . (05) Bx8 Room Signs (01) Set Die-Cut Vinyl letters & logo (01) Set - Aluminum Plate Letters To Accommodate Modem 20 Per Arch. RFIJ Baked Enamel Finish. (30 Standard Colors) - Supply Only: S 1 J632.00 ,- 2--- Add For ",:ax: S 97.92. .' '1'1 "1- , Add For Installation: $ 450~' ''}- \ . ------------------------------------------------ ~~--------------~~------------ Flagpole By: Eder Flag Co. ~. i II 'n NOTES AND CLARIFICATIONS: 1. Exclude Blocking and cut-outs. 2. Pricing VaDd fer 60 Cays. 3. Lead Time 3-6 Weeks, After ApPf"9vals Retuned to A.B.S. 4. Quotation Is Based on OuantJtles as stated above. Anv Changes In ouantities wIll affect PrIcing. 5. If Payment and Performance Bond Is Reauired Please Add 2.5% to thIs Quotation. 6.. All Priced Work is Based U on Standard 1". Shift WorkIng Hours. ACCEPTED BY: DATE: (01) SECV30 (01) Copper Clad Lightning Rod 10' (02) 5x8 Ctton Flag L Page 1. <^'-'~"---"'.' C~'; (..- 9417906700 W~LLPAPER WORLD ( -----.--.--..---- / I I '<.J"tf' I ~enda-jtem-N,c?ÆQÇr7.~. C/fA'L.A'.t..' . ¡,U.ðê3huary 10, 4a'b Page 57 of 6 Page No.1 Ofl WALLPAPER WORLD 4IIIÞ 14621 SIX MILE CYPRESS p~ .'. --.~~ .... FORT MYERS, FL 33912 .. ... Pages TO BROOKS & FREUND, LtC. 5661 INDEPENDENCE CIRCLE FT. MYERS, FL 33912 ** PROPOSAL (239) 938-1911 FAX (239) 790-6100 PHONE93 9-52 51 DAnl0-11-05 JOB NAME/LOCATION COLLIER COUNTY EMS 4600 SANTA BARBARA BLVD. NAPLES, FL REVISED PRICING - DUE TO DELAY IN PROJECT ,¡.",. WE PROPOSE TO PROVIDE LABOR AND MATERIAL TO INSTALL WINDOW TREATMENTS, AS PER PLANS & SPECIFICATIONS, AS FOLLOWS: We Propose har.by r~ t,lt~¡.h ...ted41 an~ 14bDt.t'cml'hu DRAW SCHEDULE SIGNA'1"OI'tE n&.ft ARNOLD MATERIALS AND INSTALLATION OPTION #1: ADD SIDELITES AT VESTIBULE 1114 ALL BLINDS TO BE GRABER CLASSI BLINDS IN COLOR #638 TRUE WHITE Paymen~ to be made 4S fOlloys: PURCHASER: SIGNATURE DAn uct. U~ U~ Ub:J.~P ~I rlre ~rct.eCt.lon C~~ ~co (~Iu ~.~ :i Agenda Item NO." 16E7 l" January 1 0, 2006 :~ P~pf63 .::r-IL t 4f rf~~ Þ~ö-r~f4flð~. INt. 6' r I , ItJ~ , Phone 239-369-7412 Via US Mail & Fax 941-939-5117 t\J€"""'-I i r('0~ \8( 'Ò pr~ J 2-'r"3~ - r 1t G, 7-') October 5, 2005 Revision Brooks & Freund 5661 Independence Circle Suite 1 Fort Myers, FL 33912 t I-o.J c:..r ~ -t ~ RE: Collier COWlty EMS 19 Dear Peggy: Thank you for allowing C T Fire Protection, Inc. the opportunity to provide you with this proposal on the above project We propose to design, hydraulic calculate, fabricate and install a complete wet pipe fire sprinkler \. system to meet the requirements of NFPA 13, 1999 edition and local authorities having jurisdiction. All material will be UL listed tor installation in tire sprinkler systems. The point of connection is one foot over grade outside of the building. The cost for the above will be $23,375.00 (TWENTY THREE THOUSAND THREE HUNDRED SEVENTY FIVE DOLLARS) This proposal does not include the followi.ng: -Electrical, Alann, Wiring -Painting of pipe -Fire Extinguishers and/or cabinets -Underground Fire Main Once again thank. you for allowing us to provide you with this proposal. Should you have any questions please do 110t hesitate to give us a call. Sincerely, CÞt~ Charles A. Nader, President C T Fire Protection. Inc. ,. -,~-- .... - . -.. - - .....-...- .... -. - - ... -- ( CIAIGI ORDIR D, A:., DllIn:I.À.~ I?"~ J ]¡ @. "'J~fl"es.; n~_~t.:(J..;- .£JJL':~I Agenda Item No, 1't!1:':-r' "u... fJp:% 1.0,2006 r r:bttp3 ·/1'2.-1 1911 Seward A'W'e, Suite #3 Naples, FL 34109 Phone: (941) 597-5031 Fa.~ (941) 597-1590 DATE; 11/7/05 CHANGE ORDER #: 22903-01 TO: BROOKS & FRUEND ATI"N: PEGGY FAX#: 939-5117 RE: COLUERCOUNTY-EMS Changes to Contract: INCDRESE IN LABOR AND MATERIAL COSTS FROM FORMOR BID ON Augu$t 9, ;l 2.30a~tJò-· .---- ( TOTAL FOR THIS CH 2,300.00 NEW CONTRACT AMOUNT: ACCEPTANCe OF CHANGE ORDER: Prepared By: ROCHELLE C. ACRES R Acres Plumbin CO. LLC Accepted By: Complete &. Date to Rle: Signature as Acce ted: Date: 11/07 2005 2005 MATERIAL WlLL NOT BE ORDERED ANDI OR WORK CAN NOT PROCEED WITHOUT SIGNED AND ACCEPTED CHANGE ORDER RETURNED, ( - _...- .._,------- --.""'" --.--------. -~- -------.... --..--- I ( DnqC\¡DA:~~ M:. Ii .I{: .tt''',!I:-~~~i Jr., .tc~. PI_.;"_ C.ÐJe.,¡ ttC~ 1911 Seward Ave, Suite #3 Naples, FL 34109 Phone: (239) 597-0800 Fax (239) 597..1590 License ## CFC -1425770 1239 j~'1 ~a Item No. 1~ïD02/003 January 10, 2006 Page 60" of 63 . Û~µ OCT-14-LUU~ ~Hl 08:55 AM ACRES SERVICE REMODEL October 14,2005 Page 1 of2 To: Brookl & Fl'Dund AttD: Eric Brooks Fax: 939-5117 Re: Collier County EMS , I I - I. I l- We. propose to supply labor and ma.terials necessary to perform the plumbing portion of the a.bove referenoed project. OUf scope of work is per drawings PI and P2 dated 11-25-03 Wewill furnish and install the following: . - - -. = Uñaer' OÍ'ÕUrid"Sañífaiji Pipblg :... DWV -PVC' . o Excavation and Backfill · Above Ground Domestic Water Piping - CPVC · Above Ground Sanitary I Vent Piping - DWV-PVC · Furnish and insta1íplumbing fixtures per drawings or equal. · Furnish and install one 80-gallon wa.ter'heater. TOTAL REVISED PRICE FOR THE ABOVE IS: ~14.100.00 (Dollan) NOTATIONS: 1. We exclude fire protection system. cere drilling. concrete cutting! patching, pa.inting, and de-watering. . 2. Permit by General Contractor. 3. No utility fees or assessments. 4. No temporary water, S. No Bacldlow prevention or Meters. 5. No Condensate Piping. 7. No Gas Piping. Please contact me if you have any questions. L RellTff¢t Peter Pfaff SpeciaJ Projects Manager J."~//).' 1('~gendEr;;fèr:r;:t)lQ. 16E7 I' - Janusf1 'r'ð, 2006 Page 61 of 63 D ( & AIR CONDITIONING and HEATING INC. D P.O. Sox 51007 t. Myers, Ff 33GSW (1141) 81M-484g Fax (941) 894-4884 State Certified CAC02S539 DID 1011712005 S~T. Brooks and Freund ~ Metro Plantation . .S1:1f8 8nd :lJø CodiI Ft. ers Installation of: Phone FIÞr 939-5251 939-5117 Collier Coun EMS Job L.ocotion 4800 Santa Barbara Brvd ant 5 Ton 11 Seer 5 Kw Air Condftlonin 3 Ton 11 Seer 5 Kw Air Conditioni" heetmetaJ and Flex Duct S m P rammable Thermostats S f and Return Diffusers - Fr8in Aìr Malœ-u s 3 - Bath Exhaust Fans Bnd Ventin (1- Roof Mounted Exhaust Fan Ie/"S EXternal Du~ Insulation -.' - ,.,,, "'_ !'&,..a. .__ e rL c..e. rlc..~ nqtø.-e ~ eo 1umiI1h m..... and !labor ~ II'! -........... wIIh ebore ~'1iI:äDn5. for hilum or: Seven Thousand Two Hundred Thl Seven P&,mer4 Ia bel møde .. ro.-: dollars $27 237.00 I Mof8ria Is QUII- '" 110 -~. ,AJI_.. ¡,......-.... -""",",,NIw "'_ -;"8 ~ IIIIId.rd """""-. ~"Y~"''''''-'_ __ _~~....... __be __""Iru___.............._...___-__...__. .... ~_nb ~~ 1IpCII1fri-' ......... III' 1!eIa)'l: ""rand IOOKC>OIIIft:II. o...-ID I:Wrryh. _0 ...~....... -- "---0. 000r__1\¡y.........s Iry ~ cum_........... §cœpmnœ af ~rDpnsaI -The --- prlcee, ~ and SVøture ~... ~8ncf_ hereby~. VQIJ ~ ~ ro ao tne wonc. P~t WIll be møde as outIIned.llbolle ~ N - ThI5 ÐI'OPaNI may b111MIhdrawn byue "nøt ~ 1n.Jt âyII. 28te or Acceptance .( -.----- J£Ø ~ J 1 I ,r1.J.. z::; (¿ G..if]·tr¡· &,.--- ENERGY EFFICIENCY SYSTEMS ELEC::TRIC Oct. 31, 2005 Brooks and Freund Metro Plantation Road Ft. Myers, FI. Attn:Peggy C.O. 1 Price Increases as stated below. ) 1) Misa. Material add, $4,700.00 PVC and Wire increases. 2) Fire Alarm add, $3,658.00 This add also includes 1 strobe in corridor 119, 1 monitor module for hood system ,and 2 duct detectors not shown on drawings. ~____ .__~ _ Al.~.PVC: was$1,S..18 per ç, now.it ;~..$.4Jt\i5_ger~C_.,. -.- -,. --...-- -- .- ---- - . -- .... B) 1 PVC was $21.83 per C, now iPs $61.79 per C . - C) 2 PVC was $42.95 per C, now it is $122.75 per C D) 12 -2 MC was $244.72 per M, now it is $350.00 per M E) #12 THHN was $76.92 per M,/now it is $134.~o per M F) #10 THHN was $50,71 per M, now it is $172.00 per M G) #8 THHN was $163.20 per M, now it is $288.00 per M H) 1/0 THHN was $824.30 'Per M, now it is $1,536.00 per M I) 310 THHN was $1031.44 per M. now it is $2,406.00 per M 3) Fixtures add, $812.80 4) Gear add, $292.56 . 5) Generator- add, $1 ,500.70 ._--~ - ~._--_.. Total add $10,964.00 , ,.1- - ór I ") I . ¿,N oJ -"\oc!- P' . C!. eft.c...r 10cP 1 ( .~ '1 qb ~r / )~ qb'\ \D Sincerely yours R§f~7Ii;;- Project Manager/Estimator \ ( rV"-~~ ,..;c... , -- 28440 Old 41 Road Suite 9 . Bonita Sprmgs, Florida.34135 Phone: (239) 947-6500 . Fax: (239) 947-6801 e-mail: mst.rippoli@earthUnk.net . -----. )1FØ . /~ ENERGY EFF'CIENCY SYSTEMS ELECTRIC ~e~~a)tem No. 16E7 .)1 v~nuary 10, 2006 Pa e Z of 63 Oct. 17,2005 Brooks and Freund Metro Plantat;onRoad Ft. Myers, Fl. Attn:Peggy [, J"15 ~ tq .çë~ RONtd 'j I 1:>1 1'1 J 0 ~ 5"'~ Lf C. O. 1 Price Increases as stated below. ) 1) Misa. Material add, $4,700.00 PVC and Wire increases. 2) Fire Alarm add, $3,658,00 This add also includes 1 strobe in corridor 119, 1 monitor module for hood system and 2 duct detectors not-shown on drawings. " 3) Fixturesaddr$812.80 4) Gear add, $292.56 5) Generator add, $1,500.70 " " "- . . .---'----. --... Total add $10,964.00 -<: Randall Higgie Project ManagerlEstimator ) 28440 Old 41 Road Suite 9 . Bonita Springs, Florida 34.1.35 Phone: (239) 947-6500 . Fax: (239) 947-6801 e-mail: mstriuÞo)j@earthlink.net Agenda Item No. 16E8 January 10, 2006 Page 1 of 8 -- EXECUTIVE SUMMARY Recommendation to approve an amendment to the Collier County Driver Education Grant Program OBJECTIVE: To approve an amendment to the Collier County Driver Education Grant Program pursuant to Collier County Ordinance 2003-39 to fund driver education programs in public and non- public high schools. CONSIDERATIONS: On July 29,2003 the Board of County Commissioners adoped Ordinance No. 2003-39 to impose a $3.00 surcharge, funding driver education programs in public and non-public highs schools located in Collier County. The Board further approved the details ofthe Grant Program on October 14, 2003. Although no applications were received during the 2004 grant cycle due to the limited amount of funding that had been collected the first few months of the program, the District School Board submitted an application in 2005 and an agreement to provide $199,267 from the Driver Education Trust Fund was approved by the Board of County Commissioners on July 26, 2005. The School District used the funds for a summer driving program and for purchase of necessary equipment and materials to enhance the year round program. ,,-.. Recognizing that the School District and/or private high schools might continue to find use for the funds for summer programs, it is necessary to modify the advertisement and deadline dates of the Grant Program to make them earlier in the year. This will ensure that funds are available and released in time for Summer each year. The change of dates will also make it possible for the required agreement to be considered by the Board of County Commissioners during regular meeting times, rather than trying to fit it in during summer months. FISCAL IMPACT: During the first fiscal year of the Trust Fund (173), collections totaled $108,000 and during the second year the total was approximately $177,000. There is no change to the collection of funds or the amount expected each year, however, by moving the dates up a few months earlier, it is expected that slightly less will be available to the applicants during the 2006 application cycle. As of the October 2005 collection, approximately $100,000 was available in the fund. GROWTH MANAGEMENT IMP ACT: There is no impact to the growth management plan associated with this proposed grant program. RECOMMENDATION: That the Board of County Commissioners approve an amendment to the Collier County Driver Education Grant Program pursuant to Collier County Ordinance 2003-39 to fund driver education programs in public and non-public high schools. Prepared by: Marlene F oord, Grant Coordinator .-. Agenda Hem No. 16E8 January 10. 2006 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summ.ry: 16E8 Meeting Date: Recommendation to approve an amendment to the Collier County Driver Education Grant Program 111012006 90000 AM Prepared By Marlene J. Foord Grants Coordinator Date Administrative Services Administratíve Services Admin. 12121120059:01:45 AM Approved By Steve Carnell Purchasing/General $vcs Director Date Administrative Services Pure hasing 1 ZJ2812005 9:13 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1212312005 9:53 AM Approved By Michael Smykowskì Management & Budget Director Date County Managers Office Office of Management & Budget 12123120053:41 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12129120055:24 PM --'-"~"'"''~''''' . Program Description - Collier County Driver Education Grant Program Agenda Item No. 16E8 January 10, 2006 Page 3 of 8 COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM GENERAL PROVISIONS Collier County has created the Collier County Driver Education Grant Program under the authority of Section 318.1215 of the Florida Statutes, entitled "The Dori Slosberg Driver Education Safety Act." This act allows the Board of County Commissioners to enact an ordinance authorizing the Clerk of Courts to collect a three dollar ($3.00) surcharge on all moving and non-moving civil traffic infractions, except infractions related to parking of vehicles, filed in County Court to fund the direct education expenses of driver education programs in both public and non-public high schools. The Board of County Commissioners of Collier County, Florida has deemed it appropriate and in the best interest of the public health, safety and welfare to adopt Ordinance No. 2003-39 to collect this surcharge to supplement driver education funding and, as such, to create a grant program to manage and disburse the funds appropriately. Funds collected will be deposited into a special trust fund established specifically for these funds. The County Manager, or designee, will request a quarterly report of these funds from the Clerk of Courts. By February 1 of each year, the County Manager, or designee, will mail a letter to the School District contact and to each non-public high school indicating the provisions of the grant program and indicating an approximate funding level for that year. USE OF FUNDS All funds collected will be used exclusively to fund the direct expenses of driver education programs in both public and non-public high schools in Collier County. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors. Administrative expenses are not eligible for grant funding. Furthennore, based on the legislative intent of Section 318.1215 of the Florida Statutes, Collier County may lawfully disburse funds to a new driver education program as long as the funds are used for the direct expenses of the new program and there is no supplanting of already existing funds. Funds will be apportioned based on the total number of high school students (grades 9-12) enrolled as of September 1 of the previous year, beginning in 2003 The application period will be March 1 - March31 of the following year with funding based on collections through February1 of each year, beginning in 2004. Each applicant will be required to report on the application the number of eligible students as of September 1 of the previous year. The apportionment of funds will be adjusted annually based on the number of students reported on each application, or in the case that no applications are submitted, by the County Manager, or designee, every three (3) years to reflect changes in number of eligible students due to growth and other changes affecting high school populations. Program Description - Collier County Driver Education Grant Program Agenda Item No. 16E8 January 10, 2006 Page 4 of 8 Example: High School # of eligible 9-12 grade Available Funding per students as of 9/1/03 Funding High School School Board 500 $100,000 $90,909 Non-Public High Schools (tbd) 50 $9,091 NOTIFICATION PROCESS By February1 of each year, the County Manager, or designee, will mail a letter to the School District contact and each non-public high school providing notification of the grant program provisions, deadline for applications and an estimated funding level for that year. The following contact infonnation will be used and may be amended as new non-public high schools are fonned or as contact infonnation changes: District School Board of Collier County Deb Ogden, Driver Education Coordinator 5775 Osceola Trail Naples, Florida 34109 Seagate Christian School Glenn Wiggins, Principal 1010 Whippoorwill Lane Naples, Florida 34105 Community School of Naples Gene Rochette, Upper School Dean of Students 3251 Pine Ridge Road Naples, Florida 34109 Saint John Neumann High School Laura Campbell, Principal 3000 53rd Street Southwest Naples, Florida 34116 SUBMITTAL PROCESS The application cycle will be open from March 1 - March31 of each year. All applicants must submit an application for funding, using the application fonn provided, signed by the authorized official such as the school principal for private schools or the superintendent of schools for the District School Board of Collier County. Applications will include: 1) Applicant name and contact infonnation, 2) Names and addresses of high schools to benefit, 3) Name, phone number, email and mailing address of contact person, 4) Current program description, including total cost of current program, 5) Intended use of funds/proj ect description, 6) Number of eligible students, 7) Expected time frame for project, 8) Budget for proposed project, and 9) Certifications (funding direct costs only, non-supplanting requirement). In subsequent years, proposals must provide a brief synopsis of the project or program funded in the previous year. Note: this synopsis is in addition to the final report that must be submitted within 90 days of completion of each project. 2 ". -..--",..--., _.".,_._-""'~' Agenda Item No. 16E8 January 10, 2006 Program Description - Collier County Driver Education Grant Program Page 5 of 8 All applications must be received on or before March 31 of each year at the following address: Collier County Grant Coordinator Re: Driver Education Grant Program 3301 Tamiami Trail East Naples, Florida 34112 EVALUATION PROCESS Upon receipt of each proposal, the County Manager, or designee, will review the applications to ensure completeness and eligibility. The County Manager, or designee, may work with the designated contact to obtain additional information or clarification as necessary in the approval process. ApPROVAL AND A WARD PROCESS Following the review of each proposal, the County Manager, or designee, will coordinate with the project contact and the County Attorney's office to prepare a contractual agreement for each project. Each contractual agreement will then require approval by the Board of County Commissioners. Each agreement will acknowledge that funds received will only be used for direct educational expenses for driver education programs and will not supplant existing funding sources. Each agreement will also stipulate that a final report of expenditures and project outcomes be submitted within 90 days of the end of the project or termination of the grant period (whichever comes first). Agreements will also contain provisions for the County to have the right to audit the paperwork and project. DISBURSEMENT OF FUNDS Funds will be disbursed within 45 days following the Board of County Commissioners approval of the contractual agreement. Example: Step 2 (within 45 days) Funds Disbursed Step 4 Report Submitted Monies that have not been disbursed at the end of each fiscal year will be retained for disbursement in the following fiscal year (s), as appropriate. Monies disbursed, but not spent at the end of the project's time frame shall be returned to the Trust Fund for disbursement in the following year. PROJECT REVIEW Within 90 days following completion of the project or termination of the grant period (whichever comes first), a final report must be submitted to the County Manager, or designee, which outlines how the funds were used and includes copies of invoices and checks and any other documentation of expenditures and verifies that the funds supplemented, but did not supplant existing funds. Failure to provide this report would constitute breach of contract and would affect an agency's eligibility for future funding. 3 Application Form - Collier County Driver Education Grant Program Agenda Item No. 16E8 January 10, 2006 Page 6 of 8 COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM Application Form Deadline March 31, 2006 GENERAL INFORM A nON Applicant Name: Address: Phone Number: Contact Person: Contact Phone Number, including extension (if different from above): Email Address: Type of High School (check one): Public High School Non-Public High School BACKGROUND INFORMA nON 1. List participating high school (s), address, phone number and campus contact information (if different than above). 2. Brief project description. (Provide more detailed description on following pages). - 3. Approximate number of students eligible for driver education. 4. Approximate number of students to benefit from the project. 5. Anticipated project start and end dates. Start: End: 6. Total funds requested. $ 7. Total number of high school students (grades 9-12) on September 1st of previous year. I hereby certify that all funds received will be used exclusively to fund the direct education expenses of driver education programs and will not supplant nOITIlally budgeted funds for driver education. Authorized High SchoollDistrict Official Date Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East, Naples. Florida 34112 Page 1 of 3 Re: Driver Education Grant Program v_.__..,_~"",._"····^" Application Fonn - Collier County Driver Education Grant Program Agenda Item No. 16E8 January 10, 2006 Page 7 of 8 CURRENT DRIVER EDUCATION PROGRAM DESCRIPTION Describe the existing driver education program. If none exists, indicate such and explain why. PROPOSED PROGRAM/PROJECT Describe the proposed program or project. Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East, Naples, Florida 34112 Page 2 of3 Re: Driver Education Grant Program Application Form - Collier County Driver Education Grant Program Agenda Item No. 16E8 January 10, 2006 Page 8 of 8 PROGRAMIPROJECT BUDGET List all budget items and their associated cost, including, but not limited to: personnel (salary, fringe), contract services, materials and supplies, equipment, etc. Note: All funds must be used exclusively to fund direct expenses of driver education programs. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instrnctors. Administrative exvenses are not elivble for f!rant fundinf!. BUDGET NARRATIVE The budget narrative should justify the direct costs associated with the program/project, including the necessity, reasonableness, and eligibility of all costs proposed in the above budget. Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East, Naples. Florida 34112 Page 3 of3 Re: Driver Education Grant Program Agenda Item No. 16F1 January 10. 2006 Page 1 of 2 ,-. EXECUTIVE SUMMARY Recommend Approval to authorize payment of funds to Coastal Planning and Erigineering for work performed prior to the issuance of a Purchase Order and Notice to Proceed for the reevaluation of Clam Pass Inlet Management Plan Project 90028. OBJECTIVE: Authorize payment of funds to Coastal Planning and Engineering for work performed on verbal approval from County Staff prior to the issuance of a Purchase Order and Notice to Proceed for the reevaluation of Clam Pass Inlet Management Plan. CONSIDERATIONS: 1. Clam Pass Park Beach has only recently eroded significantly, and therefore was not included in the county-wide major beach renourishment project currently taking place. 2. Significant controversy existed over the source of sand to re-nourish this beach. The inlet management plan for Clam Pass Inlet was not approved by the BCC over technical objections from Pelican Bay. The BCC directed the CAC to work with Pelican Bay and its engineers to develop a mutually agreeable solution to this problem. 3. The CAC recommended an independent review of the technical data surrounding this pass to resolve this issue. Timing was critical due to the increased erosion of the beach ,,-.. and expected permitting considerations. CP&E was already under contract to Collier County for the major beach re-nourishment program. They were the only firm qualified and available to perform this analysis. 4. CP&E was directed to begin work on this study by verbal approval from Gary McAlpin before a Purchase Order and Notice to Proceed were issued. 5. The cost of the re-evaluation of the Clan1 Pass Inlet Management Plan Study to CP&E was $34,462. COUNTY ATTORNEY FINDING: A finding by the County Attorney is not required for this item. ADVISORY COMMITTEE RECOMMENDATIONS: This item was recommended for approval by the CAC on August 11,2005 and TDC on August 22,2005. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax. Sufficient budget exist in Project 90028 to fund this contract. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Recommend Approval and authorize payment of funds to Coastal Planning and Engineering for work performed prior to the issuance of a Purchase Order and Notice to Proceed for the reevaluation of Clam Pass Inlet Management Plan. ,,-.. PREPARED BY: Gal)' McAlpin, Coastal Project Manager _..,·.,.·",,,,,,,,~,,,,,,,,'··..··M " Agenda !tem No. 16F1 January 10, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F1 Meeting Date: Recommend Approval to authorize payment of funds to Coastal Planning and Engineering for work performed prior to the issuance of a Purchase Order and Notice to Proceed for the reevaluation of Clam Pass Inlet Management Plan. ($34,452) 1110/20069:00:00 AM Approved By Lyn Wood Pure hasing Agent Date Administrative Services Purchasíng 12/29120058:12 AM Approved By Steve Carnell Purchasíng/General $vcs Director Date AdministratÎve Services Purchasíng 12129/2005 9:04 AM Approved By Gary McAlpin Costal Project Manager Da\1l County Manager's Office Tourism 12/2912005 10:46 AM Approved By Mark Isackson Budget Analvst Date County Manager's Office Office of Management & Budget 12/30/2005 8:48 AM Approved By James V. Mudd Board of County CommissÎoners County Manager Date County Manager's Office 12/30/2005 1 :31 PM Agenda Item No. 16F2 January 10, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve ZOLL Medical Corporation as the sole source provider of various proprietary, noninvasive resuscitation devices and disposable electrodes and accompanying accessories at an estimated cost for Fiscal Year 2006 of $24,000 OBJECTIVE: To provide rescue personnel state of the art pacing and defibrillation equipment for the emergency treatment of cardiac arrest victims. CONSIDERATIONS: The Board of County Commissioners have approved various Interlocal Agreements for the ALS Engine Program. Along with the approval of these agreements, the Board approved the purchase of medical equipment for the ALS units. ZOLL Monitors were selected for this program. <- To comply with a new medical protocol for victims in full cardiac arrest, a device called ResQPOD was approved for purchase by the County Manager in August 2005 and ratified by the BCC on September 13,2005, Agenda Item 16Fl. In order to obtain proper readings using the ResQPOD device, it is necessary to utilize a mainstream Entidal C02 (ETC02) monitor. While other companies manufacture standalone ETC02 monitors, only ZOLL Medical produces mainstream ETC02 monitors. The initial purchase of eight monitors and accompanying accessories for the ALS program was made in May 2004 for $97,000. The second set of eight monitors and accompanying accessories was purchased in June 2005 for $124,000, for a total of approximately $221,000. Since the initial purchase, ZOLL has incorporated ETC02 as part of the monitors. Therefore, it is necessary to upgrade the initial eight monitors with the mainstream ETC02. This upgrade was budgeted in FY 06 for an approximate cost of $24,000. As previously stated, while other companies produce similar monitors, it was detennined at the time of initial purchase that the ZOLL monitors most met the needs of EMS. The equipment provided by ZOLL is the only equipment that is compatible with the existing ZOLL monitors therefore it is economically prudent to use ZOLL Medical as the sole manufacturer and/or distributor for the following monitors and compatible accessories: · · · · · · ,-« · M Series™ Monitor/Defibrillator E Series™ Monitor/Defibrillator AED Pro TM AED Plus™ AutoPulse™ Non-invasive Cardiac Support Pump and LifeBand™ ETC02 Mainstream Upgrade, PN: 7777-0115 The Respironics ETC02 electronics is incorporated into the M Series' circuitry boards which has been clinically tested and is an integral part of the M Series. Universal Cable, PN: 8000-0308-01 "' .,~, .. __,lnlll' ..'~~'''''''''''''''. .."," Agenda Item No. 16F2 January 10, 2006 Page 2 of 5 .- · Stat*padz HVP Multi-Function Electrodes, PN: 8900-4003 · Pedi*padz Multi-Function Electrodes, PN: 8900-2065 · Smart Battery complete, PN: 8004-0103-01 · Smart Battery Reconditioning Kit, PN: 7776-0103-01 · Xtreme Pack II Carry Case, PN: 8000-0595-01 · Replacement Rear pouch with side pockets for Xtreme Pack II, PN: 8000-0095- 01 · Replacement front flap for Xtreme Pack II, PN: 8000-0097 FISCAL IMPACT: Funds for these purchases, estimated at $24,000, have been budgeted for FY 06 in Fund 490, as adopted by the Board on September 22, 2005. GROWTH IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATIONS: That the Board of County Commissioners waive formal competition and approve ZOLL Medical Corporation as the sole source provider of the equipment indicated in this Executive Summary. PREPARED BY: Jeff Page, Chief, Emergency Medical Services ,,-- ..,-- Item Number: Item Summary: Meeting Date: Agenda Item No. 16F2 January 10, 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F2 Recommendation to approve ZOlL Medical Corporation as the sole source provider of various proprietary, noninvasive resuscitation devices. and disposable electrodes and accompanymg accessones. ($24,000) 1/10/2006900:00 AM EMS Chief Date Prepared By Jeff Page Bureau of Emergency Servìces EMS 11/22/200512:32:13 PM Scott Johnson Purchasing Agent Date Approved By Administrative Services Purchasing 1217/2005 9:58 AM Mike Hauer Acquisition Manager Date Approved By Administrative Services Purchasing 12/8/20058:43 AM Approved By EMS Chief Date Jeff Page Bureau of Emergency Services EMS 1218/20053:22 PM Approved By PurchasinglGeneral Svcs Director Date Steve Carnell Administrative Services Purchasing 12/13120054:23 PM Darcy Waldron Senior Administrative Assistant Date Approved By County Manager's Office Emergency Management 12/27120059:26 AM Dan E. Summers Bureau of Emergency ServÎces Director Date Approved By County Manager's Office Bureau of Emergency Services 12/27/2005 1;38 PM Gary A. Vincent Management & Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 12/Z9/2005 3:58 PM County Manager Dat. Approved By James V. Mudd Board of c.ounty Commissioners County Manager's Office 12130/200511:38 AM -"".",-,---,.- Nov 22 05 01:12p ZOLL p.1 Agenda Item No. 16F2 January 10, 2006 ZOlL Medical CorporatiJ'rt3ge 4 of 5 - -~._-_._"-_.., ~...' .--.._-----",.._.~-.~ . Worldwide Headquarters 269 Mill Road Chelmsford. Massachusetts 01824-4105 U.S.A. 800348·9011 Main 978421-9655 Fax November 18,2005 Jorge Aguilera., Training Division Chief Collier County EMS Health & Community Services Bldg. 3301 East Tamiami Trail Naples, FL 34112 Dear Chief Aguilera: ZOLL Medical Corporation, headquartered in Chelmsford, MA, designs, manufactures and markets an integrated line of proprietary, noninvasive resuscitation devices and disposable electrodes, These innovative products are used by health care professionals to provide pacing and defibriIJatÍon in the emergency treatment of cardiac arrest victims in hospitals and pre- hospital settings. ZOLL lYfedical is the sole manufacturer and/or distributor of the following: · M Series™ Monitor/Defibrillator · E Series™ MonitorJDefibrillator . AED Pro TM . AED Plus™ · AutoPulse™ Non-invasive Cardiac Support Pump and LifeBand™ · ETC02 Mainstream Upgrade, PN: 7777-01 1 5 The Respironics ETC02 electronics is incorporated into the M Series' circuitry boards which has been clinically tested and is an integral part of the M Series. · Universal Cable, PN: 8000-0308-01 · StQl*padz HVP Multi-Function Electrodes, PN: 8900-4003 · Pedi*padz Multi-Function Electrodes, PN: 8900-2065 · Smart Battery complete, PN: 8004-0103-01 · Smart Battery Reconditioning Kit, PN: 7776-0103-01 · Xtreme Pack II Carry Case, PN: 8000-0595-01 · Replacement Rear pouch with side pockets for Xtreme Pack II, PN: 8000-0095-01 · Replacement front flap for Xtreme Pack II, PN: 8000-0097 Nov '2.'l. Ub 01:1¿p p.2 Agenda Item No. 16F2 January 10, 2006 Page 5 of 5 Page 2 November 18.2005 We at ZOLL Medical Corporation value our relationship with Collicr County EMS. Thank. you for your confidence in our products and service. If you have any questions. please do not hesitate to contact me at 954-614-8028. Sincere]y, ~. K~C EMS Territory Manager V-mail: 800-242-9150 ext. 9576 Cell: 954-614-802S kiung(@.zol1.com Agenda Item No. 16F3 January 10, 2006 Page 1 of 6 ,- EXECUTIVE SUMMARY Recommend approval by the Board of County Commissioners for Change Order No. 2 to Work Order #HM-FT -05-02, under Contract 01-3271 for $42,250 to Humiston and Moore to extend construction phase services through December, 2005 and provide laboratory analysis of sand samples as required by FDEP permit on the Hideaway Beach Project No. 90502 OBJECTIVE: To meet FDEP pennit requirements on the Hideaway Beach Project No. 90502. CONSIDERATIONS: 1. Construction phase services by H&M on this project were for 150 days. Construction through November, 2005 was 180 days thus exhausting the construction management budget. Services will be required through the month of December, 2005 and will cost $37,200. This represents $1,200 per day. MCG is in default and liquidated damages of $644 per day have been assessed since November 25, 2005. These liquidated damages will partially offset the increased cost of construction services by H&M. ,-. 2. Laboratory analysis of sand samples is required by pennit and will cost an estimated $5,050. COUNTY ATTORNEY FINDING: Will be reviewed and approved by County Attorney's office before execution of document. ADVISORY COMMITTEE RECOMMENDATIONS: This item was recommended for approval at the December 8, 2005 CAC meeting and the December 12, 2005 TDC meeting. FISCAL IMP ACT: The source of funds is from Category "A" Tourist Development Tax fund. Sufficient budget exists in Project No. 90502 to fund this change order. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: For the Board of County Commissioners to approve Change Order No.2 to Work Order #HM-FT-05-02, under Contract 01-3271 for $42,250 to Humiston and Moore to extend construction phase services through December, 2005 and provide laboratory analysis of sand samples as required by FDEP pennit on the Hideaway Beach Project No. 90502 and authorize the County Manager or his designee to execute the document after review by County Attorney's office. PREPARED BY: Gary McAlpin, Principal Project Manager, Tourism ,-" Agenda I\em No. 16F3 January 10. 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F3 Meeting Date: Recommend approval by the Board of County Commissioners for Change Order No.2 to Work Order #HM-FT -05-02, under Contract 01-3271 for $45.250 to HumiSton and Moor. to extend construction phase services through December, 2005 and provide labDratory analysis of sand samples as required by FDEP permit on the Hideaway Beach Project No. 90502. 1110/2006900:00 AM Approved By Lyn Wood Purchasing Agent Date Admínistrative Services Purchasing 121271200510:30 AM Approved By Steve Carnell Purcha....inglGeneral $vcs Director Date Administrative Services Purchasing 12128/20059:15 AM Approved By Gary McAlpin Costai Project Manager Date County Manager's Office Tourism 121291200510:44 AM Approved By Mark Isackson Budget Analyst Date County Manage(s Office Office of Management & Budget 12129120053:59 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12130/2005 12:40 PM w 11>-<1_.............--· Date: 12/16/05 E-Mai1ed To Bonnie: Agenda Item No. 16F3 January 10 ?OOfi......... Page 3 of 6 ì [~. --.--.---- THI'CHANGE ORDER WILL oo:~ 'u ""4fèÖb~~:t'ló/'%:~;I6~ i.~HÖLn::I).:l5'T óITd"Iq;fiì5 ÂP~lSTRATIVEREPQ,RT¡ d__'~~".", .', ..,:¡~.t ~._.~A,nA~P. ,.,.~".J'iL."" .>..<.~,¿~ Project Name: Hideaway Beach Renourishment Construction Observations and Monitoring Project Number: 90502 BIDIRFP #: 01-3271 Mod#: 2 PO#: 4500040433 Work Order Number: HM-FT-05-02 Contractor/Consultant: .Humiston & Moore Original Contract Amount: $ 180,000.00 (Starting Point) Current BCC Approved Amount: $ 191,648.00 (Last Total Amount Approved by the BCG) Current Contract Amount: $ 191,648.00 (Including All Changes Prior To This Modification) Change Amount: $ 42,.250.00 Revised ContractIWork Order Amount: $ 233,898.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: L-53,898.00 Percentage Of The Change Over/Under Current Contract Amount: _22.04 % Overview of change: To add construction observation and monitoring services for contract extending beyond final compJetion and to pay for laboratory analysis of sand samples as required by FDEP permit. '......' - :../ I I ( / ..- Contract specialist:.;=r/),~I ) ì 1 (' [.;J-C--&./ Date: ! -;; / )2/ (ì ~ Scanned Date: ¡. I J I ,:) ,:¿ I (; ')- , I Data Entry Information: Type of Change: Work Order Project Manager: Gary McAlpin Department: Tourism Change Category Type, Circle One Below: 1. Planned or Elective 2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. Value Added 6. Schedule Adjustments Revised 7/11/05 1- Agenda Item No. 16F3 January 10, 2006 Page 4 of 6 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Hideawav Beach Renourishment (90502) Construction Observations and Monltorina PROJECT #: 90502 BID/RFP #: Contract 01-3271 MOD 1#: l.PO#: 4500040433 WORK ORDER #: HM-FT-0S-02 DEPARTMENT: Tourism Original Contract Amount: $ 180.000.00 (Starting Point) Current BCC Approved Amount: S 191.648.00 (Last Total Amount Approved by the BCC) Current Contract Amount: . $ 191.648.00 (Including All Changes Prior To This Modification) Change Amount: s 41.150,00 Revised ContradIWork Order Amonnt: S 233.898.00 (Including This Olange Order) Cumulative Bonar Value of Changes to this ContractlWork Order: S 53.898.00 Date of Last BCC Approval 3/8/05 .nda Item # 16F1 Percentage of the change over/under current contract amount 22.04% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract . Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: Seotember 27, 2005 CURRENT: December 31. 2005 SUMMARY OF PROPOSED CHANGE (9): Identify the changes. Service reauired throuah December 2005 and will cost $37.200; This reoresents $1.200 per dav. Laboratory Analvsis of sand samoles are reauired bv permit and will cost an estimated $5.050. JUSTIFICATION FOR CHANGE (S)~ What value or benefit do these changes provide to the project? Prooosedchanaes are reauired bv FDEP Permit. PARTIES CO'NTACTED REGARDING THE CHANGE: Lvn Wood. Gary McAlpin.. Humiston & Moore IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. Date: 11,/ -t../I Os- , . /"" Date: /1 ;;L¥¿)!::, APPROVE BY: G REVIEWED BY: Lyn Revised 4/25/2005 ~------- Agendo Item NO"} 6F3 January 10, 006 Page·of6 ! CHANGE ORDER 12 1'0 WORKORDER BM-FI'-OS-Ol FROM: Tourism Department 3050 North Horseshoe Drive, Suite 218 Naples, FL 34104 TO: Humiston & Moore 5679 Strand Ct., Unit 110 Naples, FL 34110 Project Name: Design Hideaway Beach Renourishment Project No. 905021 Work Order Dated: 12114104 Werle. Order No. HM-Fr-oS-o2 Change Order Description: To extend construction pbase services through December 2005 and provide laboratory analysis of sand samples as required by FDEP permit on the Hideaway Beach Project #90502. Original agreement amount .. ......................... .... .............. ........ ... .......$180,000 Previous Change Order No.1 ............................................................$ 1 ],648 This Change Order No.2 Amount (add or subtract)..............:..........$ 42.250 Revised Agreement Amount ............................................................. $233,898 Original contract time in calendar days ...... ......... ...... ......... ..... ..... ....... .....150 days Adjusted number of calendar days due to previous change orders ..................... 95 days 1bis change order adjusted tUne is... ...... ......... ....... ............:..... ..... ........... 0 days Revi&ed Contract Time in working days.. ....... .................. ......................0 days Revised completion date due was sent by letter on September 26, 2005. The anticipated completion date is December 31, 2005. Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to. the change set forth herein, including claims for impact and delay costs. Preparedby:· . 4-~ Me..~ . Date: 'il4/oS- ~ MeAl , Coastal Project Manager ' Tourism Department Reviewed by: . LeoE'~Manager Accepted by: ~ Brett D. Moore, Vice-President Humiston & Moore Engineers Date: Date: /~fi-.þ:,- Approved by: I ack Wert, Director, Director Tourism Department Date: Approved as to form and Legal Sufficiency: Assistant County Attorney I Revised 2/24/05 . ~i.n~~~~.~o.~rs¡, , HUIlft.I~ON&;MOOIiÈÊNØI~EERS ." ":i::::¡:;::;::~~Y-.; .." ,~,"-";i' - - -: ::'::::_:_:~f:,'1\: ". /<e;' 'i/~·?~~O.~ KehlÏetft t.<.}ílJmíStQIÏ, P.E~ " ,. -", -', '. ~ ' . ~-~ " .'. .·:Y:';.~-~-."- ~_,~ ,...~.' ~_.-._...~,,-_..._--.- Agenda Item No. 16F4 January 10, 2006 Page 1 of 3 -- EXECUTIVE SUMMARY Recommend Approval to authorize payment of funds to Coastal Planning and Engineering for work performed prior to the issuance of a Purchase Order and Notice to Proceed for the preparation of FEMA funding packages for beach damages from Hurricanes Katrina and Wilma Project No. 905271. OBJECTIVE: Authorize payment of funds to Coastal Planning and Engineering for work performed prior to the issuance of a Purchase Order and Notice to Proceed for the preparation of FEMA funding packages for beach damages from Hurricanes Katrina and Wilma. CONSIDERATIONS: 1. Hurricanes Katrina and Wilma eroded significantly the Vanderbilt, Park Shore and Naples Beaches of Collier County. 2. FEMA funding requirements and package submittal for beach storm related damage are significant, complex and lengthy to prepare. They mandate licensed surveys of the beaches and the preparation of a funding package that supplies, reviews and compares historical beach profiles, public access, public parking, sand specifications, sources and a variety of technical and historical data. 3. Coastal Planning and Engineering (CP&E) was in the final stages of beach ,,-- Renourishment design and permitting when these storms struck. In fact, they were on the beach surveying to determine preconstruction quantities when Hurricane Katrina struck. They had prepared FEMA packages in the past and were intimately familiar with FEMA requirements and our beaches. 4. CP&E was directed to begin work to prepare these packages based on verbal approval from Gary McAlpin in order to meet the FEMA deadlines for loss estimates making it impossible to obtain a Purchase Order and Notice to Proceed prior to the work beginning. 5. Hurricane Katrina Work order to CP&E was $23,200 and Hurricane Wilma's Work Order to CP&E was $63,065. COUNTY ATTORNEY FINDING: A finding by the County Attorney is not required for this item. ADVISORY COMMITTEE RECOMMENDATIONS: On November 10,2005 the CAC recommended approval of the expenditure of the funds to prepare FEMA funding Packages with CP&E and was verbally approved by the TDC on November 7,2005. FISCAL IMPACT: The Source of funds for these expenditures is from Category "A" Tourist Development Tax fund. Funding Packages have been prepared and submitted to DCA and FEMA for both Hurricane Katrina and Wilma. The packages are currently under review by FEMA. Preliminary indications are that these packages will be approved for federal funding under Category G. The funding request for Hurricane Katrina is $3,024,573 and Hurricane Wilma and additional $3,553,530. ~. ."", ''-'"''''.'~''''' ''''''~'''''"'''~'''''' .,....."..,'....".,.'" ~ r- r- Agenda Item No. 16F4 January 10, 2006 Page 2 of 3 GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Recommend Approval and authorization for payment of funds to Coastal Planning and Engineering for work perfonned on the verbal instructions from County Staff prior to the issuance of a Purchase Order and Notice to Proceed for the preparation of FEMA funding packages for beach damages from Hurricane's Katrina and Wilma. PREPARED BY: Gal)' McAlpin, Coastal Project Manager Agenda Item No. 16F4 January 10, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F4 Meeting Date: Recommend Approval 10 authorize payment of funds to Coastal Planning and Engineering for 'WOrk performed prior to the issuance of a Purchase Order and Notice to Proceed for the preparation of FEMA funding packages for beach damages from Hurricanes Katrina and Wilma. ($86,265) 1/10/20069 00:00AM Approved By Lyn Wood Purchasing Agem Da.. Administrative Services Purc:hasíng 12/29/20058:12 AM Approved By Steve Carnell Purchasíng/General SVCG Director Date 12/29/2005 9:07 AM Administrative Services Purchasing Approved By Gary McAlpin Costal Project Manager Data County Manager's Office Tourism 12129/200510:45 AM Approved By Mark Isackson Budget Analyst Dat. County Manager's Office Office or Management & Budget 12/29/20055:07 PM Approved By James V. Mudd Board of County Commissioners County Manager Da.. County Manager's Office 12/301200512:35 PM Agenda Item No. 16F5 January 10, 2006 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve a $60,000 Budget Amendment to fund legal fees incurred in the law suit Dwight E. Brock v, Board of County Commissioners, Linda T. Swisher and Paul VII.. Wilson, Case No. 04-941-CA, Twentieth Judicial Circuit in and for Collier County OBJECTIVE: Board of County Commissioners approval of a Budget Amendment transferring $60,000 from the Ochopee Fire Control District's Reserve for Contingencies to fund legal fees for Chief Paul W. Wilson and Linda T. Swisher. CONSIDERATIONS: On March 9, 2004, the Board authorized, per County Resolution 95-632, the retention legal counsel, and the payment of legal expenses for Chief Paul W. Wilson and Linda T. Swisher of the Ochopee Fire Control District sued in Dwight E. Brock v. Board of County Commissioners. Linda T. Swisher and Paul W Wilson Case No. 04-641-CA, Twentieth Judicial Circuit in and for Collier County. A Budget Amendment is necessary to transfer funds for the payment of legal fees incurred. FISCAL IMPACT: Transfer, by Budget Amendment, of $60,000 trom the Ochopee Fire Control District's Reserves for Contingencies to Fund 146, Ochopee Fire Control. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDA TION: That the Board of County Commissioners approve a Budget Amendment in the amount of $60,000 to fund legal fees incurred in the law suit Dwight E. Brock v. Board of County Commissioners, Linda T. Swisher and Paul W Wilson. Case No. 04-941-CA, Twentieth Judicial Circuit in and for Collier County. PREPARED BY: Darcy Waldron, Sr. Administrative Assistant Bureau of Emergency Services Agenda Item No. 16F5 January 10. 2006 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summa ry: 1ôF5 Meeting Date: Recommendation to approve a $60,000 Budget Amendmenllo fund lega! fees incurred in the law suit Dwight E Brock 1/. Board of County Commissioners, Linda T. Swisher and Paul W Wilson, Case No, 04-941·CA, TwentIeth JudicIal Circuit in and for Collier County 1110/2006900·00 AM Prepared By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 12(27/20051 :35:52 PM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's OfficI!! Emergency Management 12/27/20051:35 PM Approved By Dan E. Summers Bureau of Emergency ServÎces Director Date County Manager's Office Bureau of Emergency Servíces 12127120051 :39 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12129120054:1 Z PM Approved By Jame s V, Mudd Board of County Commissioners County Manager Date County Manager's Office 12/29/20055:28 PM ."..,-'-_.,_....~.~ --'.-----. Agenda Item No. 16F5 January 10, 2006 Page 3 of 16 EXECUTIVE SUMMARY RECOM1\1ENDA TION PURSUANT TO COLLIER COUNTY RESOLUTION NO. 95-632, THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY TO SELECT AND RETAIN OUTSIDE COUNSEL TO REPRESENT TWO (2) INDIVIDUAL COUNTY EMPLOYEES SUED IN DWIGHT E. BROCK 11. BOARD OF COUNTY COMMISSIONERS, LINDA T. SWISHER, AND PAUL W. WILSON, CASE NO. 04- 941-CA, TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, AND WAIVE THE PURCHASING POLICY TO THE EXTENT IT APPLIES TO THE SELECTION OF OUTSIDE COUNSEL AND/OR OTHERWISE EXEMYf THE SELECTION OF OUTSIDE COUNSEL FROM COMPETITION PURSUANT TO VII.G. OF THE PURCHASING POLICY. OBJECTIVE: For the Board to consider authorizing the Office of the County Attorney to select and retain counsel for two individual county employees sued in Dwight E. Brock v. Board of County Commissioners, Linda T. Swisher, and Paul W. Wilson, Case No. 04- 941-CA, Twentieth Judicial Circuit in and for Collier County, and waive the Purchasing Policy to the extent it applies to the said selection of outside counsel and/or otherwise exempt the selection of outside counsel from competition pursuant to Vll.G. of the Purchasing Policy. ,..- CONSIDERATIONS: Collier County Resolution No. 95-632 sets forth the Board's policy with regard to providing a defense and paying legal expenses of county staff who are sued individually in lawsuits. A copy of Resolution No. 95-632 is attached. The BCC and Ochopee Fire District employees Unda Swisher and Paul Wilson have- been sued in Dwight E. Brock v. Board of County Commissioners, Linda T. Swisher, and Paul W. Wilson, for an accounting and improper retention and use of County funds. The Office of the County Attorney recommends that the Board consider that Ms. Swisher and Mr. Wilson be provided legal counsel in accordance with Resolution No. 95-632. The Office of the County Attorney wil1 represent the BCC in thl? lawsuit. Given that suit has already been fi1ed and served, it is imperative that investigation of the complaint be commenced as soon as possible. Accordingly, based on these circumstances and in the best interest of the County, it is further recommended that the Board waive the Purchasing Policy and/or otherwise exempt the selection of outside counsel from competition pursuant to VII.G. of the Purchasing Policy to the extent it applies to procurement of legal services under Resolution No. 95-632 and authorize the Office of the County Attorney to select and retain counsel for Ms. Swisher and Mr. Wilson. The Office of the County Attorney will proceed by identifying an attorney or attorneys who have experience in such civì1 matters and making contact with that attorney or those attorneys to detemúne their interest, rates and capabilities. - FISCAL IMPACT: The hourly charges for most litigation attorneys who would be retained to represent the employees in a case such as this would likely run in the neighborhood of $200.00 per hour. The Board should also be aware that while it is NO~ ,~~TEM I MAR - 9 200~ Pø, \ . ..'''.-..........-..-.-- ~...._,....'__.........._. ..~ __ "_._'_""'.""·'d~·'···· .._....__.~,,~---_. - Agenda Item No. 16F5 January 10, 2006 Page 4 of 16 difficult to estimate, should it be necessary for this case to be taken through the trial process, outside counsel fees could be in excess of $20,000.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOM:MENDA TION: That the Board approve the retention of an attorney to represent Ms. Swisher and Mr. Wilson in the named lawsuit and waive the Purchasing Policy andlor otherwise exempt the selection of outside counsel from competition pursuant to Vll.G. of the Purchasing Policy to the extent it applies to procurement of legal services to the extent it applies to procurement of legal services under Resolution No. 95-632 and authorize the Office of the County Attorney to seek and retain the attorneys with rates not to exceed a range of $200.00 per hour. DATE: ~/t31/0 1- 2 N:~WEM MAR - 9 2004 p~ a- " - 'V Agenda Item No. 16F5 January 10, 2006 Page 5 of 16 . RESOLUTION NO. 9S-~ A RE80LU~ION SE~~IN~ rOR~B THE POLICY or THE BOARD 01' cotm'.rY CCHKI:8SXONnS .I~K REGJ.1tÐ ~O PROVXDIN~ A LEGAL DErENSE AND PAyxÑa LEGAL EXPENSES or COtJNTY COMXISS%OKEl\S, COUNTY S'!A71' AND COtmTY ADVI:SORY BOARD KJ:HDERS. WHEREAS, the Board of County Commission~rs and the Collier County management and legal staff are constantly presented with the necessity for making decisions regarding all phases of county pOlicy, management and legal counsel, respectively; and WHEREAS, local governments and their employees have recently become subject to increasing numbers of lawsuits based upon state and federal laws; and WHEREAS, it is essential to the effective operation of County government that policy, management and legal decisions be made competently, in the public interest, and with the threat of per~onal liability for board and staff members for making said decisions being maintained at a minimum so as t, avoid the "chillinq effect" on the proper and diligent performance of public duties recognized by the Florida Supreme Court in Thornber v. city of Fort walton Beach, 568 So,2d. 9~4 (1990); and WHEREAS, Florida statutory and case law, as well as Attorney General opinions (hereafter referred to as "AGO"), set forth the requirements and discretion which are afforded to the local governing body to fonnulate a policy regarding the provision of counsel and payment of legal expenses for Board members, County staff and advisory board members who are involved in litigation arising out of or in connection with the performance of official duties and while serving a valid pUblic purpose; and WHEREAS, Collier County insurance policies currently include county employees as well as Board members and members of the Administrator's and County Attorney's staff within the scope of coverage, provided that said persons are acting within the scope of their elllploy¡nent and do n fraudulently; and a~:-~ 0 -1- MAR - :t 2GGIt pg. m.___ ---- Agenda Item No. 16F5 January 10, 2006 Page 6 of 16 WHEREAS, the Bòard of County Commissioners (hereafter also referred to as "Board") desires to hereby set forth and 1:'lrmali:r:e its policy with regard to the provision of legal counsel and the payment of legal expenses incurred by County Commissioners and administrative and legal staff so as to promote competent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for County Commissioners and County staff members while acting in the 5cope of their official duties and while serving a valid public purpose. WHEREAS, the various advisory boards, quasi-judicial boards and regulatory boards (hereafter also collectively referred to as "advisory board(s)") formed by the Board of County commiss~oners, and the 1I1em.bers thereof who are appointed by the Board of County Commissioners, serve a critical function with regard to the operation of Collier County Government; and WHEREAS, the members of such boards serve on a volunteer· basis vithout compensation for the time spent in performing their duties and functions; and . WHEREAS, said boards and board members are regarded by the .. , Board of County Commissioners as being within the umbrella of legal protection afforded to the Board of County Commissioners and other Collier County employees; and WHEREAS, the Board hereby desires to set forth and formalize its policy vith regard to the provision of legal counsel and the payment of legal expenses incurred by advisory board members so as to promote competent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for advisory board members while acting in the scope of their official duties and while serving a valid public purpose. NOW THEREFORE, BE IT RESOLVED B'i TH B~~~;-"" MAR - j Z~.;;.; COMMISSIONERS OF COLLIER COUNT'i, FLORIDA, th -2- - pg, --~,...._"....~.~._~--_...~ ..L - -'- - -......--.. ~.. c:¡¡:::; Agenda Item No. 16F5 January 10, 2006 Page 7 of 16 '. 1. Definition· of "county personts) "I As used in this Resolution, the term "County person(s)" shall mean and include the memb.u-s of the Board ot County cOlllDlissioners, t;be County . Administrator and his staff, the county Attorney and his staf!, all employees of the Board ot County commissioners as well as the Collier County Airport Authority Director and his statt, the Director And statt of any other County-created authority, the officers and staff of any dependent or other special district tor which the Collier county Board of County commissioners is the governing body or ex-officio the governing body thereof, and any person appointed by the Board of County commissioners Collier Advisory Board, to a County quasi-judicial board or regulatory board for=ed by the Board of County commissioners of Collier County, Florida. 2. purs?ant to section 111.07, Florida statutes, and Thornber v. city of Fort Walton Beach, 568 So.2d 914 (Fla 1990), the Board hereby resolves provide legal to representation to County persons in civil actions and in civil rigbts actions subject to the limitations set forth herein. a. Legal representation shall be provided in civil actions and in civil rights lawsuits only if the litigation involving the County person to be represented arises out of or in connection with the performance of official duties and "'hile said County person lias serving a valid public purpose. No representation shall be provided in tort actions if the County person acted or failed to act in bad faith, ",ith malicious purpose, or in a. manner exhibiting wanton and liillful disregard of human rights, safety or property. No representation shall be provided to any County person in a civil action or civil rights action where said County person acted or failed to act with intent representation shall be provid d tWo &R~ ~l<õ MAR - ~ ZOU~ ~ -3- pg. ~ Agenda Item No. 16F5 January 10, 2006 Page 8 of 16 wherå the County person has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds·,", at a public meeting, that said failure to follow legal advice was for reason(s} within the County person's scope of employœent and served a valid public purpose. b. Collier County shall at all times have the discretion to determine whether to directly represent such individual throu<¡h the County Attorney's office or to select counsel to represent said County person in the civil action or civil rights action. If a County person chooses to obtain private legal counsel without prior authorization from Collier County, all fees and/or costs incurred by such person shall be the sole responsibility ot said person and Collier County shall accept no responsibility for payment of legal fees and lor costs. c. Any leg.al fees and/or costs properly payable under this Policy must be reasonable in amount. d. Pursuant to Section 111.07, . Florida statutes, any attorney's fees andlor costs paid or incurred by the county for any county person who is found to be personally liable by virtue of . acting outside the scope of employment, in bad faith, with malicious purpose, or in a manner eXhibiting wanton a~~ willful disregard ot human rights, safety or·property, may be recovered by the County in a civil action against such County i, e. person. Notwithstanding anything else stated in this section or this Resolution, the oar -4- the sole and absolute discre j 2004 o - Pg. -,-" ..-'......_....,-....-.. . --~,..._"'- .. , Agenda Item No. 16F5 January 10, 2006 Page 9 of 16 Ð:: section 111.07, Florida statutes, as well as by applicable case law, to not provide legal representation and to instead reimburse any County person for reasonable attorney'. fees and/or costs in the event· that said County rights person prevails in the civil or civil action. :1 . pursuant to sections 111.071 and 111.072, Florida statutes, the County shall pay tor t~al judgments, settlements and/or costs involving county persons in civil actions and in civi1 rights actions subject to the limitations provided herein. a. collier County shall pay final jud'qments, settlements and/or costs involving County persons only where the litigation a.rose out of or in connection with the performance by tl. County person of official duties and while serving a valid public purpose. No final judqment, settlement or costs shall be paid for by the County in a civil action or a civil rights action it the County person against whom the final judqment, settlement and/or costs have been imposed has acted or failed to act with intent to harm, The County shall not pay any final judgment. settlement and/or costs in tort actions where a County person has acted or failed to act with bad faith, malice or with wanton and willful disregard of human rights, safety or property. No judg1llent and/or costs shall be paid in any case where the County person has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless tbe Bo tv I commissioners specifically fi meetinq, that said failure ('; .. .~ - o MARc"'" jl~g~i. 'l -5- pg. -, '. ( '\ - .' " . Agenda Item No. 16F5 January 10, 2006 Page 1 0 of 16 advièe was tor reasons within the County person's scope' of employment and served a valid public purpose. b. MY final jUdgments, settlements and/or 'costs paid or incurred by the County shall be in strict adherence with the sovereign immunity recovery limits set forth in Section 768.28, Florida Statutes. c. If the County person has had private legal representation 1n the case, contrary to the provisions of Section (2)(b) of this Policy, , any final judgment, settlement and/or costs imposed shall be the sole responsibility of said person and Collier no County shall accept responsibility for payment of the final judgment, settlement and/or costs. d. Pursuant to Section 111.071(4), this section is n2t intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits. 4. In cases where a County person is formally cbarged with . cr~inal 'violation, the County shall pay the 18ga1 fees and/or costs incurred by said County person only under the followinq circumstances: a. The charges aqainst the County person arose out of or in connection with the performance of official duties and while £erving a valid public purpose. b. The County person has been acquitted or the charges dismissed. Lomelo v. city of Sunrise, 423 So. 2d. 974 (4th DCA 1982), pet. for rev. dismissed at 431 So.2d. 988 (Fla. 1983), and AGO 89-33. c. The legal fees and/or reasonable in amount. cos s c~mM-~i!I No.' 1:2 -6- t\~.~,,~ - ~ ZOUi} ?g. ~ --_...._.,...,..o~ ·-- -L -./ - -- Agenda Item No. 16F5 January 10, 2006 Page 11 of 16 d. The ~ounty person has first notified the County administration and legal staff of the pendency of the charges and has permitted the County the opportunity to either directly provide còunsel or to allow said County person to choose his/her own counsel. e. The charges have not resulted from the 'Willful failure of the County person to follow the legal advice furnished by the Office of the County Attorney, unless the Board County of f. COllUllissioners spec!f ically finds, at a public meeting, that said failure to follow legal advice 'Was for reasons within the County person's scope of employment and served a valid . public purpose. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of a criminal case shall be paid by the County only for proceedings involving potential criminal liability for the county person and where the allegations are ultimately determined to be unfounded and to have arisen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11.. The provisions of Subsections 4b, c, d and e of this Resolution shall also govern these cases. g. In the event that the County person has been provided legal representation by the county and the County person is found guilty of a criminal charge, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the by County. r co~~ No. ethics chzU::I!S ~";"I< - ~ lIJV~¡ q 5. The county shall pay legal fees and County persons in cases involving form -7- Pg. Agenda Item No. 16F5 January 10, 2006 Page 12 of 16 ..;. subject to the limitations provided herein: a. The ethics charges arose from conduct related to the performance of official duties and while servin; a valid ~ublic purpose, Ellison v.Reid, 397 So. 2d. 352 (~st DCA ~961) and AGO's 85-51 and 90-74. b. The County person has prevailed and successfully defended against tha ethics charges. c. The legal fees end/or costs charged are reasonable in amount. d. The County person has first notified the County administration and legal staff of the pendency of the charges and has pe~itted the County the opport.unity to either directly provide counsel or to allow said County person to choose his/her o·...n counsel. e.· The charges have not. resulted iron the willful failure of the County person to follow ~~e legal advice furnished by the Office of the County Attorney, unless t.~e Board of County COJnI:issioners specifically finds, at a public %:Ieeting, that said failure to fo 1 10.... lega:!: advice 'Was for reasons within the County person's scope of employment and served a valid public purpose. !. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of an ethics complaint shall be paid by the County only for proceedings involving.' potential civil and/or criminal liability and/or ,. . et~ics sanctions for the County person' and where the allegations are ultimately determined to be ,-" unfounded and to have arisen from conduct . A~NDA ~,,; related to the performance 0 qq'.iclal{~es and ....hile serv ing a valid pu lic r.~;~o§e.: ... .~G? -6- pg. \0 .- - t Agenda Item No. 16F5 January 10, 2006 Page 13 of 16 94-li. The provisions of Subsections Sb, c, d and e of this Resolution shall also govern these cases. g. In the event that the county person has·. been provided legal representation by the County and the county person is found by the Florida Ethics commission or other appropriate tribunal having jurisdiction over the case to have committed ethical violations, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. h. Nothing in this section shall be construed to preclude the County Attorney from requesting formal or informal ethics opinions on behalf of one or more commissioners. 6. The county shall pay legal fe8s and/or costs incurred by county persons in cases involving non-county administrative and/or regulatory proceedings and/or formal charges subject to the limitations provided herein: a. The proceedings and/or charges arose from conduct related to the performance of official duties and while serving a valid public purpose. b. The County person has prevailed and successfully defended against the proceedings and/or charges. c. The legal fees and/or costs charged are reasonable in amount. d. The County person has first notified the County Administration and legal staff of the pendency of the proceedings and/or charges and has permitted the County the opportunity to directly provide counselor to allow said County person to choose his/her own counsel. e. The charges and/or proceedings from the willful failure of the ave ~, No.---1.dt::t--. _ County person to I'" - \ ....., \ 'Y'.:....... .... I -9- \\ pg. - ,..^----~-- .' . Agenda Item No. 16F5 January 10, 2006 Page 14 of 16 .' folloy the legal advice furnished by the Office of the County Attorney, unless the Board of County commissioners specifically finds, at a public meeting, that said failure to !~llow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by the County person during the pendency of the proceedings and/or the investigatory, pre-charge stages of an administrative or regulatory case shall be paid by the County only for proceedings and/or charges involving potential civil and/or criminal liability and¡or administrative¡ .regulatory sanctions for the County person and where the allegations are ultimately determined to be unfounded and to have risen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11. The provisions of Subsections 6b, c, d and e of this Resolution shall also govern these cases. g. In the eVent that the County person has been provided legal representation by the County and the County person is found, by an administrative or re9ulatory agency or other appropriate ." tribunal having jurisdiction over the case, to have civil or criminal liability and/or to have violated administrative or regulatory rules, the County may recover trom the County person in a civil action all legal tees and/or costs paid or incurred by the County. 7. The county shall pay leqal fees and¡or costs incurred Þy individual members of the Board of County Commissioners fo~ instituting, as opposed to defendinq, litiqatio -10- OnlYA~l1, " N0'1 r -". r· , \~ '"'- '"""-_.,~~" ,.".....,~_.+,.- Agenda Item No. 16F5 January 10, 2006 Page 15 of 16 of the following circumstances are present: a. The litigation arises from or in connection with the Board members performance of official duties and the litigation serves a valid pUblic j ,. I I --.'. purpose. b. This section shall apply only to members ot the Board of county commissioners and not to any other "County person" defined in section 1 of this Resolution. c. The Board member must prevail in said litigation. d. The legal fees and/or costs are reasonable in amount. e. The Board member shall have first notified the Board of County cocmissioners, the County Administrator and the county Attorney prior to the commencement of .the litigation and shal' have permitted the County the opportunity to either directly provide counselor to allow said Commissioner to choose his/her own counsel. f. The litigation has not resulted from the willful failure to follow the legal advice furnished by the Office of the county Attorney, unless the Board of county co=issioners specifically finds, at a pUblic meeting, that said failure to follow legal advice was for reasons within the commissioner's scope of employment and served a valid public purpose. g. :In the event that the commissioner has been provided legal representation by the County and the COllU11issioner does not prevail in the litigation, then the county may recover from the commissioner in a civil action all legal fees and/or costs paid. or incurre by tÃ~'ty, No. dministering ar MAR -,~~ Pg. \~ B. 1'011 preliminary decisions -11- -( .. ,._-_._--"~ Agenda Item No. 16F5 January 10, 2006 Page 16 of 16 implementing thi5 policy shall initially be made by the County Administrator and/or his designee and the Office of the Coun~y Atrorney in respective cooperation and' consultation \.lith each other's offices. Both offices are hereby delegated. the power to make any lawful and reasonable investigation and > evaluation of cases arising under this policy. Said evaluation shall take into account all available relevant information in addition to the nature, type, number and substance of the allegations contained in any pleadings filed and/or served in any legal proceeding. All final determinations regarding the implementation and administration of this policy shall be made only by the Board of County Commissioners which is in accordance with AGO's 85-51, 89-22, 90-74 and 91-58. The Board shall also make all final determinations regarding the provision of a legal defense and/or paying legal expenses of County persons for any type of legal claim or suit arising from a County person's performance of official duties while serving a valid public purpose if said type of claim or suit is not specifically addressed by this Resolution. 9. Collier County Board of County coumissioners Resolution Nos. 85-126 and 85-178 are hereo¥ repealed and superseded in their entirety. . . This Resolution adopted after ~otion, second and majority votè f~oring same. . 'D~T£D·i·:·~P;;Ø.s-- .ATTEST~:·' j ..... . DW¡GHT·:~;;.J3ROC~, Clerk ..:' . ,......~ / ·...c; .::,:, :, ¡ ·&..·r«~,~·4f~ @(' ~;«~~~. .."........: Approved'as to form and lecjiil': sufi iei ency: BOARD OF COUNTY COLLIER COUN .' , a·,,^·,~· æ/U;~.{:{/. -Ramlro MañålJ.ch Chief Assistant County Attorney ÃGENDAß!r.; No. \ ;) . 537J -12- MAR - 9 2ù~,;¿ Pg. \'1 . >.._"'-"_.~. EXECUTIVE SUMMARY Agenda Item No. 16F6 January 10, 2006 Page 1 of 3 Recommendation to Approve a Supplemental Budget Amendment in Support of Hurricane Wilma Recovery Efforts in Collier County OBJECTIVE: To establish supplemental budget appropriations in a centralized cost center within the General Fund for Hurricane Wilma ongoing recovery efforts. CONSIDERATIONS: Hurricane Wilma made direct landfall in Collier County resulting in extensive damage and the immediate need for hunicane recovery efforts, On November 15, 2005 the Board approved a $31,000,000 budget amendment, based on an initial estimate of costs associated with hurricane recovery including $25,000,000 for debris removal, $5,000,000 for debris monitoring, and $1,000,000 for miscellaneous expenses such as fuel, meals, and environmental cleanup. It was further noted that as additional funds were needed, staff would prepare separate Executive Summaries requesting supplemental funding. As of the preparation of this Executive Summary, there was an unencumbered balance of only $385.72 remaining in the centralized General Fund cost center established for Hurricane Wilma recovery efforts. (See attached SAP financial system report). Emergency Management staff has invoices amounting to approximately $71,500 for generator rentals, variable electronic message signs, fuel, and refuse collection. In addition, an additional margin amounting to $53,500 is requested to cover any additional invoices not received yet. This will ensure that vendors that rendered service to Collier County during or after the hurricane are paid in a timely fashion. The last remaining expense that has not yet been addressed is for debris removal in saltwater and fteshwater ,,- canals. Staff has worked extensively with FEMA representatives relative to debris removal in the canals, but ;here has not been a definitive answer ftom FEMA relative to eligibility and reimbursements. Staff anticipates bringing this item to the Board as soon as FEMA staff makes a final determination regarding the outstanding issues noted above. GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: The cost sharing arrangement for Hurricane Wilma is as follows: Government Aeency FEMA State of Florida Collier County Total Percentaee 75.0% 12.5% 12.5% 100.0% Dollars $93,750 $15,625 $15,625 $125,000 Collier County's 12.5% share ($15,625) will come ftom General Fund reserves. By recognizing and appropriating FEMA reimbursements ($93,750) and State of Florida reimbursements ($15,625) there will be a total of$31,125,000 in General Fund budget appropriations specifically for Hurricane Wilma recovery efforts. RECOMMENDATION: That the Board of County Commissioners approve a $125,000 budget amendment establishing budget appropriations for Hurricane Wilma recovery efforts. '>repared by: Michael Smykowski, OMB Director ,....., .,. .."'~.... .,..,,, ,.., Item Number: Item Summary: Meeting Date: Agenda Item No, 16F6 January 10, 2006 Page 2 013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F6 To establish supplemental budget appropriations in a centrallz:ed cost center wlthm the General Fund for Hurricane Wilma recovery efforts ($125,000) 1110!2006 900,00 AM Date Prepared By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budg&t 12127/20059;22;31 AM Date Approved By OMB Coordïnator County Manager's OfficE' Administrative Assistant Office of Management & Budget 1/3120064:07 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 1/3/2006 4~15 PM Dal. A pproved By James V. 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EXECUTIVE SUMMARY Agenda Item No. 16F7 January 10, 2006 Page 1 of 10 Recommend approval of Change Order #4 with Marine Contracting Group for additional expenditure of $210,000 under contract 05-3744, Project No. 905021 and approve all necessary budget amendments OBJECTIVE: To recommend approval of Change Order #4 in the amount of$21O,000. CONSIDERATIONS: The following additional expenditure is requested for the Hideaway Beach Jetty & T -Groin Construction project 905021 with Marine Contracting: 1. Sales Tax.... .... .... ............... ............. .................................... ........................... ..... '" $ 7 5,000.00 · Sales tax was excluded from the Proposal and Purchase Order from Marine Contracting Group. At the time of contract award, discussion occurred relative to the contractor using the County's tax exempt certificate to purchase material. Later clarifications eliminated this possibility. This cost is estimated at $75,000. · Stored material Sales Tax (Sheet piling and Filter Fabric): $47,762.95 · In place material: Sales tax (Rock and Plastic Wood) $27,237.05 2. Extra Work.... ... ... ....... ............................................. ... ......................... ............ ... $150,000.00 · Pennitting for the project required over two years to accomplish. During this period, conditions on the beach changed. More sand was accreted in the location of the proposed rock jetty and its position needed revision. In addition, the positions of the rock groins needed to be readjusted to provide maximum effectiveness. These changes amounted to $32,200. · Weeks Marine, the dredging contractor, was late in mobilizing and delayed due to equipment malfunctions and weather. This delay forced an extended stay by Marine Contracting Group on the project. Additional expenses totaling $76,300 were incurred. Collier County will back charge Weeks Marine for these expenses. · When this project was bid, no consideration was given to additional construction requirements for work during turtle season. Once the Biological Opinion and FDEP Pennit was obtained, the State required additional safeguards to protect turtles during their nesting season. These costs were $15,600. · The City of Marco Island dredging contractor interfered with our contractor and cost the project $3,900. This will be back charged to the City of Marco Island. · The bid drawings did not clearly reflect the fill limits and the equalization line. Additional fIll had to be removed by the structures contractor in the area in front of the T -groin for rock placement. This work cost $22,000. 3 . Vegetation credit for deleted work.......... ............... '" ........................... ...... ... ......... ($ 15.000.00) The vegetation replacement was eliminated from the size of work from Marine Contracting Group. This reduced the costs $15,000. TOTAL .. .................................. ..,..,....... ...., ,......................................................... $ 210,000.00 Agenda Item No. 16F7 January 10, 2006 Page 2 of 10 ADVISORY COMMITTEE RECOMMENDATIONS: This item was recommended for approval by the Coastal Advisory Committee on December 8, 2005; recommended for approval by the Tourist Development Council on December 12,2005. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax fund 195 General Reserves. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDA TION: For Board of County Commission to approve Change Order #4 with Marine Contracting for additional expenditure of $210,000 for Project 905021 and authorize County Manager or his designee to execute the document and approve all necessary budget amendments. Prepared by: Gary McAlpin, Coastal Project Manager Item Number: Item Summary: Meeting Date: Agenda Item No. 16F7 January 10, 2006 Pago 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F? Recommend approval of Change Order #4 with Marine Contractmg Group for additional expenditure of $210,000 under contract 05~3744, Projecf No. 905021 1I10!2006 900:00 AM Date Approved By Lyn Wood Administrative Services Purchasing Agent Purchasing 12/27/200510:39 AM Date Approved By Gary Me-Alpin County Manager's Office Costal Project Manager Tourism 1212912005 10:46 AM Date Approved By Steve Carnell Admínìstrative Services Purchasing/Gêneral $vc-s Direc.tor Purchasing 121291200511:63 AM Date Approved By Jack Wert County Manager's OOK;e TOUl'íSrTI Director Tourism 12129120062:33 PM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office ot Management & Budget 121Z9120Q6 2.:43 PM Daie Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management 8. Budget 1/3/2006 2.:21 PM Date Approved By Michael Smykowskí County Manager's Office Management & Budget Director Office of Management & Budget 1131200G 3:01 PM Date Approved By James; V. Mudd Board of County Commissioners County Manager County Manager's Office 1/3/20064:56 PM --".~'.----.. ._ 0-__·.- Agenda Item No. 16F7 Date: 12/19/05 E-Mailed To Bonnie: Project Name: Hideaway Beach Jetty & T-Groin Construction Project Number: 905021 BIDIRFP #: 05-3744 Mod#: 4 PO#: 4500041481 Work Order Number: Contractor/Consultant: .Marine Contracting Original Contract Amount: $_2,140,880.00 (Starting Point) Current BCC Approved Amount: $_2,140,880.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $_2,294,876.00 (Including All Changes Prior To This Modification) Change Amount: $ 210,000.00 Revised ContracúWork Order Amount: $_2,504,876.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContracúWork Order: L363,996.00 Percentage Of The Change OverfUnder Current Contract Amount: 17.00 % Overview of change: To pay for sales tax on material not included in original contract, for extra work involving changed conditions of the beach profile due to Hurricane Wilma and jetty location, delay due to sand placement and additional work requirements due to Turtle Season. Also includes a c for deletion of restoration of access areas. ,/. Scanned Date: Date: ~~-/9-D f' Contract Specialist: Data Entry Infonnation: Type of Change: Contract Project Manager: Gary McAlpin Department: Tourism Change Category Type, Circle One Below: 1. Planned or Elective 2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. Value Added 6. Schedule Adjustments Revised 7/11/05 -.--. ~ .............. -.. CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16F7 January 10, 2006 Page 5 of 10 -OJECT NAME: Hideaway Beach Jetty & T·Groin Construction PROJECT #: 905021 BID/RFP #: 05-3744 DEPARTMENT: Tourism MOD #: LPO#: 4500041481 Original Contract Amount: $ 2.140.880.00 (Starting Point) Current BCC Approved Amount: $ 2.140.880.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $2.294.876.00 (Including All Changes Prior To This Modification) Change Amount: $ 210.000.00 Revised ContradIWork Order Amount: 52.504.876.00 (Including This Change Order) Cumulative DoUar Value of Changes to this ContractIWork Order: $ 363.996.00 Date of Last BCC Approval June 28. 2005 Agenda Item # 16F2 Percentage of the change over current contract amount 17.00% Formula: (Current Amount I Last BCC approved amount)-1 _Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BeC on Purchasing 3port. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, 3ection III.C.4. CURRENT COMPLETION DATE (S):ORlGINAL: October 24.2005 CURRENT: November 18. 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Marine Contracting 1. Sales Tax . Stored Material Sales Tax....................................................... $ 47,762.95 . In-place Material Sales Tax..................................................... $ 27,237.05 2. Extra work involving changed conditions for the beach profile and rock jetty location. Delay due to sand placement and additional work requirements due to Turtle season ($76,185.77 of the total will be back-charged to Weeks Marina plus $3,856.11 to the City of Marco Island)...... ........ ................ ...... ....... ........... .................... $150,000.00 3. Vegetation credit for deleted work ...........................................,.........íJ 15.000.00) Total....... ............ ....... ............. ........ ....... ......... .... ....... ........... ..... ........ $210,000.00 JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? A Additional fundinc needed due to hurricane erosion. ComDletion on this Droiect in a time efficient manor to Drotect hideawav Beach. PARTIES CONTACTED REGARDING THE CHANGE: Garv McalDin: Lvn Wood: Marine Contractina IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y Change is being implemented in a manner consistent with the existing agreement --- _ Y The appropriate parties have been consulted regarding the change _ Y Proposed prices, fees and costs set forth in the change are reasonable Revised 4/25/2005 ..~,'.""- ."....".-,,~-..._.._~..._.... --,._- ·~_"o.,,....__..,"._ PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. Date: 1:2 -1'1-oS Date: /;2-11-cJ~ APPROVE BY: G REVIEWED BY;" L n Revised 4/25/2005 Agenda Item No. 16F7 January 10, 2006 Page 6 of 10 CHANGE ORDER Agenda Item No. 16F7 January 10, 2006 Page 7 of 1 0 CHANGE ORDER NO. 04 CONTRACT NO. 05-3744 TO: Marine Contractina 2511 Vasco Street. Unit 112 Punta Gorda. FL 33950 DATE: October 28. 2005 PROJECT NAME: Hideawav Beach Jettv & T -Groin Construction PROJECT NO.: 05-3744 Under our AGREEMENT dated December 14. 2004. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Add funding for the following items. 1. Stored material Sales Tax (Sheet piling and Filter Fabric): $47,762.95 2. In place material: Sales tax (Rock and Plastic Wood) $27,237.05 3. Extra work involving changed conditions for the beach profile and rock jetty location. Delay due to sand placement and additional work requirements due to Turtle season ($76,185.77 will be back-charged to Weeks Marine. An additional $3,856.11 to the City of Marco Island) $150,000.00 4. Vegetation credit for deleted work ($ 15,000.00) TOTAL $210,000.00 FOR THE Additive Sum of: Two Hundred Ten Thousand Dollars ($210,000). Original Agreement Amount Sum of Previous Changes This Change Order (Add) Present Agreement Amount $ 2,140.880.00 $ 153.996.00 $ 210.000.00 $ 2.504.876.00 The time for completion shall be increased by -º-- calendar days due to this Change Order. Accordingly, the Contract Time is now () calendar days. The substantial completion date is November 18. 2005 and the final completion date is November 25. 2005. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. PREPARED BY: tJ.~ /t1;~ Gar"l McAlpin, Coast I Project Manager I~-I'I- c $' Date REVEIWED BY: Revised 2/24/2005 -~~-"'- ^'"-....~'--,,~~._.,,- ~-"'---"--~- Leo E. Ochs, Jr., Deputy County Manager Agenda Item No. 16F7 D January 10, 2006 ate Page 8 of 10 ACCEPTED BY: Marine Contracting Group. Inc /z¡f~/t75 15ate Z/f (/C G" A. ,A1, DOL- Q Pæe:s 'ÞeI1J"- Type or Print Name and title Date ACCEPTED BY: Jack Wert, Tourism Director Date Approved as to fonn and Legal Sufficiency: Assistant County Attorney Revised 2/24/2005 BUDGET AMENDMENT REQUEST Agenda Item No. 16F7 January 10, 2006 Page 9 of 10 For Budget/Finance Use Only BA#...... .............. JE#...... . BAR#. A.P.H. Date ........ ...... Fund Number 195 Fund Description Beach RenoruishmentlPass Maintenance Date Prepared: 1217/05 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Reserves-Board Fund 195 Reserves FdCtrNo.: 991951 WBS No.: 919010 (Provide the Fund Center or WBS element infonnation; it is not required to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2'et Bud2'et 919010 991951 991000 Reserves for ($210,000.00) $1,309,100.00 $1,099,100.00 Contingencies Net Change to Budget (210,000.00) Expense Budget Detail Fund Center Title: TDC Beach Renourishment Cat. A WBS Element Title: Design Hideaway Beach Renourishment 195 (P 'd h F d C was I . fi . d 'd b h Fd Ctr No.: 110406 WBS No.: 905021 rovI e t e un enter or e ement III onnatlOn; It IS not reqUITe to prav! e ot .) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud!!et 110406 905021 634999 Other Contractual $210,000.00 $5,355,775.00 $5,565,775.00 Services Net Change to Budget $210,000.00 EXPLANATION Changes orders necessitate necessary funding to complete this project. Funds are available in 195 Reserves. .-.---.......-'". Agenda Item No. 16F7 January 10, 2006 Page 10 of 10 DATE I Cost Center Director: Division Administrator: Budget Department: Agency Mana2er: Finance Department: Clerk of Board Admin,: Input by: B,A. No.: REVIEW PROCESS Agenda Item No. 16H1 January 10, 2006 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 deteI1l1ined 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: Tom Henning FUNCTION/EVENT: Economic Development Council of Collier County Pre- Legislative Luncheon PUBLIC PURPOSE: To receive a preview of the 2006 Legislative session. DATE OF FUNCTION/EVENT: Wednesday, December 14, 2005. FISCAL IMPACT: $20.00 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 Tom Henning to attend function serving a valid public purpose. PREPARED BY: Sam Tucker, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: January 10,2006 ""- Item Number: Item Sumrmuy: Meeting Date: Agenda Item No. 16H1 January 10. 2006 Page 2013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H1 Commissioner Henning requests Board approval for reimbursement 10 attend a functIon serving a valid public purpose. Commissioner to attend the Economic Development Council of Collier County's Pre~Leg¡slative Luncheon at The Strand Country Club on Wednesday, December 14, 2005. $20.00 to be paid from CDmmissioner's travel budget 1110120069:00:00 AM Da.. Prepared By Sam Tucker Board of County Commissioners E.Œcutive Aide to the BCe Bee Office 12/6f200512;J5:36 PM Date Approved By Sue- Filson Board of County Commissioners Executive Manager to the BCe Bce Officf} 1216120051:05 PM Da" Approved By James V. Mudd Board or County Commissioners County Manager County Manager's Office 12116120063:48 PM .._""""'-'-~...... Agenda Item No. 16H 1 January 10. 2006 Page 3 of 3 I . I '-: --i . I ECONOMIC DEVElOPM~NT COUNCIL . OF COLUER COUNTY NAPLES, FLORIDA EVERGlADES CITY· GOLDEN GATE IMMOtwH' MAO:CO ISLAND VVEDNESDA~ DECEMBER 11 :30 AM . 1 :30 PM STRAND COUNTRY CLUB 3050 Horse<:óhoe Drive Nonh, Suite 120 Ncp1O$. Ftoñda 341 04~ USA Phon. {239} 263.8989 P""f239J 263·6021 www.eNoplésFlórido.com This luncheon hosts the Collier County Legislative Delgafian and gives the EDC Trustees, County Commissioners and EDC Members, and their guests an opportunity to recieve a preview of the 2006 Legislative session, Attendees will have an opportunity to interact with the panel and address questions on legislation related to economic development, constitutional amendments, transportation. healthcare. disaster assistance. workers' compensation and gowth management issues. STRAND COUNTRY CLUB 5840 STRANC BOULEVARC NAPLES, FL34110 ON WEDNESDAY, DECEMBER 14 11 :30 A.M.· 1 :30 P.M. We invite you to join us to discuss these very important issues with our Legislators. Attendee Ipformatlon. ~ I ( . Name(s) l.1m\,m1~ ¡ rnif Itr'hI :t:tUUlI ~ Company Name: C-~ l ¡ ~ c.(~Á~Jd~ r":1tNfrn m-&rCi Phone Number: 'l2£}- .~. ~;~kOf paYom~r~dit Card (AMEX. MC or Visa) ~ M Ál(:J) ~ 'l é!O (choose one) r v- U Amount: $ ,t..-O -- $40 EDC Members' $50 non-members Account Number: Expiration Date: Signature: Name as it appears on card: Complete and return by Friday, December 9. 2005 to: Mall: Economic Development Council of Collier County 3050 N. Horseshoe Drive. #120. Naples. FL34104 Fax: (239) 263-6021 . Phone: (239) 263-8989 E-mail: beth@eNaplesFlorida.com No shows Will be Charged! EDC Benefactor Investor: Event Sponsors: Sprint II ,"è",CHOYJA Agenda Item No. 16H2 January 10, 2006 Page 1 of 5 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has detennined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Gala Celebration of the 5th Anniversary of Jerusalem Haitian Community Center, Inc. PUBLIC PURPOSE: Attended this event as a Speaker representing District 5. DA TE OF FUNCTION/EVENT: December 10, 2005 FISCAL IMPACT: $20.00 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: January 10,2006 -. Item Number: Item Summary: Meeting Date: Agenda Item No. 16H2 January 10. 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H2 Commissioner Coletta request approval for reimbursement for attending a function serving a valid public purpose Commissioner paid to attend the Gala Celebrating the 5th Anniversary of Jerusalem Haitian Community Center, inc. on December 10,2005 and is requesilng reimbursement 1n the amount of $20.00, to be paid from his travel budget 1/10/2006900 DO AM Date Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the BeC Bee Office 12/14/2005 11:30:30 AM Date A pproved By Sue Filson Board of County Commissioners Executive Manager to the BCC Bee Office 1211412005 12:34 PM Date Approved By James V. Mudd Board of County Commíssioners County Manager County Manager's Offjce 12/19/20D5 7:30 PM .-.."-~_.~._- _--...._~4_. Agenda Item No. 16H2 January 10, 2006 Page 3 of 5 From: rosiak_n Sent: Tuesday, November 15, 20054:53 PM To: 'jerusalemhaitiancommunitycenter@yahoo.com' Subject: FW: FW: Transportation on Sunday Dear Mr. Sinjuste: Commissioner Coletta will be delighted to accept your invitation to be a key speaker at your 5th Anniversary. He will see you there by 8 p.m. on December 10, 2005. N l4 VlvC,tj RDSU;¡ R, EXECUTIVE AIDE TO COMMISSIONER JIM COLETTA. DISTRICT 5 PH: (239) 774-8097/FAX: (239) 774-3602 Nancy Please except the invitation on my behalf. Jim From: rosiak_n Sent: Tuesday, November 15, 2005 2:58 PM To: ColettaJim Subject: F\N: FW: Transportation on Sunday Commissioner Coletta: Here is the invitation - pasted below. N {i{ VlvC, tj RO S ~ {i{ R EXECUTIVE AIDE TO COMMISSIONER JIM COLETfA. DISTRICT 5 PH: (239) 774-8097/FAX: (239) 774-3602 Please note: Florida has a very broad public records law. Most written communications to or from officials regarding county business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Jacques SINJUSTE [mailto:ierusalemhaitiancommunitycenter@vahoo,com] Sent: Thursday, November 03,20055:40 PM To: ColettaJim Subject: FIFTH anniversary of JERUSALEM HAmAN COMMUNITY CENTER, Inc. Dear Commissioner Coletta: You have been invited to join the Haitian community (who really appreciates all you have done to put us in the political map in Collier County) to join us in the celebration of our fifth anniversary on December 10th 2005 at seven thirty in the evening, 2 Agenda Item No. 16H2 to be held at NAPLES NEW HAITIAN CHURCH OF THE NAZARENE, 5085 Bayshore Drive, NaPles,JpßY~&i\1~~ You would really honor us beyond measure if you could be the keynote orator on that occasion. Your intervention would ( begin at eight o'clock in the evening (very punctually) and could end (at your discretion) between eight twenty and eight thirty. JHCC would provide translation in Creole. Your prompt answer would be greatly appreciated. Allow me to remain Respectfully Yours, JACQUES SINJUSTE, Director General, 171 Commercial Boulevard, Suite 26, Naples, Florida, 34104.- JACQUES sìnjuste JHCC. Jerusalem Haitian Community Center 171, Commercial Boulevard # 26 Naples Florida 34104 Phone: (239) 430 1421.1Fax(239)649-6389 E-mail jerusalemhatiancommunitycenter@yahoo.com Dear Commissioner Coletta: Thank you for your expeditious way to answer my message. Of course, we are already used to your efficient way (' of working, which is highly appreciated by our clients and by the rest of the Haitian community in Collier County. I ignore if you have been informed about the invitation forwarded to you to be the keynote speaker at the fifth anninversary of our organization. We are expecting the presence of community leaders from Miami, Orlando, and New York City. Diplomats :from Haiti and France have also announced their presence among us on that date. Nevertheless, our Executive Committe, in acknowledgement of all you have done for the Haitians in Collier County, decided that the first invitation should be sent to you. Please, confmn if you could join us on that occasion. Sincerely, JACQUES SINJUSTE, Director r 3 .'- "'---_."-~,- "."....~'''''-...._.,.'"'''~",..,..,.., ('1 ~NI l:¡ Io...,'t-~ % ~.("1- ~ 8 'ß ::r: 0 ~ ~ ~ ~¿. ~ ~t Û' u- ~ /)&3 ~ CO r It) fIJ ~ ~ æ u i= ~ ::s o u ~ E--< ~ ::s w ~ tZJ ~ W ..... " >- ~ ~ w 2:: ~ ~ ~ - ~ ~ Z * * * * * * * * * * * * * * * * * * * * * \~i --* * -- * - !5 * "S .5 : !,( ::s : * .. * c: * o * .... * ~ * ~ : < : Agenda Item No. 16H3 January 10, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has detennined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTIONIEVENT: EDC Pre-Legislative Lunche at The Strand Country Club PUBLIC PURPOSE: Discuss upcoming legislative priorities with state representatives. .,..........", DATE OF FUNCTIONIEVENT: December 14,2005 FISCAL IMPACT: $20.00 Funds to be paid from Commissioner's travel budget. RECOMMENDA TION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend function serving a valid public purpose. PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: January 10,2006 .- Item Number: Item Summary: Meeting Date: Aqenda Item No" 161i3 '" January 10, 2006 Pago 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H3 CommissIoner Halas reques1s Board approval for reunbursement for attending a function serving a valid public purpose. Attended the Economic Development Council Pre· Legislative Luncheon on December 14, 2005 at The Strand Country Club; $20,00 to be paid from Commissioner Halas travel budget. 1/10/2006900:00 AM Date Prepared By Trisha McPherson Boa rd of County Commissioners Executive Aide to the BCe Bee Office 12/14/20055:00:06 PM Dat. Approved By Sue Filson Board of County Commis$joners Executive Manager to the Bee Bee OffÎte 12.15/2005 11 :01 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 12/19/20057031 PM - ·--···~""__~.W' Agenda Item No. 16H3 January 10, 2006 Page 3 of 3 WEDNESDAY, DECEMBER 14, 2005 11 :30 AM . 1 :30 PM STRAND COUNTRY CLUB This luncheon hosts the Collier County Legislative Delgation and gives the EDC Trustees, County Commissioners and EDC Members, and their guests an opportunity to recieve a preview of the 2006 Legislative session. Attendees will have an opportunity to interact with the panel and address questions on legislation related to economic development, constitutional amendments, transportation, healthcare, disaster assistance, workers' compensation and gowth management issues. STRAND COUNTRY CLUB 5840 STRAND BOULEVARD NAPLES, FL34110 ON WEDNESDAY, DECEMBER 14 11 :30 A.M.· 1 :30 P.M. We invite you to join us to discuss these very important issues with our Legislators. Attendee Information Name(s) c..a,,^M\~S'l'I,,--,r--Æ F~N\<. W t1LAS Company Name: Phone Number: c...c LL \ £.R... I'Y -,("l~l C ÐU "-J '\ 'f r~tJ.jF P-N M f=...J'JT Method of Payment o Check 0 Credit Card (AM EX, MC or Visa) (choose one) Amount: $ ~D.OO Account Number: \->AlD \?)'í 0_HFrK AT THE.. \:)0012- Expiration Date: Signature: Name as it appears on card: Complete and return by Friday, December 9, 2005 to: Mail: Economic Development Council of Collier County 3050 N. Horseshoe Drive, # 120, Naples, FL 34104 Fax: (239) 263-6021 · Phone: (239) 263-8989 E-mail: beth@eNaplesFlorida.com No shows Will be Charged! EDC Benefactor Investor: Event Sponsors: Sprint .¡ W·AùHOVJA Agenda Item No. 16H4 January 10, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has detennined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTION/EVENT: Issues '06 Southwest Regional Delegation Forum at Florida Gulf Coast University PUBLIC PURPOSE: Discuss upcoming legislative priorities with state representatives. DATE OF FUNCTION/EVENT: 12/16/05 FISCAL IMPACT: $40.00 Funds to be paid from Commissioner's travel budget. RECOMMENDA TION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend function serving a valid public purpose. PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: January 10,2005 Item Number. Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H4 Agenda Item No. 16H4 January 10, 2006 Page 2 of 3 Commissioner Halas re-quests Board approval for reHnbursement for attending a function serving a valid public purpose. Attended Ihe Issues '06 Southwest Regional Delegation Forum on December 16, 2005 al FGCU; $4000 Ie be paid from Commissioner Halas travel budgel 1110/20069:00 00 AM Dato Prepared By Trisha McPherson Board of County Commíssioners Executive Aide to th& BCe Bee Office 12115/20058:20:26 AM Date Approved By SUE: Filson Board of County Commissìoners Executive Manager to the Bce Bce Offite 12/15(200511:00 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Offiçe 12f20J2005 7:14 PM '-"'---'-- I Agenda Item No. 16H4 January 10, 2006 iiiti Page 3 of 3 ~ Re~~ ~eg:'!I!m. Decemllør 11. 2015 florlda Gull COasl UnlVersRv IbIdent Un" Blllroom The Aøenda 9 a.m. to 2 p.m., including continental breakfast and lunch Keynote Speaker: The Honorable Thaddeus Cohen, Secretary, Florida Department of Community Affairs ~ '4 ~ ~ ~ ç:j Regional Presentations: 1 Affordable Housing, Education, Environment and Natural Resources, ) Economy, Growth Management, Healthcare, Transportation and Workforce Development Reservations Please complete and return the registration form no later than Friday, December 9. Cost per person is $40. Checks are payable to ISSUES '06. For sponsorship information, please contact Tina Matte at (239) 275-5758 or TMatte@GravinaSmith.com. Please reserve individual seats at $40 each for ISSUES '06 Attendees Œ..t>M.Mt'SS\(:)t-...)'£R F~N\<" µA-LAS Organization/Company C. [) LL \ €..(L C. ð\..)....) -r'-( G'_I'\\1 T. Address 33D\ \AM\AI..A\ \(2A\L E.. City N Po. PI Fs:; State F L Zip 3411'd-.. Phone I î4--8òq 1 Fax ({y- ~CoÙ'ð- E-mail ç (Q..... ",-v...a. \o..~ @ (' D\ \ \ ~ '50\.)· .........e:\- Cost per person is $40. Checks are payable to ISSUES '06 and should be forwarded no later than Friday, December 9 to: ISSUES '06 c/o Gravina, Smith & Matte 1520 Royal Palm Square Blvd., Suite 160 · Fort Myers, Florida 33919 ~ ~ :I: Agenda Item No. 16H5 January 10, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has detennined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTIONIEVENT: Marco Island Chamber of Commerce Christmas Island Style Gala PUBLIC PURPOSE: To support the Marco Island Chamber of Commerce and constituents. DA TE OF FUNCTIONIEVENT: December 7, 2005 FISCAL IMPACT: $60.00 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: January 10,2006 - Agenda Item No. 16H5 January 10. 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number; 'tern Summary: 16H5 Commissioner Fiala requests Board approval for reimbursftment for attending a funclíon serving a valid public purpose The event was the Marco Island Chamber of Commen~'e Christmas Island Style Gala on December 7, 2005. $6000 to be paid from Commissioner Fiala's travel fund. Meeting Date: 1110/200690000 AM Prepared By Melanie Rodriguez Board of County Commíssioners Administrative Aide to the ace Date Bce Offic:e 1V20/20OS 12;04:14 PM Approved By Sue Filson Executíve Manager to the Bee Date Board of County Commissioners Bee Office 12(20/20051 :10 PM Approved By James. V. Mudd County Managèr Date Board or County Commissioners County Manager'l> Office 12/20/20057:11 PM '----.-..-...-,,,.,.. ._._-",_.~, 12-15-~5 12:2~ COLLIER CTY TAX COLLECTOR ID=+23939469~g~nda Item No. 16H5P. 611 January 10, 2006 Page 3 of 3 ~£~MARCOj) ..fJISLAND< CHAMBER OF COMMERCE 1102 N, COllier Blvd. Marco Islanct FL 34145 239.394.7549 Fox: 239.394.3061 http://marcoislondchomber,org www.info@marcoisjandchamber.org December 8, 2005 ~/ DOlma Fiala Collier County Government 3301 E. Tamiami Tr., 3rd Floor Naples, FL 34112 ***INVOICE*** ChristJ.llas Island Style Gala December 7, 2005 rF:-:~ :~ (0'. ;. " .I . L .:.;~ " , Due. . . . . . . . . . .$60.00 , ':Z.(;,:;:::...~ :-:;. ~~:'.}~:'.~.: i.- r;~~r;: To~: :~'\ £~.~, ~~) \¿/~ r "'61 ",,;"'- .~. "', ' )Y / ~..v ~_ ," .',:j __~ ~....-",...' . , ::;~I~:~ ·l~'~'~~:~:::"~=-';.' . ~ .: .''-'' )...... ~- fþ Y®UR SUPPORT IS GREATLY APPRECIATED! \ / . \ ~ DL\l-lStf 16 ~ , .~~-h , 0 cJL-k- ¡u- - ~~ "-.J ',' -'v ..t ..... ~~,'::"-- ¡:jorida AssociatÎoo of (hambe( Professionals CERl1F1ED OKAM~ER OF COMME:RCE Agenda Item No. 16H6 January 10, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has detennined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONÆVENT: ULI Southwest Florida 9th Annual Winter Institute PUBLIC PURPOSE: To gain perspective on "Better Planning for a Brighter Future" DATE OF FUNCTIONÆVENT: February 3,2006 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: January 10,2006 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16H6 January 10, 2006 Page 2 of 3 Item Number: Item Summary: 16H6 Meeting Date: Commissioner Coletta requests approval for reimbursement for prepayment to attend a function serving a valid public purpose. Commissioner prepaid to attend the ULI Southwest Florida 9th Annual Winter Institute Conference on February 3, 2006, and is requesting reimbursement in the amount of $25.00 to be paid from his travel budget. 1/10/2006 9:00:00 AM Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the BCC Date BCC Office 12/29/200510:52:26 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/3/20067:45 AM Approved By James V. Mudd - County Manager Date rd of County Gommissioners County Manager's Office 1/3/20069:24 AM ULI Southwest Florida 9th Annual Winter Institute Friday February 3, 2006 1:30am-1 :30pm 8118-0611 Reaistration Types and Fees: o Member $150 o Non-member $185 o Public Sector (non elected) $75 Jl! Elected & appointed Government officials $25 o Students $75 o Press Complimentary o Send me ULI Membership Info Registration Deadline: Tuesday January 31, 2006 After 1/31 call 239-992-2291 Confirmations will be emailed. Sorry, fax, checks and P.O. received after the registration deadline will not be included in meeting registry or guaranteed a prepared name badge. Add 15,00 to registration fee after deadline of January 31 Refund requests must be submitted in writing no later than the above registration deadline; refund requests will not be accepted after this date. Fax request to: 202-624-7147. ~genda Item No. 16H6 REGISTRATION FCDRM-y 10, 2006 Payment Methods: (Please check the approprja&~~ 3 of 3 ~ CREDIT CARD: · FAX: 1-800-248-4585 ~ Visa 0 Mastercard b Diners 0 Discover o AMEX o Carte Blanche · Card Number: · Exp. Date:~_ · Signature o CHECK: · CALL: 1-800-321-5011 - Telephone registration is required to ensure inclusion in the registry of attendees and to obtain a prepared name badge. · Make Checks Payable to: ULI Southwest Florida · Mall check with completed registration form to: ULI Southwest Florida District Council meeting 8118-0611 Department 304 Washington, DC 20055-0304 o PURCHASE ORDER: (Public Agencies Only) · FAX: 1-800-248-4585 - Fax copy of signed P.O. and completed registration form to ensure inclusion in meeting registry of attendees and to obtain a prepared name badge. · Payment to follow by check payable to: ULI Southwest Florida · Mall check with Purchase Order & original registration form to' ULI Southwest Florida District Council meeting 8118-0611 Department 304 Washington. DC 20055-0304 If payment has not been received prior to the registration deadline date, a credit card guarantee will be required on-site. No credit card charges will be processed if payment Is received within 1 week of the meeting date, IMPORTANT: The followlna Information must be completed: ULI Member ID # Name -3)11.M.F.:5. N. Œo \e..:\rCL.. :r R.. , Informal Name for Badge Title [1cUley- (nt)n+l rnMM;~~ior1e'- Company (0 Lh'€.r (! O()V\. t¡ 0-c~yH'Y\ eV\ {- Address 3 30 \ 'G:.'!à M \ A. M l I r<... . Clty/State/Zip--W IA.-pr..e;., "F'l- ~q.n 7- Telephone ( Z?~) ì Î to\- - 'l? 001, Fax C 2"3&1) 7 7tf - ~ Coo Z- E-Mail._.:JìMCoIe-il-~(i)coU·Ie.r~..d.n e± 8118-0611 · £mail Is required in order to receive a confirmation· Agenda Item No. 1611 January 10, 2006 Page 1 of 3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 10, 2006 1. FOR BOARD ACTION: A. No items for board action. 2. 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) November 19,2005 - November 25,2005. (2) November 26, 2005 - December 2, 2005. B. Districts: (1) Port of the Islands Community Improvement District: Minutes of September 23, 2005; Agenda of September 23, 2005. (2) Heritaqe Greens Community Development District: Minutes of August 8, 2005; Agenda of August 8, 2005. C. Minutes: (1) Conservation Collier Land Acquisition Advisory Committee: Agenda of November 14,2005; Minutes of October 10, 2005. (2) Collier County Library Advisory Board: Agenda of October 26,2005 (cancelled due to the hurricane); Minutes of September 28,2005. (3) Development Services Advisory Committee: Agenda of October 5,2005; Minutes of October 5, 2005. (4) Parks & Recreation Advisory Board: Agenda of October 19,2005, Minutes of October 19, 2005. (5) Golden Gate Estates Land Trust Committee: Minutes of July 25,2005. (6) Collier County Historical/ArchaeoloQical Preservation Board: Agenda of November 16, 2005; Minutes of October 19, 2005. (7) Collier County Planninq Commission: Agenda of November 17, 2005; Minutes of September 30,2005. ,- H:\DAT A\Melanie\2006 Miscellaneous Correspondence\1.1O.06 Misc. Corresp. Memo.doc Agenda Item No. 1611 January 10, 2006 Page 2 of 3 (8) Domestic Animal Services Advisory Committee: Minutes of October 18, 2005. (9) Vanderbilt Beach MSTU Advisory Committee: Agenda of December 1, 2005; Minutes of November 3, 2005. (10) Bayshore/Gateway Trianqle Local Redevelopment Advisory Board: Minutes of April 4, 2005; Minutes of April 5, 2005; Agenda of April 26, 2005; Minutes of April 26, 2005; Minutes of May 2,2005; Minutes of May 3, 2005; Agenda of May 11, 2005; Minutes of May 11, 2005; Minutes of May 23,2005; Minutes of May 24,2005; Agenda of June 7, 2005; Minutes of June 7, 2005; Agenda of July 12, 2005; Minutes of July 12, 2005; Agenda of August 2,2005; Minutes of August 2,2005. D. Other: (1) Caribbean Gardens Blue Ribbon Committee: Minutes of September 12, 2005; Minutes of September 23, 2005 (2) Letter dated November 7,2005, from Mike Sheffield, Assistant to the County Manager, to Sheriff Don Hunter regarding public records request. H:\DAT A\Melanie\2006 Miscellaneous Correspondence\1.10.06 Misc. Corresp. Memo.doc Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1611 Agenda Item No. 1611 January 10. 2006 Page 3 of 3 Miscellaneous, correspondence 10 fl!e for record v.¡ìth action as directed 1/10/2006900:00 AM Prepared By Date Melanie Rodriguol Board of County Commissioners Administrative Aide to the Bee Bce Office 12120/2:00510:40:24 AM Date Approved By Sue Filson Board of County Commissioners Executive Manager to the Bce Bee Office 12/20/2005 10:43 AM Date Approved By James V. Mudd Board or County Commissioner!> County Manager County Manager's Office 12/20/20057:56 PM ..,..~_.,,, Agenda Item No. 16J 1 January 10, 2006 Page 1 of 3 -, EXECUTIVE SUMMARY Authorize the Supervisor of Elections to accept voter education funds with a 15% matching contribution. OBJECTIVE: To accept funds from the Department of State, Division of Elections for additional voter education training beyond the Supervisor of Elections current programs. - CONSIDERATIONS: The Division of Elections shall award Collier County Supervisor of Elections a total of$49,121.91, (see Appendix A). The Florida Legislature appropriated $3,000,000 specifically for voter education. These funds will be distributed to the Supervisor of Elections pursuant to a formula based on the number of registered voters in the county, as certified by the Department of State for the 2004 General Election. The Legislature specified that these funds could be used for mailing or publishing sample ballots; for conducting activities described in the Standards for Nonpartisan Voter Education provided in Rule 1 S-2.33, F.A.C.; fOf.print, radio or television advertising to voters; and for other innovative voter education programs, as approved. by the Department of State, In order to receive the funds, the Legislature requires that the Supervisor ofElectioDS provide a detailed description of the voter education plan (see Appendix B). In addition, the Chairman of the Board of County Commissioners will need to certify that the county will provide a 15% ($7,368.29) matching fund, The matching funds were included in the Supervisor of Elections 200512006 budget. FISCAL IMPACT: The Collier County Supervisor of Elections will receive $49,121.91 from the Division of Elections to be appropriated in the Supervisor of Elections budget with definitive project tracking. GROWTH MANAGEMENT INPACT: None RECOMMENDATION: That the Collier County Board of County Commissioners authorizes the Chairman to sign the Memorandum of Agœement. APPROVED BY: Jennifer J. Edwards Supervisor of Elections Date: ^,._--- ""'_...._"_~..".~a.....'·__ _,.."" Item Number: Item Summary: Meeting Date: Agenda Item No. 16J1 January 10. 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J1 Authorize the Supervisor of Elections to accept voter education funds with a 15<16 matching contribution. ($49,121.91) 1!1O!2006 9:0000 AM CCIlmty Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 12/20/20057:09 PM ....-----..-. ------ .. Agenda Item No. 16J 1 January 10, 2006 Page 3 of 3 Certificate RepnliDg Matddag Fundi I, Fred Coyle . Chairman of the Board of County Commissioners of Collier County, Florida, do hereby certify that the Board of County Commissioners will provide matching funds for voter education in county FY 2005-2006 to the Supervisor of Elections in an amount equal to at least 15% of the amount to be received from the state, which for Collier County is $7,368.29. I understand that if the Board fails to appropriate the required matching funds, all funds received from. the state for voter education purposes during the 2005-2006 state fiscal year will be required to be returned to the Department of State. Chairman, Board of County Commissioners Date Agenda Item No. 16J2 January 10, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to create a Criminal Case Management system, including the creation of a Case Management Coordinator position, to expedite cases through the criminal court system (FY 06 costs of $38,100) OBJECTIVE: Establish a Criminal Case Management system to monitor case progression, inmate length of stay prior to adjudication, jail population, as well as liaison with all stakeholders to establish working policies that expedite cases through the criminal court system. CONSIDERATIONS: The Chief Judge of the Twentieth Judicial Circuit recommends the creation of a Criminal Case Management system. The program requires one (1) FTE, a Case Management Coordinator, who will report to the Deputy Criminal Justice Director for Court Administration, Collier County. The Case Management Coordinator will establish a workable timeline to expedite Criminal Cases through the system. A major aspect of this assignment is to address the number of non-adjudicated jail population currently housed in the Collier County Jail. At their December 15, 2005 regular meeting, the Public Safety Coordinating Council discussed the proposed Criminal Case Management system and position to aid in the management of criminal cases. The Council supports the creation of the position to analyze data and facilitate more rapid movement of cases through the judicial system. FISCAL IMPACT: For the remaining 8 months of the fiscal year the cost for salary and benefits is $36,100 and $2,000 for office set-up for a total of $38,100.00. General Fund (001) reserve funds will initially be utilized to fund the program in FY 06, with a possible future offset from the State Mandated Chief Judge assignment fund. Annualized cost in FY 07 is anticipated to be $48,000. GROWTH MANAGEMENT IMPACT: There IS no growth management impact associated with this request. RECOMMENDATION: That the Board of County Commissioners authorize the implementation of a Criminal Case Management system, including the creation of a Case Management Coordinator position and associated budget amendments. The Chief Judge of the Twentieth Judicial Circuit recommends this program and position be funded to aid in the management of criminal cases. PREPARED BY: Mark Middlebrook, Senior Deputy Court Administrator Item Number: Item Summary: Meeting Date: Agenda Item No. 16J2 January 10. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J2 Recommendation to create a Cnmmal Case Management System, including the creation of e Case Management CODrdinator position, to expedite cases through criminal court system (FY06 costs of S38,100). 1110120069:0000 AM Management & Budget Analyst Date Approved By Gary A. Vincent County Manager's Office Office of Management & Budget 12[30/20059:41 AM Michael Smykowski Managemenf & Budget Director Date Approved By County Manager's Office Office of Management & Budget 11312006 ß:46 AM Approved By James V, Mudd Board of County COInmì9sìoners County Manager Date County Manager's Office 11312006 9:40 AM Agenda Item No. 16J3 January 10, 2006 Page 1 of 9 EXECUTIVE SUMMARY Approve the Inter-local Agreement for Election Services which leases the County-owned voting machines to the City of Naples for use in the City's February 7, 2006 election, and to authorize the execution of this agreement by the Chairman of the Board of County Commissioners, OBJECTIVE: That the Board approves the Agreement entitled "Inter-local Agreement for Election Services." CONSIDERATION: F.S. 101.36 authorizes "the board of county commissioners of any county that has adopted voting machines or electronic or electromechanical voting to permit municipalities within the county to use county-owned voting machines or devices... on a rental basis, upon such tenns and conditions as the board may detennine." The City of Naples will be holding a City election on February 7,2006, and has requested certain assistance from the Collier County Supervisor of Elections, which will require the use of County-owned voting equipment. Among other things, this Agreement leases County-owned equipment to the City for use in the City election. ,.-. FISCAL IMPACT: The lease of the County-owned equipment is for a fee of $ 12,500.00. In addition, the Collier County Supervisor of Elections will be reimbursed for all costs associated with the election. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves the Agreement entitled "Inter-local Agreement for Election Services," and authorizes the Chairman to execute the Agreement on behalf of the County. Submitted by: Date: Jennifer Edwards Col1ier County Supervisor of Elections .- Agenda Item No. 16J3 January 10, 2006 Page 2 of 9 INTERLOCAL AGREEMENT FOR ELECTION SERVICES By and Among the City of Naples, Collier County and the Collier County Supervisor of Elections This Agreement for Election Services (Agreement) is for the February 7, 2006, City Council Election, and is by and among the City of Naples ("City"), Collier County, by and through the Collier County Board of County Commissioners ('·County") as owners of the County's voting and ballot tabulation equipment, and the Collier County Supervisor of Elections ("'Supervisor"), as custodian of the County's voting and ballot tabulation equipment. WITNESSETH In consideration of the premises and covenants set out below, and for $10 and other valuable consideration in hand received by the County and the City, it is hereby acknowledged and agreed by the parties hereto as follows: 1. This Agreement is entered into pursuant to the provIsIOns of the Florida Interlocal Cooperation Act of 1969, set forth in §163.01, et seq., Fla. Stat., and is further authorized pursuant to the parties' respective home rule powers granted by the Florida Constitution. 2. The City represents that under the terms of the City Charter, the City is responsible for the conduct of aU its municipal elections except when the City chooses to call a special election to be held by mail ballot. Nothing in this Agreement shall be construed to infer that the County or the Supervisor interpreted the provisions of the City's Charter or interfered in any way with the City's exercise of its home rule powers pursuant to the conduct of the City election. 3. To facilitate the City's conduct of its February 7, 2006 election, the Supervisor shall do those items enumerated in Exhibit A identified as s.19.1, Security Procedures for Stand Alone Municipal Elections of Collier County. 4. The City shall provide to the Supervisor and the Florida Attorney General a copy of the City's letter of submission and response to and from the U.S. Department of Justice relative to any changes, which the City makes relative to polling site locations. A copy of the letter of submission must be returned with this executed agreement' and a copy of the response from the U.S. Department of Justice shall be provided no later than 5:00 p.m. on the fourth day preceding the election. 5. Subject to the terms of this Agreement, the County agrees to lease the following items to the City for use at the polls in its election: · 125 i V otronics© with booths, (includes 1 Audio unit per precinct.) · 240 Personal Electronic BaUots · 12 Compacs · 12 Laptop computers · Precinct Signs with Flags · 12 Precinct file caddy and supplies · 12 sets of 3 Vote Here Alphabet Card sets · 24 EVID's (Electronic register with signature pads) Revised November 2005 1 Agenda Item No. 16J3 January 10, 2006 Page 3 of 9 6. The Supervisor shall arrange for the equipment pick-up at the Elections Office to occur between the hours of 8:30 a.m. and 4:30 p.m. on Friday preceding the election date. 7. The City shall arrange to accept delivery of equipment at the specified polling sites between the hours of 8:30 a.m. and 4:30 p.m. on the Friday preceding the election date. 8. The Supervisor of Elections Office will coordinate the pick-up of precinct supplies on the Saturday prior to the Election by the Clerks. The Supervisor shall provide all oaths, fonns, and training materials to the City's Poll Workers, Clerks, Oath Persons, FED'S and Ballot Activators. 9. No later than the day following the election the equipment used in the City's election will be picked up. 10. The City shall use the COW1ty'S certified tabulating systems, and pay directly to the Supervisor all costs for programming, on-site election support, and any repairs required as a result of the City's use. 11. Nothing in this Agreement shall require the County or the Supervisor to arrange for the acquisition or construction of additional equipment for use by the City at its poll sites should such equipment not already be in the County's inventory for that specific poll site facility. 12. Neither the COW1ty nor the Supervisor shall be held accountable for equipment needs not contained within this Agreement. There shall be no last minute adjustments to this Agreement for equipment or consumable supplies. 13. Subject to the tenns of this Agreement, the County agrees to lease to the City the ballot tabulation equipment components enumerated herein: · Model 650 Scanner for Absentee Ballot tabulation · Unity Election System including · Data Manager · iVotronic© Image Manager · Hardware Programming Manager · Data Acquisition Manager · Reporting Manager 14. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the following additional conditions: . The City shall utilize the services of the staff of the Supervisor to program the system for ballot tabulation of the city election. . The City shall not remove the bal10t tabulation equipment ITom the Collier County Government Center where it is in the Supervisor's custody or take any action, which would jeopardize the security of the system or interrupt the custody chain. · The City shall be present to conduct the Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election (or the start of early voting) at the office of the Supervisor. Revised November 2DD5 2 Agenda Item No. 16J3 January 10, 2006 Page 4 of 9 . The City shall store its copy of the Logic & Accuracy Test at the Supervisor of Elections Office. . The City's failure to comply with any of these provisions, as detennined by the Supervisor, shall constitute adequate grounds for tennination of this Agreement for convenience by the Supervisor, on behalf of the Supervisor and the County, upon five (5) calendar days notice ITom the Supervisor to the City. However, any such tennination for convenience by the Supervisor shall not relieve the City ITom fully complying with any of its outstanding obligations under this Agreement. 15. The Supervisor's Office shall be and is solely responsible for the content and fonnat of any affidavits and training materials used in the course ofthe election. 16. The Supervisor shall be responsible for any training of City's election workers, and the development of its training materials. The City Clerk or her representative will attend all training sessions. The City shall be liable for all actions taken by the City's poll workers during the course of its election day. The City shall enforce §102.031(4), Fla. Stat., which provides as follows: "(4)(a) No person, political committee, committee of continuous existence, or other group or organization may solicit voters inside the polling place or within 1 00 feet of the entrance to any polling place, or polling room where the polling place is also a polling room, or early voting site. Before the opening of the polling place or early voting site, the clerk or supervisor shall designate the no-solicitatÜ:m zone and mark the boundaries. (b) For the purpose of this subsection, the term "solicit" shall include, but not be limited to, seeking or attempting to seek any vote, fact, opinion, or contribution; distributing or attempting to distribute any political or campaign material, leaflet, or handout; conducting a poll; seeking or attempting to seek a signature on any petition; and selling or attempting to sell any item. (c) Each supervisor of elections shall inform the clerk of the area within which soliciting is unlawful, based on the particular characteristics of that polling place. The supervisor or the clerk may take any reasonable action necessary to ensure order at the polling places, including, but not limited to, having disruptive and unruly persons removed by law enforcement officers from the polling room or place or from the 100-foot zone surrounding the polling place. " The City shall be responsible for the resolution of all issues regarding solicitation within 100 feet of the polling site rule. 17. The Supervisor of Elections shall be responsible for all activity relating to any absentee ballots the City chooses to provide voters for the election, including processing requests; addressing absentee envelopes; and verification of voter signatures. 18. The Supervisor shall prepare and advertise bilingually the voter registration book closing in accordance with general law and obtain an Affidavit of Publication for same. Said advertisement shall subsequently be billed to the City, which shall be responsible for payment. With the sole exception of the voter registration book closing advertisement, the City shall run proper bilingual advertisements for required election notices in a newspaper of general circulation within the County.c Revised November 2005 3 ... Agenda Item No. 16J3 January 10, 2006 Page 5 of 9 19. The Supervisor of Elections shall provide the necessary training and personnel on Election Day to verify absentee voter signatures, open absentee ba1lots, and prepare the voted ballots for actual tabulation. The City will be responsible for payment of wages directly to aU election workers. Such work sha1l be conducted under the rules established by the City Canvassing Board. 20. The Supervisor of Elections shall be responsible for retention and destruction of all election day materials in conformity with applicable State and Federal laws. 21. With the exception of activities relating directly to the Supervisor's detenninations regarding voter registration and eligibility, and to the extent pennitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the . Supervisor, their officers, agents, and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses including attorney's fees, to any person or property which may result now or in the future ITom City's activities associated with this City election, arising out of or resulting ITom any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreement. Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold hannless the County, the Supervisor, their officers, agents and 'employees, from and against any and aU actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses, to any person or persons authorized by the City, its employees, or agents to participate in the City election when not otherwise authorized or eligible, or ITom events relating expressly to City election activity. 22. A1l costs, including attorney's fees and court costs, shall be paid by the City for: a. Litigation involving payment due to the County or Supervisor and for co1lection for any judgment recorded against the City, and b. Litigation involving the City's election whether brought by an elector, the U.S. Department of Justice, or others. 23. To lease voting units, and other supplies listed within this contract, the fee shall be $100 per voting unit ($100 x 125 units = $12,500.00). The fee shall cover replacement parts and shipping necessary to repair any damages to the County's voting unit or equipment leased to the City. In the event the cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the County for the difference. The fee of $12,500.00 shall be paid to the Supervisor no less than 45 days prior to Election Day. The City agrees to pay for training, tabulation materials, ba1lot setup and precinct registers in the amount bil1ed by the Elections office and any additional charges that may apply for Spanish translation at a rate of $ .25 to $ .50 per word with a minimum charge of $25.00. The Supervisor wi1l bill this amount after the election. The cost of early voting equipment is not included in this agreement. 24. Within 10 calendar days fo1lowing the City election date, the City shall provide any replacement parts or equipment that were lost, stolen, or damaged while in the City's possession. 25. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall pay the Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall be actual costs associated with the following: . Revised November 2005 4 Agenda Item No. 16J3 January 10, 2006 Page 6 of 9 · computer sort time at the rate of $1 00 per sort · computer printing at the rate of $.2 7 per page · actual costs of advertising the voter registration book closing · actual staff labor costs for work unique and peculiar to the City's election · $.0125 per page of county Precinct Register paper used (does not include data processing sorts or printing costs) · $.15 per page for 8.5" x 11" or 8.5" x 14" copies · $.20 per page for duplexed copies · actual cost of any expenditures required by the City's election and paid by the Supervisor. 26. Notwithstanding all provisions for payment set forth in this Agreement, the City shall be responsible for all costs associated with manpower, equipment, postage, and any other election costs, whether or not specifically set forth in this Agreement. The costs of workers for early voting is not included in this agreement. 27. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for its election. The County and Supervisor responsibility for security regarding the City's election are limited to those items contained in the attached Exhibit A. 28 The County and the Supervisor have no liability for costs or expenses or other liability incurred by the City in preparation for this election should the U.S. Department of Justice note an objection in its response to the Mayor's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of the election, the City is not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. 29. The City shall obtain an insurance policy which shall name the County as additionally insured or agree to provide coverage through the City's self-insurance and shall assure that the County will have no fmancial obligation which includes the City's responsibility for paying any deductible for any damages to the County's voting and ballot tabulating equipment and systems used in a City election. The City shall provide the County with a Certificate of Insurance for said coverage or a resolution indicating such coverage under the City's self-insurance program. 30. In the event there is an election protest, contest, or sequestration order arising from the City's election involving any component of the County's voting system andJor equipment which would preclude its further use until the matter has been resolved by the courts, and the County has an election scheduled where the equipment must be used, the City shall make a $25,000 security deposit to Collier County within four calendar days of the issuance of the sequestration order for the tabulation component and an additional $25,000 if voting units are involved. The unused balance on the security deposit shall be returned to the City when the legal matter has beentresolved and the equipment has been returned. '- Revised November 2005 5 Agenda Item No. 16J3 January 10, 2006 Page 7 of 9 31. The City shall arrange for candidates, candidate supporters, and members of the press to congregate and await election results in some public1y accessible meeting area such as the County Commission meeting room, City Hall, or other comparable location. Candidates only may be given tours of parts of the secured areas of the Elections Office. The City Canvassing Board, its precinct election workers, its election night workers, and the Elections employee designated with custodial supervision of the facility for the day will be admitted to the secured area for processing. 32. This Agreement shall be valid only for the City election held February 7, 2006. 33. In the event any part of this Agreement is determined to be unenforceable by a court of competent jurisdiction, said ruling shaH not invalidate the remaining parts of the Agreement. IN WITNESS WHEREOF, the parties hereto authorize this Agreement, consisting of seven consecutively numbered pages induding a one page "Exhibit A", and affix their hand and seal this ;lJ~r day of /)t.C~I?1~ , 2005 by the City Council of the City of Naples and this _ day of , 2005 by the Collier County Board of County Commissioners and the Supervisor of Elections of Collier County. ATTEST: Dwight E. Brock, Clerk Collier County Board of County Commissioners , Deputy Clerk Fred W. Coyle, Chairman App.roved as to form and legal sufficiency for e C u y: ATIEST: - ;~á' é>b?1h-v-- Tara NOIman, ctty Clerk --- City of Naples Approved as to form and legal sufficiency for the City: /:J . 1--- '7'\ (-) k"c,A II (.) 'J/\1} Robert Pritt, City of Naples Attorney Revised November 2005 6 Agenda Item No. 16J3 January 10, 2006 Page 8 of 9 Exhibit A Collier County, Florida s.19.1 SECURITY PROCEDURES for Stand Alone Municipal Elections (not scheduled concurrenlly with state/county dates or mail ballot elections) 1. The Elections Office will advertise the registration book closing. 2. The Elections office will provide the City with a precinct-by-precinct demographics report within seven days of registration book closing. 3. On the 6th day preceding Election Day. the Elections Office will run the computer sort to produce precinct registers for use by the City (not required for mail ballot election). 4. If the City leases the County's voting equipment (not supplies), permission must be obtained from both the Board of County Commissioners and the Supervisor of Elections for each election date. The County shall not be required to provide equipment it does not have. 5. The County shall arrange to pick up the leased equipment and deliver it to their polling place(s). 6. The City shall return leased County equipment to the Elections Office no later then the day after the election. The equipment shall be in the same condition as when it was received by the city. 7. The Elections Office will, prior to the canvass of votes, provide all absentee services for the absentee ballots received by the Elections Office and the City Clerks office. The Supervisor will verify signatures. 8. If the City leases the County's ballot tabulation system, only the Supervisor of Elections Security Procedures for building and system access shall apply. The City shall be responsible for all other security measures for its procedures and supplies. 9. The Elections Office shall retain the precinct register(s) for twenty-two (22) months. 10. All candidate information, amendments, and referendums must be submitted to the Supervisor of Elections no later than the 46th day prior to the Election, the last day of qualifying. All audio files with tape recorded spoken name of candidate will be made available to the Election Systems and Software at the same time. The Supervisor of Elections will invoice The City of Naples all costs of the audio ballot. 11. Elections costs shall include, but not be limited to expenditures for all paper supplies including envelopes, instructions to voters, affidavits, precinct registers, reports, ballots, postage, notices to voters, advertisements, testing of equipment, sample ballots, data processing time and supplies. delivery and pick up of equipment, records retention and labor costs, including those costs uniquely associated with absentee ballot preparatíon and canvassing. These costs will be the responsibility of the County and billed to the City. This agreement does not include the cost of early voting equipment or costs associated with early voting. 12. Cost of Poll Workers, field election deputies (feds), and polling locations shall be the responsibility of the City and paid directly by the City. Revised November 2005 7 COLLIER COUNTY Agenda Item No. 16J3 January 10, 2006 Page 9 of 9 BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16J3 Meeting Date: Approve the Interlocal Agreement for Election Services which leases the County owned voting machines to the City of Naples for use in the City's February 7, 2006 election, and to authorize the execution of this agreement by the Chairman of the Board of County Commissioners. 1/10/20069:00:00 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 1/4/20064:13 PM Agenda Item No. 16K1 January 10, 2006 Page 1 of 2 Executive SUmmary Recommendation that the Board of County Commissioners Authorize the County Attorney's Office to Make a Business Damage Offer to Settle a Claim for Business Damages by Work-A- Holics Landscape Management, Inc. resulting from the Acquisition of Parcels 103A, 103B, 103C, 103D, 103E and 703 in the Case Styled Collier County v. Cullen Z. Walker, et al., Case No. 05-0728-CA (Logan Boulevard Project #60166) (Fiscal Impact, if accepted is $550,0(0) OBJECTIVE: Authorize the County Attorney's Office to make an offer to settle a claim for business damages associated with the acquisition of Parcels 103A-E and 703 in the case styled Collier County v. Cullen Z. Walker, et al., Case No. 05-0728-CA. CONSIDERA TIONS: A Stipulated Order of Taking was entered on September 7, 2005 in Collier County Circuit Court regarding the acquisition of Parcels 103A, 103B, 103C, 103D, 103E and 703 for the Logan Boulevard Project. On September 15, 2005, the County deposited with the Court the good faith estimate of value in the amount of $4,101,100.00 for the aforementioned parcels in accordance with the Stipulated Order of Taking. On August 24, 2005, the County received a business damage claim in an amount ranging from $1,900,352.00 to $8,723,700.00 on behalf of Respondent, Work-A-Holics Landscape Management, Inc. Pursuant to Statute, the County must respond within 120 days. The County has retained an outside expert for purposes of evaluating the business damage claim and recommends, based on that expert's review, that an offer be made in the amount of $550,000. FISCAL IMP ACT: Funds in the amount of $550,000 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. authorize the County Attorney's Office to make a business damage offer pursuant to Statute; 2. approve the expenditure of the funds as stated, in the event such offer is accepted; and 3. direct the County Attorney's Office to prepare a settlement reflecting resolution of the business damage claim in this case, if the offer is accepted. - PREPARED BY: Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No, 16K1 January 10, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS i6K1 Recommendation that the Board of Counly CommissIOners Authorize the County Attorney's Office to Make a Business Damage Offer to Settle e Claim for Business Damages by Work~ A-Holies Landscape Management, Inc. resulting from the Acquisition of Parcels 103A, 1038, 103C, 1030, 103E and 703 in the Case Styled Collier County v. Cullen Z. Walker, et al Case No. 05~0728~CA (Logfln Boulevard Project #60166) (Fiscallmpac1, i' accepted. is $550,000) 1/10/2006900'00 AM Assistant County Attorney Date Prepared By Ellen T. Chadwell County Attorney County Attorney Office 12/15/20058:56:13 AM Kevin Hendricks Rîght Of Way Acquisition Manager Date Approv~d By Transponation Services TECM-ROW 12'16/20051:12 PM Usa Taylor Management/Budget Analyst Da.. Approved By Transportation Services Transportation Administration 12119/2006 10:46 AM Approved By Najafi Ahmad Transportation Services Date Director Transportation Engineering & Construction Management 1 2/19/2005 11 :01 AM Norm E. ~der, AICP Transportation Division Administrator Date Approved By Transportation SefVÎces Transportation Services Admin. 12/19/20051:55 PM Sharon Newman Ac.counting Supervisor Date ApproYl"d By Transportation Servi(;ßs Transp<>nl:ltion Services Admin 12/19/20061 :69 PM Approved By Oa....id C. Weigel County Attorney County Attorney Date County Attorney Office 12128/20054:43 PM Approved By Senior ManagementIBudget Analyst Da.. Susan Usher County Manager's Office Office of Management & Budget 12/29/20052:43 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 12/30/20069:21 AM Agenda Item No. 16K2 January 10, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Offer of Judgment in the amount of $53,130.00 as to Parcels 115 & 715 in the lawsuit styled Collier County v. Rafael Liy, et aI., Case No. 05-752-CA (Collier Blvd. Project No. 65061). (Fiscal Impact $13,970.55, if offer accepted) OBJECTIVE: That the Board of County Commissioners approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Rafael Liy ("Respondent"), in the amount of$53,130.00, as full compensation, exclusive of attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel Nos. 115 and 715 in Collier County v. Rafael Liy, et al., Case No. 05-752-CA (Collier Blvd. Project No. 65061). ,t'- CONSIDERATIONS: On September 15,2005, Collier County deposited $46,200.00 into the Court Registry and acquired title to Parcels 115 and 715 in accordance with the Order of Taking entered on September 7, 2005. The County Attorney's Office would like to make an Offer of Judgment in the amount of $53,130.00, as full compensation for the property taken, exclusive of attorney's fees and costs. See attachment. The making of the Offer will require Respondent to carefully assess his claim within 30 days. If the offer is rejected and Respondent fails to recover more than $53,130.00 through settlement or jury verdict, the County will not be required to pay any costs, including appraisal and other expert fees, incurred by Respondent after the date of the offer's rejection. Should the Respondent accept, the County will be required to pay as follows: . Additional Compensation for Parcel . Statutory Attorney's Fees* TOTAL COST: $ 6,930.00 $ 7.040.55 $13,970.55 * Attorney's Fees are mandated by § 73.092, F.S., and are based on 33% of the difference between settlement amount and the initial offer, i.e., 0.33 X ($53,130 - $31,795). FISCAL IMPACT: Funds in the amount of $13,970.55 are available in the FY 06 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and authorize service of the Offer of Judgment; 2. Approve the expenditure of funds as stated, if the offer is accepted; 3. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the offer is accepted. ~ PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No. 16K2 January 10. 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K2 Recommendation to approve the Offer of Judgrnent in the amount of $53,130.00 as to Parcei~ 1'15 & 715 jn the lawsuit styled Collier County v. Rafael Liy, et al., CRse No 05-752~ CA (Collier Blvd. Project No 65061). íFiscallmpact $13,97055, if offer accepted) 1/10120069:0000 AM Assistant County Attorney Date Prepared By Ellen T. Chadwell County Attorney County Attorney Offic.e 12/12/20059:48:18 AM Norm E. Feder, AICP Transportation Divísion Administrator Date Approved By Transportation Services Transportation Services Admin, 12/14/20054:40 PM Kevin Hendricks Ríght Of Way Acquisition Manager Date Approved By Transportation Servic.es TECM-ROW 12116/20051:13 PM Lisa Taylor Management/Budget Analyst Date Approved B)' Transportation ServÎces Transportation Adminístration 12/19/200510:49 AM Najel1 Ahmad Date Approved By Transportation Services Director Transportation Engineering It. Construction Management 12/19/200511:04 AM Sharon Newman Acc.ounting Supervisor Date Approved By TransportatIon Services Transportation S.ervices Admin 12'19120052:12 PM Ellen T. Chadwell Assistant County Attorney Date Approved By County Attorney County Attorney Office 12/19/20056:10 PM Approved By David C. Weigel County Attorney County Attorney Date County Attorney Office 12/28/20054:44 PM Susan Usher Senior Management/Budget Analyst Date A pproved By County Manager's Office Office of Manag-ement & Budget 12/29'2005 2:49 PM Approved By County Manager Date JamesV. Mudd Board or County Conunïssioners County Manager's Office 12130/200511:01 AM Agenda Item No. 16K2 January 10, 2006 Page 3 of 4 IN THE CIRCUIT COURT OF HE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COL IER COUNTY, FLORIDA CI IL ACTION COLLIER COUNTY, FLORIDA, a polític subdivision of the State of Florida, Petitioner, Case No. 05-752-CA-TB v. Parcel Nos.: 115, 715 RAFAEL LIY, et aI., Respondents. / TO: Rafael Liy c/o Ellen J. Neil, Esquire Gaylord, Merlin, Ludovici, Diaz & P.O. Box 569 Boca Grande, FL 33921 F JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does he by make this binding offer of judgment in this action to the Respondent, RAFAEL LIY, for all c mpensation, including severance damages, business I damages, costs to cure, together with the falue of the taking, statutory interest, and any other claims of Respondent, RAFAEL LIY, arising out of the taking of Parcels 115 and 715, in the total amount of Fifty- Three Thousan One Hundred Thirty and No/tOO Dollars ($53,130.00), for Parcels 115 and 715, lich includes the amount of $46,200.00 deposited pursuant to the Order of Tiling dated sePte~ber 7. 2005. There are no other non-monetary teþns or other relevant conditions to this offer except that this offer does not include attorney's fets and costs. i I I ! i ---_._.~._-- Agenda Item No. 16K2 January 10, 2006 Page 4 of 4 The construction plans and Specific+¡OnS for the project on which the offer is based have been previously and continue to be availabl~ for the Respondent's review upon reasonable notice Dated this I I day of January, 2~06. I I OFFICE OF THE COUNTY A TIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile of such a request. BY' ~ . ELLEN T. CHADWELL, ESQU1R )J,J Florida Bar No. 0983860 A TIORNEY FOR PETITIONER 2 Agenda Item No. 16K3 January 10, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Offer of Judgment in the amount of $37,605.00 as to Parcels 122 & 722 in the lawsuit styled Collier County v. Gulfstream Homes, Inc" et af., Case No, 05-758-CA (Collier Blvd. Project No. 65061). (Fiscal Impact $7,827.15, if offer accepted) OBJECTIVE: That the Board of County Commissioners approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Gulfstream Homes, Inc. ("Respondent"), in the amount of $37,605.00, as full compensation, exclusive of attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel Nos. 122 and 722 in Collier County v. Gulfstream Homes, Inc., et a!., Case No. 05-758-CA (Collier Blvd. Project No. 65061). ,........'., CONSIDERATIONS: On September 15, 2005, Collier County deposited $32,700.00 into the Court Registry and acquired title to Parcels 122 and 722 in accordance with the Order of Taking entered on September 7, 2005. The County Attorney's Office would like to make an Offer of Judgment in the amount of $37,605.00, as full compensation for the property taken, exclusive of attorney's fees and costs. See attachment. The making of the Offer will require Respondent to carefully assess its claim within 30 days. If the offer is rejected and Respondent fails to recover more than $37,605.00 through settlement or jury verdict, the County will not be required to pay any costs, including appraisal and other expert fees, incurred by Respondent after the date of the offer's rejection. Should the Respondent accept, the County will be required to pay as follows: . Additional Compensation for Parcel . Statutory Attorney's Fees* TOTAL COST: $ 4,905.00 $ 2,922.15 $ 7,827.15 * Attorney's Fees are mandated by § 73.092, F.S., and are based on 33% of the difference between settlement amount and the initial offer, i.e., 0.33 X ($37,605 - $28,750). FISCAL IMPACT: Funds in the amount of $7,827.15 are available in the FY 06 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and authorize service of the Offer of Judgment; 2. Approve the expenditure of funds as stated, if the offer is accepted; 3. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the offer is accepted. ,",'.'" PREPARED BY: Ellen T. Chadwell, Assistant County Attorney . Item Number: Item Summa ry: Meeting Date: Agenda Item No. 16K3 January 10, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommendation to approve the Offer of Judgment In the amount of $37,6D5.00 as to Parcels 122 & 722 in the lawsuit styled Collier County v. Gulfstream Homes, Inc., et aI., Case No. 05~ 758~CA (Collier Blvd. Project No. 65061). {Fiscal Impact $7,827. 15, if offer accepted) 111012006900'00 AM Assistant County At10rney Date Prepared By Ellen T. Chadwell County Attorney County Attorney Office 12/12/20059:56:45 AM Norm E. Feder. AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 12/14/20054:41 PM Kevin Hendnc.ks Right Of Way Acquisition Manager Da.. Approved By Transportation Services TECM-ROW 12116/20051:13 PM Lisa Taylor Management/Budget Analyst Date Approved By Transportatìon ServÎces Transportation Admìnistratíon 12/19/200510:50 AM Najeh Ahmad Date Approved By Transportation Serviceß Director Transportation Engineering & Construction Management 12/19/2005 11 :05 AM Approved By Ac.counting Supervisor Date Sharon Newman Transportation Services Transportation Services Admin 1 2119/2005 2: 14 PM Ellen T. Chadwoll Assistant County Attorney Date Approved By C ounfy Attomey County Attorney Office 12119120056;11 PM David C. Weigel Co\mty A1tomey Date Approved By County Attorney county Attorney Office 12(28/20054:46 PM Susan Usher Senior ManagementlSudget A.nalyst Da" Approved By County Manager's Office Office of Management & Budget 12/29/20056:02 PM Approved By County Manager Date James V. Mudd Board of county Commissioners County Manager'$ Office 12-130/200511 :41 AM Agenda Item No. 16K3 January 10, 2006 Page 3 of 4 IN THE CIRCillT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 05-758-CA-TB v. Parcel Nos.: 122, 722 GULFSTREAM HOMES, INe., et aI., Respondents. / OFFER OF JUDGMENT TO: Gulfstream Homes, Inc. c/o MelviIJe G. Brinson, ITI, Esq. ADAMS FEICHTHALER & BRINSON P.O. Box 690 St. James City, FL 33956 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does her by make this binding offer of judgment in this action to the Respondent, GULFSTREAM HO S, INC., for all compensation, including severance damages, business damages, costs to cur , together with the value of the taking, statutory interest, and any other claims of Responden , GULFSTREAM HOMES, INC., arising out of the taking of Parcels 122 and 722, in the total amount of Thirty-Seven Thousand Six Hundred Five and No/IOO Dollars ($37,605.00), fo Parcels 122 and 722, which includes the amount of $32,700.00 deposited pursuant to the Order f Taking dated September 7,2005. There are no other non-monetary te s or other relevant conditions to this offer except that this offer does not include attorney's fe s and costs. <6..;'.--. ,. ----.-. Agenda Item No. 16K3 January 10, 2006 Page 4 of 4 The construction plans and specific ions for the project on which the offer is based have been previously and continue to be availabl for the Respondent's review upon reasonable notice Dated this of such a request. OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building 3301 East Tamiarni Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ~ ELLEN T. CHADWELL, ESQU Florida Bar No. 09838 . A TIORNEY FOR PETITIONER 2 -- -"-'".-"'''--''''..'----~ >, . ,.._--"'----.- Agenda Item No. 17 A January 10, 2006 Page 1 of 69 EXECUTIVE SUMMARY CU-2005-AR-7749, Living Word Family Church, represented by Laura Spurgeon, AICP, of Johnson Engineering, requests a Conditional Use for a religious facility to be operated in the Rural Agricultural-Mobile Home Overlay (A-MHO) zoning district, pursuant to Section 2.04.03, Table 2, of the Collier County Land Development Code. The property to be considered for the Conditional Use is located approximately 2 ~ miles east of CR 951, on the south side of Immokalee Road (CR 846), in Section 30, Township 48 South, Range 27 East, Collier County, Florida. This property consists of 18.1± 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 (CCPe) regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERATIONS: The petitioner seeks a Conditional Use to pennit a religious facility in the Rural Agricultural- Mobile Home Overlay (A-MHO) zoning district. The subject site is an undeveloped 18.1± acre parcel located approximately 2 \h miles east of Collier Boulevard (CR 951), on the south side of lmmokalee Road (CR 846). The applicant indicates that two buildings are planned. One is a 25,000 square foot worship center, and the other is a two-story, 10,000 square foot ministry building. Access to the site will initially be from lmmokalee Road. An egress point on the west side of the site may be provided in the future if necessary. The required preserve will be located on the north side of the property with an additional preserve area provided on the south side of the site. The buildings will be served by well water and septic waste treatment until public utilities are available to the site. A well site to be located in the southeast comer of the property will be dedicated to the Collier County Public Utilities Division at their request during site development plan review. FISCAL IMPACT: This Conditional Use will have no fiscal impact on Collier County. However, further development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. Please note that the inclusion of this information is for infonnational purposes only and is not included in the criteria used by Staff and the Planning Commission to analyze this petition. ....-.., Page 1 of 2 Agenda Item No. 17 A January 10, 2006 Page 2 of 69 GROWTH MANAGEMENT CONSISTENCY: The Comprehensive Planning Department has reviewed the proposed Conditional Use and found it to be consistent with the Future Land Use Element of the Collier County Growth Management Plan. The subject property is located in the Agricultural/Rural - Rural Fringe Mixed Use District, Receiving Lands. Community facilities, such as religious facilities, are permitted in this district. Approval of this Conditional Use will not affect or change the requirements of the Growth Management Plan. ENVIRONMENT AL ISSUES: The environmental staffs analysis indicates that the proposed Conditional Use is consistent with the Conservation and Coastal Management Element of the Collier County Growth Management Plan. In addition, the Future Land Use Element requires that forty percent of the native vegetation onsite must be preserved. The preserve area shown on the conceptual site plan on the north side of the subject property meets the required acreage. An additional preserve is located on the southern portion of the site. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC reviewed the petition at the November 2, 2005 meeting and recommended approval. - COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the December 1, 2005 CCPC meeting. The Commission motioned to forward petition CU-2005-AR-7749 to the Board of Zoning Appeals (BZA) with a recommendation of APPROVAL, subject to the conditions attached to the resolution. The motion passed 7-0. Since no one has objected to this project, this petition has been placed on the summary agenda. STAFF RECOMMENDATION: Staff has recommended approval subject to the conditions attached to the Resolution. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review Executive summary/CU-2005-AR-7749 ~' Page 2 of 2 Item Number. Item Summary: Meeting Date: Af)enda Item No 17A Januarv 10. 2006 Pàge 3 of 69 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A This item requires that all participants be sworn in and ex parte dIsclosure be provided by Commission members. CU-2005-AR-7749: Living Word Family Church, represented by Laura Spurgeon, AICP of Johnson Engineering is requesting a Conditional Use pursuant to Section 2.04,03 (Table 2) of the Collier County Land Development Code (LOG) for the property to be used for a Church Facility in the Rural Agricultural (A) zoning d!stnct. The subject property. consisting of 18.1 acres, is located on the south side of Immokalee Road, approximately 2 1/2 miles east of CR 951 in Section 30, Township 48 South, Range 27 East. Collier County, Florida 1110/20069:00:00 AM Principal Plant1er Date Prepared By Heidi Williams Community Development & Environmental Services Zoning & Land Development Review 12/12/2005 5:56:06 PM Jeff Klatzkow Assistant County Attorney Date Apprond By County Attorney Coun1y Attorney Office 12./13/2005 11 :1£ AM Sandra Lea Dale Approved By Community Development & Environmental Services Exec.utive Secretary Community Development & Environmental Services Admin. 12/13/200511:27 AM Donald L. Scott Transportation Planning Director Date Approved By Transportation Services Transportation Planning 12/14/200510:13 AM Norm E. Feder. AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 12/15/20068:07 AM Approved By Date Constance A. Johnson Operations Analyst Community Development & Community Development & Environmental Services Environmental Services Admin. 12/15/20058:20 AM Ray Bellows Chief Planner Dale Approved By Community Development & Environmental Services Zoning & Land Development Review 12/1512005 10:50 AM Zoning & Land Development Director Date Approved By Susan Murray. AICP community Development & Environmental Services Zoning & Land Development Review 12/20/20058,2& AM Approved By Date Joseph 1<. Sctmlih Community Development & Enviromnental Services Community Development & Environrnen1al Services Adminstra10r Community Development & Environmental Services Admin, 12121120057:01 PM OMS Coordinator Adminìstrative Assistant Date Approved By County Manager's Office Office of Management & Budge1 12/22120059:34 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 12122/2005 11 :28 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 12/27/20054:01 PM Approved By County Manager Date James V. Mudd Board of County Commissioners County Manager's Office 12/28/2005 2:22 PM ---- --~~--- AG~p\j1illE:M1 ~6: 17 A January 10, 2006 Page 4 of 69 cJtITCou.nty ~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 1,2005 SUBJECT: PETITION CU-2005-AR-7749, LIVING WORD FAMILY CHURCH PROPERTY OWNER/AGENT: OWNER: Living Word Family Church 521 West Street Naples, FL 34108 AGENT: Laura Spurgeon Johnson Engineering, Inc. 2350 Stanford Court Naples, FL 34112 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) review a Conditional Use application for a religious facility to be operated within the Rural Agricultural-Mobile Home Overlay (A- MHO) zoning district, pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code on an 18.1± acre site. GEOGRAPIDC LOCATION: The subject property is located approximately 1 ~ miles east of C.R. 951, on the south side of Immokalee Road. The site is located in Section 30, Township 48 South, Range 27 East, Collier County, Florida. CU-2005-AR-77 49 December 1, 2005 Page 1 of 8 «<DO') r--O<D 4õ 'LD ) <"""0) E>.OJ '- ro 0) roD.. 1:::::¡ roi:: "Oro i::-:> (1) 0') « '08 331 D- « ~ w ~ I- - ¡¡ ! en § i ~ ~ II ~= o ~~ I >- I- Z ::J 0 .- u " w w -' .-- OL .... / "'I:- - -....,.,.- ~ t .~! I e 5~ !!i! I ; ~~ ::¡i~ I! ~ 5" .;~ I ~e ~ e 52 . i! I ~Ii P 59 "i~ I !! !! ~ :! f t I I r;¡ II e 5. ~ ~. I! '" ¡ n ~ i I I g t Hi~ I :!: :3 d II --- ØI ""'" ,... ,... , a: < , In 0 0 N , ::;) 0 .. z 0 l- I- W D.. D- « ~ z 0 - I- <C t) I 0 ....J Š I -------> Agenda Item No. 17 A January 10, 2006 Page 6 of 69 The petitioner seeks a Conditional Use pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code (LDC) for a religious facility containing a 10,000 square foot ministry building and a 25,000 square foot worship center, which is located within the Rural Agricultural-Mobile Home Overlay (A-MHO) zoning district, on an 18.1± acre site. The conceptual site plan (Exhibit B) indicates the applicant intends to construct two buildings onsite for services and meetings, with ingress/egress from Immokalee Road, and a potential future egress to the west. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: SURROUNDING: North: East: South: West: Undeveloped, zoned A-MHO PUD A-MHO A-MHO A-MHO Future residential/golf course Undeveloped land Undeveloped land Undeveloped land, landscape company ZONING ATLAS MAP CANAL ¡;¡; ROAD C.R. 6i-6} 0 ?Q lL .,1 I ~ I I aulO I .9 ..J - I ~ SUBJECT - ~ PROPERTY I I - ,.2.500 .- ¡-- A· HO I I I I~ ~ . 1.& ~. \ 1: 11111 I I I CU-2005-AR-7749 December 1, 2005 Page 3 of 8 Agenda Item No. 17A January 10, 2006 Page 7 of 69 GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staffhas reviewed this request and offered the following comments: Future Land Use Element: The subject property is designated AgriculturallRural - Rural Fringe Mixed Use District, Receiving Lands, as identified on the Future Land Use Map ofthe Growth Management Plan. The RFMUD provides a transition between the Urban and Estates designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. A mixture of urban and rural level of services for residents within the District is allowed. RFMUD lands designated as Receiving Lands are the most appropriate for development and to where residential development units may be transferred from areas designated as Sending Lands. The RFMUD allows for community facilities on Receiving Lands, including places of worship. Additionally, the Collier County Land Development Code indicates that places of worship are allowed in the RFMUD Receiving Lands by conditional use. In an effort to support the Community Character Plan for Collier County, the Future Land Use Element was amended to include Objective 7. Policy 7.1 "encourages developers and property owners to connect their properties to fronting collector and arterial roads." The Living Word Family Church conceptual site plan demonstrates consistency with this policy by proposing access via Immokalee Road. Policy 7.3 encourages "all new and existing developments to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless ofland use type." The subject property is bordered to the west and east by undeveloped parcels and single-family homes; to the south, by a single-family home; and to the north, by Immokalee Road. Interconnection points with these privately held parcels might not be practical. FLUE Policy 5.4 requires that all new developments be compatible with and complimentary to the surrounding land uses. Comprehensive Planning leaves this detennination to the Zoning & Land Development Review staff as part of their review of the petition in its totality. Based upon the above analysis, staff concludes the proposed conditional use may be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: Environmental Review staff supplied the following analysis of the petition: The property lies within the Rural Fringe Mixed Use-Receiving Lands designation of the Collier County Future Land Use Map. Since the subject property is less than 20.0± acres, a minimum of 40 percent of the native vegetation (not to exceed 25% of the total site) will be preserved. The standard is in accordance with the vegetation preservation and retention standards for the community facility development and mixed use development. Minimum Retained Native Vegetation Requirement (Total Site Acreage X 25%) = 18.37 X 0.25 = 4.59. GU-2005-AR-7749 December 1,2005 Page 4 of 8 Aaenda Item No. 17 A ~ January 10, 2006 Page 8 of 69 The applicant is providing a total of 6.90 acres for Preserve, including 4.59 acres on the north end and 2.31 acres on the south end. In accordance with the GMP and LDC, the minimum acreage of 4.59 will be provided in the largest contiguous area (at the north end of the property). The remaining 2.31 acres will consist of .19 acres of re-created preserve. The .19 acres is currently a facility belonging to the adjacent property owners to the southeast of the property. The adjacent landowners are aware of the encroachment of the facility onto this site and will remove associated structures prior to development. There are no known off-site preserves and therefore there are no connectivity issues. Policy 6.1.1 and 6.1.2 Forty percent preservation of native vegetation, not to exceed 25 percent of the site will be accomplished on site. Policy 6.1.4 All invasive exotic vegetation will be removed from the project site during the development process. The site will be maintained for invasive exotic species in accordance with permit conditions in perpetuity. Policy 6.1.7 Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal and will be required to meet the minimum planting area requirement in Policy 6.1.7. Existing native vegetation shall be retained in landscape buffer areas. Policy 6.2.1 The wetland jurisdictional determination has not been verified by SFWMD staff at this time, and will be verified during the ERP process. Because of past hydrologic alterations adjacent to the site, it is anticipated the site has experienced a reduced hydro period. Digital piezometers have been installed to record current hydrologic data. This data will playa vital role in the ultimate wetland jurisdictional determination process with SFWMD staff. Policy 6.2.3 The proposed project will preserve approximately 36% of wetlands located onsite. A total of 5.40 acres of wetlands shall be maintained within conservation easements pursuant to USACOE standards. Policy 6.2.5 The project will be reviewed by SFWMD and USACE for impacts to wetlands during the ERP process. Policy 6.2.6 The conceptual site plan identifies the preservation areas that will be subject to conservation easements. USACE standards will be applied to the conservation easements. Uses that are harmful to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation will be prohibited in preserve areas. The project as proposed is found to be consistent with the Policies and Objectives of the Conservation and Coastal Management Element. CU-2005-AR-7749 December 1,2005 Page 5 of 8 Agenda Item No. 17 A January 10, 2006 Page 9 of 69 Transportation Element: The Transportation Services Department has reviewed this petition and has detennined that the site generated trips are consistent with policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Planning Commission must make fmdings (Exhibit "A") 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 has been deemed consistent with the Growth Management Plan (GMP). If approved, this project will be in compliance with the LDC. The project will be required to undergo the site development plan review process to ensure compliance. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will be provided through one entrance onto Immokalee Road. An additional entrance may be provided to the local road to the west. During site development review, adequate measures will be required to ensure safe travel conditions for vehicles, emergency vehicles and pedestrians. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare~ economic or odor effects. If approved, the proposed use should have minimal impact on neighboring properties in relation to noise, glare, economic or odor effects. The proposed facility intends to hold services a couple times per week and will have minimum impact on the surrounding area. Additionally, there will be two areas dedicated for preserve, as well as the required landscape buffering. . 4. Compatibility with adjacent properties and other property in the district. The proposed religious facility is compatible with the surrounding area. The immediately adjacent properties are utilized for agricultural uses, single-family residences or are undeveloped. There are other religious facilities that have been previously approved in this nearby as well. CU-2005-AR-7749 December 1, 2005 Page 6 of 8 Agenda Item No. 17 A January 10, 2006 Page 10 of 69 Based on the information provided, it appears as if the proposed Conditional Use IS an appropriate use of the subject site. EAC RECOMMENDATION: The Environmental Advisory Council reviewed this petition on November 2, 2005. The Council voted unanimously to recommend approval of the requested conditional use. The main concerns discussed were in regards to pesticides entering the waterways and water flow across the site and in the general area. NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant held the required meeting on August 2, 2005, at 6:00 p.m. at St. Paul Antiochian Orthodox Church located at 2421 Rivers Road, Naples. There was one public attendee in addition to the applicant's team and County staff. The applicant was asked if a daycare facility is part of the proposed plan for the church and the applicant responded that "no daycare facility is planned now or in the future". There were no objections stated to the proposed conditional use petition and development. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2005-AR-7749 to the Board of Zoning Appeals, with the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Living Word Family Church Conceptual Site Plan," prepared by Johnson Engineering, dated May 20, 2005. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. 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, so long as these minor changes remain consistent with all applicable development standards. 2. 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 04-41, as amended. 3. The project must obtain an environmental resource permit from the South Florida Water Management District (SFWMD) prior to issuance of any site plan approvals. CU-2005-AR-7749 December 1, 2005 Page 7 of 8 Agenda Item No. 17 A January 10, 2006 Page 11 of 69 PREP ARED BY: HE::1kn~cœ~ PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW If /;<t /ós DATE REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE YMOND V. BELLOWS, MANAGE DEPARTMENT OF ZONING AND L II þl/oÓ 'DATE USAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW I/l~I/a5 ATE APPROVED BY: // þ~/~- K. SCHMI ADMINISTRATOR ( DAtE ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: ~ P ;1áh MARK P. S , CHAIRMAN tZ-- I-OS DATE Tentatively scheduled for the January 10, 2005 Board of County Commissioners Meeting Attachments: A. Findings of Fact B. Conceptual Site Plan CU-2005-AR-7749 December 1, 2005 Page 8 of 8 Agenda Item No. 17 A January 10, 2006 Page 12 of 69 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: CHAIRMAN: EXHIBIT A Agenda Item No. 17 A January 10, 2006 Page 13 of 69 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2005-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: MEMBER: EXHIBIT A «CDO'J r--Oí.D ..,-O~ ,N 0 o -'<j' Z;?..- E>,Q) ()....OJ _cuco -:::ILL cue: ücu e:'J () OJ « N g ~ rI) ~Ø\= :;: <t!~U')< ..r;-~~:s =~~~..J ~.ht)~i ==r;5 ..... ;:¡="'¡;¡¡¡e rIl~"'I'O~~ ;;q~ - Uø.._ c:o ... :E :.2 >( ~ -- NVìd 3l.IS W[)l.d3:)NO:J H;)W1HJ Å 1IWV,,¡ cnrOA\ DNIA.Iì .001 - .1 ~ .DDl ~ t "" nil '.-, If 't." on Dtt'6-t-{"to (Itz:) x...... crro-.r.. (Kt) JNOWd ZIIK YCIIIIfU 'rndWN 1¡1"IO:J OYJ......J.S oça 9NUI33NI9N3 NG)SNHOf ~ ~ .; ". :!>;! ~~J -r--/ - rv ~~ I ~~ r. I c· , ,/ I ~ w ~ ~ ~ I a . . .¡ .. d . I . . :/ . ~ II ¡ : II I ~hdi §iiH! .O~D[] _..~~.. .~_." .._n· ..~: \iOIè:jOlj 'A1NnOJ tJ31ll0J : :.~ ; ...- ......... ...._... ..--.. .- I ' I I !i !II!; ;. r~ ~ II O'<fO~ 331V)l01'I1'I1: ~ I lL- I Jm ... .:: ïii ;;1 :1.. ,,:/ ,,~:/:/ ~a .~I~ -.. d o;! <II ~ , g d IH Ii COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 17 A January 10, 2006 2800 NORTH HORSESHOE DI8U 15 of 69 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 , . _,. 0-- .__________ ---- - -. .--- - - .- PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER CU-2005-AR-7749 PROJECT # 2005020062 DATE: 6/3/05 HEIDI WILLIAMS ABOVE TO 8E COMPLETED 8Y STAff NAME OF APPLlCANT(S) LIVING WORD FAMILY CHURCH ADDRESS 521 WEST STREET CITY NAPLES TELEPHONE # 239-596-0446 CELL # E-MAIL ADDRESS:ABLAIR@NAPLESCHURCH.COM STATE FL ZIP 34108 FAX # 239-591-1459 NAME OF AGENT LAURA SPURGEON FIRM JOHNSON ENGINEERING, INC, ADDRESS 2350 5T AN FORD COURT CITY NAPLES TELEPHONE # 239-434-0333 CELL # E-MAIL ADDRESS:LSPURGEON@JOHN50NENG.COM STATE FAX # FL ZIP 34112 239-434-9320 . .......... .- .... ....,...... .... ,.--..... -," ..... ,.'., .-','" ,,' ·.::~1:::~;~~:;~~:~:'~l:'.'· APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, ,ev 9/20/04 tL. " ··,·.._",:,"~~I.~~:;:~E.;I~l~..'·.¿ Agenda Item No. 17 A January 10, 2006 ......_:~"".~.~.. ':~r""'V'i ...."'.,.."'.<'."="..,.,._.,.,.''''c,,.~.:: ~'~:J::f ,.- _ ' -,' .' . ,....,.-':_':-..,........ -",,' ",: ,~. '- < . ~ _''- "',<,',_,;.;.' ,".. '", -:':1:,_...... _.. "'.'>', - _ . .... ,;-.-,-_. , ,:,,,_>;.,._.,_r.,.,,_: . < c _ ,'.:,.. .', . ~:'. ," .:, :' :t: " ,. - . "-,'-''¡.' -' .'- :'.' -,,' - .,' . '. . ',. . . - -. . .\;,.:>/;.; - - :;,..~., .,...j ~00t'!;Ìr;.;-,.~".,'..~:~ ¡,(....i- - - ~..,;;i::..>--~\:.:i.!'.....,: -;"-·Y:b.--;.,::""_:,:~~~~::..<;:_;:./::.: ',,:>:..,,':; Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIA nON: MAILING ADDRESS CITY STATE ZIP 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 Linda NeH 75% 18574 S.W. 292 Street Homestead, Florida 33030 Joan Goodniaht P.O. 80x 50984 Tice, Florida 33994 25% APPLICATION FOR PUBLIC HEÄRING FOR CONDITIONÄL USE - 4/14/03, rev 9/20/04 Agenda Item No. 17 A b. If the property is owned by a CORPORATION, list the oRicers and stocldiolder51 ~rtdJ06 the percentage of stock owned by each. Page 17 of 69 Name and Address Percentage of Ownership 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 Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. APPLICATION FOR PU8LIC HEARING FOR CONDIT/ONAL USE - 4/14/03, rev 9/20/04 Name and Address Agenda Item No. 17 A Percentage of Ownersl1lpjanuary 10, 2006 Page 18 of 69 Livin9 Word Family Church Inc. 521 West Street Naples, Florida 34108 Pastor Paul Foslien 100% Date of Contract: 12/23/04 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 subiect property acquired D leased D Term of lease yrs·fmos. If, Petitioner has option to buy, indicate the following: Date of option: 12/23/04 Date option terminates: . or Anticipated closing date June 20. 2005 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. I~,.. 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 %onlng distrld, include separate legal description for property involved in each distrid, 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. APPLICATION FOR PUBLIC HEARING fOR CONDITIONAL USE - 4/14/03, rev 9/20/04 , , Agenda Item No. 17 A NOTE: The applicant is responsible for supplying the corred legal description. If questions aru.-o.,e)fJi.06 the legal description, an engineer's certification or sealed survey may be required. Page 19 of 69 Sedion/Township/Range Lot: Block: 30 / 48S I 27E Subdivision: Plat Book Page #: Property I.D.#: 00214920002 Metes & Bounds Description: The West 1/2 of the East V2 of the West 1/2 of the Northeast v.. less the South 10'. SIZE OF PROPERTYl 2,480 +/- ft. X 321 +/- ft. = Total Sq, Ft. 798,398.9 +/- Acres 18.1 +/- ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: The project is located on the south side of Immokalee Road. approximatelv 1 7"í miles east of its intersection with CR 951. Zoning Land use N A-MHO S A-MHO E A-MHO W A-MHO Rural Fringe Mixed Use/Receivina Lands Rural Frinae Mixed Use/Receivin9 Lands Rural Fringe Mixed Use/ReceivinCJ Lands Rural Frinae Mixed Use/Receivina Lands Does the owner of the subject property own property contiguous to the subiect property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Sedion/T ownship /Range / / Lot: Plat Book Block: Page #: Subdivision: Property 1.0.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # 7 of the A district for (TYPE OF USE) Church Facility Present Use of the Property: Undevelooed APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 9/20/04 ~___'··.~k""_' Agenda Item No. 17 A January 10, 2006 p n 9 Evaluation Criteria: Provide a narrative statement describing this request for conditiohal use. NOTE: Pursuant to Section 10,08.00. of the Collier County land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): The requested conditional use approval for a church is consistent with Table 2 of lDC Section 2.04.03. which lists churches and places of worship as conditional uses in the A-Rural AQricultural zoninQ district. The conceptual site plan included in this application demonstrates that the property, proposed use and open space also meet the dimensional and site desiQn standards of LDC Section 4.02.00. Buffers and vehicular use area landscapinQ is provided consistent with lDC Section 4.06.00. Parking is provided at a ratio over the minimum of 3 spaces per 7 seats consistent with lDC Section 4.05.04, with up to 70% of parkinQ surfaced with Qrass pursuant to Section 4.05.02.8. Environmental considerations are addressed in the attached EIS consistent with lDC requirements under Section 10.02.02.A. The requested conditional use aeproval is appropriate accordinQ to the Growth ManaQement Plan Future land Use Designation and Description of the A9ricultural/Rural land use cateaory. which includes community facilities. such as churches, as generally permitted uses under HeadinQ lI.f. The site's desiQnation in the Rural FrinQe Mixed Use District - Receivina lands renders the reQuest consistent due to the fact this location is identified as beinQ most appropriate for development under HeadinQ II.B.1 .A. . Community facilities, such as elaces of worship, are also listed as allowable uses in this district according to section II.B.1.A.5.q. The request meets FLUE Policy 5,4 because it is compatible with. and complementary to. the surrounding land uses. The request is consistent with FLUE Policy 7.1 because the church access will connect to the frontina arterial. Immokalee Road. 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 means of inaress and eQress is planned to be provided via a driveway connection to Immokalee Road. The apelicant proposes to construct a riQht-in/riQht-out turn lone to accommodate safety and convenience. TurninQ radii and drivina lanes will meet fire safety standards. Potential for future interconnection to Ramsey Lane is erovided alona the west side of the property. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 9/20/04 Agenda Item No. 17 A The pro~~s:d ;hurch wi~ :ave n; ~::e:e im~::s o~ neiQhborinQ properties in regards t~BD~~d~rêO06 ;conomi n odor. h rch s rvl s ccur roxlmat~ly two -days per week, and nOise. ~f\9fè2óné 69 ~d~rs will n~t be Qenerated to adversely impact nei<;1hborinQ properties. The site will meet and exceed b~fferina requirements alonQ the property lines. The develocment will contribute to the economic viability of the area. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The site and proposed use are compatible with adjacent and nearby properties in that the dimensions 2nd orientation of the site are similar to others in the vicinity. The request for conditional use approval for a church Is consistent with similar approvals for churches at two nearby locations. one 330 feet immediately west of the site adocted by Res. 02-435, and one 680 feet immediately west of the site adopted by Res. 03-427. The area is also scheduled for a school just east of the site. which promotes com~atibilitv among community facilities in this vicinity. The proposed church will be compotible with adjacent uses. includina single family homes and agricultural uses, through adherence to buffering and open scace reauirements. and architectural standards. The site design provides for a self-contained facility with screeninQ so that IiQhtinQ and waste manaQement does not impact neiQhbors. The standard buildina height in the Rural Agricultural zoning district of 35 feet will be maintained. e. Please provide any additional information which you may feel is relevant to this request. 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. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last yeari If so, what was the nature of that hearing? None Additional Submittal reauirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8'12" 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 ccPq; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), APPLICATION fOR PUBLIC HEARING fOR CONDITIONAL USE - 4/14/03. rev 9/20/04 · . Agenda Item No. 17 A · all existing and/or proposed parking and loading areas [include matrix in~10, 2006 required and provided parking and loading, including required parking for ttfEfge 22 of 69 disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8, of the land Development Code (lDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant 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 surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); h. 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 1 200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 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. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (5) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 9/20/04 (i) Agenda Item No. 17 A January 10, 2006 --------~. ~ CU_2005-AR-7749 PROJECT # 2005020062 DATE: 6/3/05 HEIDI WILLIAMS ST A TEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLlCANT(S) LIVING WORD FAMILY CHURCH ADDRESS 521 WEST STREET CITY NAPLES TELEPHONE # 239-596-0446 CELL # E-MAIL ADDRESS: WWW.NAPLESCHURCH.COM STATE FL ZIP 34108 FAX # 239-591-1459 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Section/T ownship/Range Lot: Block: 30 I 48S I 27E Subdivision: Plat Book Page #: Property I.D.#: 00214920002 Metes & Bounds Description: The West 1h of the East 1h of the West V2 of the Northeast 14 less the South 10'. ,,·I¡~I~.";¡~J. (Check applicable system): a. COUNTY UTILITY SYSTEM b . CITY UTILITY SYSTEM c . FRANCHISED UTILITY SYSTEM PROVIDE NAME d. P ACKAGE TREATMENT PLANT (GPD capacity) e . SEPTIC SYSTEM o o o o ~ . TY;it,E'OFWATER:'SERVIcÊ,':tëHil 1- a. COUNTY UTILITY SYSTEM b . CITY UTILITY SYSTEM c . FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) o o o I2J APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - "/1 "'/03, r.v 9/20/0'" .._,..,---- ~-- Agenda Item No. 17 A January 10, 2006 Page 24 of 69 _.~l_~f._': 500 seat capacity ií~'~ ..h_...,..'''.....· . ~~--.~:".:_,~::.--;;;;:;.-;;:;.-_:.--" _:-:~'-~..,,:'," A. WATER-PEAK 8. SEWER-PEAK "..~~: - :~" ~~~.¥.':~ -.:::':-~-,~:~-~,. 6.4 9pm 4.2 9pm AVERAGE DAILY AVERAGE DAILY 2,3109Pd 1.500 9pd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED nfa f!Jl.t*~t:I~S$;[~1fè.~IN':ê Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. ~~~J:J{~~tI'~i;,..T{ìít~',},~m\R"tll!_~~ 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. Sfiir~1'iQf~~~~~~íQti.__¡Ø'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. APPLICATION FOR PUBLIC HEARING FOR CONomONAL USE - 4/ 4/03, rev 9/20/04 -...- 7 JanuarylÔ{ZO 6 . PéI9~g5 of 9 ..' THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 20* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners if a CorDoration 3. Completed Owner/Agent Affidavits, Notarized 2* X 4. Pre-application notes/minutes 20* X 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 20* X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS)fTrip Generation Only 7 X 10. Historical & Archaeological Surveyor Waiver Application 4 X 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee = $4000 - X Comprehensive Plan Consistency Review = $300 Fire Code Review Fee = $150 Check shall be made payable to: Collier County Board of Comm;ss;onel'$ 14. Electronic copy of all documents and plans 1 X 15. Letter of no objection from the United States Postal 1 X Service 16. Other Requirements - * Documents required for Long-Range PlalUllng Review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. ~~ Applico / Agent ignature 5/21o/0S- Date APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 9/20/04 ----.--. Agenda Item No. 17 A January 10, 2006 Page 26 of 69 CU-2005-AR-7749 PROJECT # 2005020062 DATE: 6/3/05 HEIDI WILLIAMS AFFIDA VIT We/I, Living Word Forni'" Church being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subiect matter of the proposed hearing; that all the answers to the questions in this application, including the disc:/osure of Merest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and 01/ required information has beenslJbmitted. ize Johnson Engineering. Inc, to act as our/my representative in ~' ~}, _._~.._.' ",. Signature of Property Owner Aaron Blair;, UAlfJe, _eft.! ~_~~ Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing inslTumen' ~s acknowledged before me this M doy of ~ ,2ID5, by ~\ ~u...\ 'Ç:os.\\~V\who is personally known tn mA or has produced as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) --- STACY LEIGH FUI. 18 4» .....DDQI74IM . . .... unvaaar ..... ... ...... ... ~~M+S (Print, Type, or S p Commissioned Name of Notary PlJbliq APPlICA TION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 9/20/04 ·----.---- - ---- Agenda Itarn1.JD. 17 A CU-2005-AR-7749 January 10, 2006 PROJECT # 2005020062 Page 27 of 69 DATE: 6/3/05 HEIDI WILLIAMS Living Word Family Church & World Outreach Ministries, Inc. 521 West Street Naples, Florida 34108 March 16, 2005 To Whom It May Concern: Please let this letter serve as a sworn statement that I have provided sufficient infonnation to the surveyor to allow the accurate depiction for the information provided on the survey. a~, Aaron Blair, Executive Assistant The foregoing instrument was acknowledged before me this 20th day of Mav , 2005 by Aaron Blair, He is personally known to me. 8TÞC't LEIGH FULTI _ c:ommtlXlCll74IM .... m1JØl . ......, IIN iJ FIaIIdI ,."..., _ on Expires:~ I _.~-'-'-.---'"'"- PAO.IECT: Immokalee RoIid Phase 2 . 80018 PAACELNO: 128 FOLIO NO: a portion of 00214820002 Agenda Item No. 17 A 3154636 OR: 3252 PG: O~ftuary 10,2006 _ II tmCI& _ If CIWII -.:'rfge 28 of 69 tJ/I1f2W at II:" _. .. .., I:&IB . .. rut CllPI. I." . llta: ftIIØGIImGI _taeQlllmaI D!larJa PERSONAL AEPRESENTAnvE'S DEED THIS INDENTURE, executed the ~ J- clay of ¡:t!!-7Jn 1.#-"" , 2003, between LltDA DOROTHY NEFF, as P8rwonal Representative of the Estate of Lois Neff, deoeued, as to In undivided 314 Interest, whose address 18 18574 S. W. 292 St1Mt, Homelt8ad, Fl3303D-2427, (hentlnafler I'8fefNd to as "Grantof"), to COLLIER COUNTY. a political aubdlvilllon of the St8te of Florida, Ita 1UCC1..M and assigns, whose pœt office adchu II 3301 Tamlaml TraH East. N.pIee, Florida, 34112 (twetnafter retenecl to as "GranIee"). Subject property 18 vacant land and nollhe homestead of the Grantor. WITNESSETH: The Grantor, .. Pereonal Representative of the Estate of Lois Neff, in consideration of the eum of Ten Dollars ($10.00) and oIher good and valuable consideration in hand paid, does grant, bargain, 8811, alien. rem_. ....... convey and confirm to the Grantee. a Fee Simple Interest In the real property In Collier a,: of record. TOGETHER wtth a' , and appurtenanCes belonging or In anywiIe f- ~ TO HAVE AND TO HO and aesigns, in Fee Simple Intereat, forevør. 00 AND the Grantor doee with , their hein and assIgna. that 811 Ø*IgI prelmlnary to and In and c:orweyMCe, the power of sale accorclng to the Iawa of Florida have been complied wfth In all reepecI8. IN WITNESS WHEREOF, the Grantor, .. the PersoneI RepreMntative of the Estate of Loti Neff, deceued, !wI_ her hand and.... on the clay and year first above written. Signed, aealed and delivered In !he pre..nee of: WITNESSES: ~#ø-:Þ~ Wltneu (Signature) ~,J7u, ~ "'It'd""~" Name: (Print or Type) ~)¡j~ J) CA. NI It :r D Brf.$.s Name: (Print or Type) - "---- - --- -- --.-----. _.. ._~~ CU-2005-AR-7749 PROJECT # 2005020062 DATE: 6/3/05 HEIDI WILLIAMS ,.........,... .... ..... undIIr ....d...,IiIIIIcM, n 11__ tam dDcurneI_'8Wnp'" ="'~ACC!rICUIY"" ~COUnv. --- "'J~ ~1OTHÌ!~ 011""'" ...0.;;..:; .. ·~'IUN NO. ~-#IW,.'_ ~s-o Agenda Item No. 17 A January 10, 2006 OR: 3252 PG: 0231 Page 29 of 69 STATE OF F¡..,,.·ÞÞ COUNTY OF II t;-'I -ÞÞ« ThIs foregoing PerIanal Repreaentatlve" Deed WlllIIdmowI8dged before me 1hiI ~.s- day of ,."..,.~ . 2003 by LINDA DOROTHY NEFF as Personat Rep.....latNe of the E.... of Lola Neff, deceued, as to an unciYlded 314 intefest who: lí.- Is p8f'IOf18lly known to me OR _ produced as proof of identity. ~~~d- (SIgnature of Notary PublIc) (affix notarial 88a1) INIt..FilUJ) JII' /".I/f,r,.e Y (prtnt Name of Notary Public) Serial I Commllaton . (If any): t.~ C s71.:J' My CommI88Ion EJcpinIe: QI'¡_.J .' . . 0...... '. ".' ~ \ , ... M. fI1Iny ..\. -'- c..', .~. RC ~ o:::aøn~"..~ . '\ 1.1£ 0 ¡o MY MIw~2._· ..< ~ 0 _.: <.1. oYY _IHaIID.......DI1IK:: : to-' . :1 C; ....... (I) · ~ :' . -::. 0.. ~'.~., c_ .... ., ~\Jfflc'tllCJ .....--.---- 2 -----~'- . , . . . ~." --- .- --_.._.-~.- -"- FEE SIMPLE INTBREST PARCEL .126 g~~N 17A ii:.:. -¡ ~ 10 006 ....._ " e 3Ò f 69 100' R~OR'TH UNE Of" SEc..T10ti.J,0 - LINE L1 L2 L3 L4 l5 L8 L7 l8 L8 L10 L11 L12 IMMOKALEE ROAD 5:""R. 846 L3 '-'4 LOIS NEFF JOAN GOODNIGHT O.R. 739. PG. 1268 M)T'III~ !i .. c.... p."þ "'" p."þ N ë! .. C> ~ c.... ~ LINE t LENGTH 100.05 643.74 321.87 88.24 53.86 10,00 128.75 18.99 108.21 19.81 28.99 78.41 ~ o "5n.' ¡"100 1SO N DA"'D .I. ~ RRM) fl.A. uc. NOT ~ WI,,"OUT 'THE SlGf4A1UftE AMI THE ORIGINAL RAIStÓ IrAL. CF A FLORIM UŒHSED SUIt'ÆYCIt AND MNtPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. . ENGINEERS. SURVEYORS AND PlANNERS 3SOI EXCHN«;E AVE. NAPlES, F1A. 34 1 04 ('.1> 143-2404 FAX NO. (141) 1143-5173 F1..ORlIM BUSINESS lICENSE No. lB5770 SC~ SEC " W.O. NO. DRAWN BY F1lE NAME AS NOTED 30/48/27 0014,1 EAW 00-018-QO.Dwt RD\SS) 8/1/b2 CA1E 10/01 cwe. NO. IR-L-126-1 IHm F8 PO Ct£QŒ) BY 1 Of" 2 D.ø-t j '. , FEE SIMPLE INTEREST PARCEL #126 EX~~. m No. 17A ~jól r 10,2006 .....1 ot~ 31 of 69 . . .-. ,.. . ·A Dncrlptlan: A portion of thl Ealt leD felt of thl WIlt 1/2 of the NorthlGlt 1/4. 1_ the Elllt 3311 ,..t tnll'lOf. and 1_ thl Narth 100 fHt prÞIaully dldlœted for Stat. Highway fI48. and ,... the South 10 fwt thtrlClf. Section 30, Town"'lp 4a South, Ron,1 17 Elllt, Callier County, florida, b.ln, mar. particularly dlwlMd III follon: CammIn. at the Narth 1/4 Com... af laid SHUon .sO; th",. South 02'3'14" Elllt. lion.. thl 1/4 MCtIan IInI of IOId Section 30. far 0 dlltanal of 100.0& feet. to a point on thl 1IIIItIn, IIOUth rftht-af-way IInI of Stat. Rood fB4I (lmmakol_ Rood): th_ Narth .'03'1«1- EOIt, alonv .1d IOUth right-of-way 1In.. for a Ihton. of 14).74 ..... to \hi POINT OF IJEGlMNlNO of thl h_1n dIIcrtIed parcel; thin. contlnuln, North 81'0.5'1." Eaet, GIant IOId IIOUth rtgItt-o.......y 11n.. far 0 dlltonee of 321.17 feet; then. South 02'7'52- Ealt. far . dlet_ of ...24 fHt; th",. South 11'03'11- WlGt. far a dletance of 113." felt; \h1l'l01 Narth 03'1ie'4"" Wilt, for a dlllan_ of 10.00 feet; thenCI South "'03"'" WlGt, far a ....tonctl of '21.711 flit: th4lll01 South 03'SS'44" Eoet, for 0 eII.tonce of 11.111 feet; tll",ol South 11'03'''" We.t, far a dlttance cf 101.21 r.t; thanal Narth 03'!H1'44" Witt. for 0 dl.t..ce 0' '11.11 fHt: then_ South 11'03"8· W8IIt, far a dlet'on_ of 21.111 fHt; thlllot North 02,,'23· WIG\, far 0 dlltonoe 0' 78..1 f..t. to tht paNT OF BEGINNING: Contolnln, 0.840 _. "'01'1 ar ,-. Not..: 1. This Is not 0 survey. 2. Baa'. of beorlnQ I. .tate plane coordlnat.., Florida East Zone. REVISED Ii/' /02 SKETCH AND DESCRIPTION WILKISON ac ASSOCIATES INC. . ENGINEERS, SURVEYORS N4D PlANNERS 3501 EXCfoWIOE "vr.. NAPLES, F\A 34104 (114') 143-2404 FA)( NO. (14') '43-"'73 FI.ORIDA BUSINESS UCENSE NO. LB5770 SCAU: IEO B. W.O. NO. Dft"WN ey F1LE NAME AS N01'ED 30/48/27 0014.1 t:.AW 00-018-00.DW~ D~'TE SHŒT F'B PO CHEaŒD BY DWO. NO. '0/01 2 OF" 2 DJH IR-L-126-2 - ... ... ... ~ c...a I"ooÞ ~ I"ooÞ ~ c::Þ I"ooÞ c...a c...a ... ... ... ~ -.-------, ------- AG~~i..ii-1-7A- January 10, 2006 Page 32 of 69 CU-2005-AR-7749 LIVING WORD F AMIL Y CHURCH EXCERPTS FROM ENVIRONMENTAL IMPACT STATEMENT 1. Environmental Impact Statement, pages 4-17 2. Exhibit M, Listed Plant and Wildlife Species Survey, pages 12-13 Agenda Item No. 17 A . January 10, 2006 Page 33 of 69 .t Subsection (c) Project Description and GMP Consistency Determination i. Provide an overall description of the project with respect to environmental and water management issues. The 18.37± acre Living Word Family Church site is located in Section 30, Townshíp 48 South, Range 27 East, Gollier County, Florida (Figure 1). The.property is approximately two (2) miles east of the intersection of CR 951 and Immokalee Road. The site is just south of Immokalee Road and east of Rivers Road. The property is composed of various forested and herbaceous vegetation communities as well as an agricultural/nursery facility. A cleared right of way, adjacent to Immokalee Road, runs parellel to the parcel's north boundary. The east and west side of the site is bordered by forested areas and rural residential. The southern end of the site is bordered by undeveloped land and an agriculutural/nursery facility. The Living Word Family Church project will include the church, associated facilities, surface water management, and a parking lot. Ecologists from Johnson Engineering Inc. (JE!) perfonned a preliminary field review of the property on February 2, 2005 to asses onsite habitat types and detennine the potential limits of jurisdictional wetlands. ., Land use and vegetation types mapped within the project area include 0.19 acres (1.3%) of an agricultural/nursery facility (FLUCFCS 200), 0.08 acres (0.44%) of palmetto prairie (FLUCFCS 321), 1.72 acres (9.36%) of cabbage palm (FLUCFCS 428), 2.15 acres (11.70%) of disturbed cypress (FLUCFCS 6219 E3), 13.96 acres (76.00%) of cabbage palm with scattered cypress (FLUCFCS 6249), 0.03 acres (0.16%) of disturbed land (FLUCFCS 740), and 0.24 acres (1.31%) of disturbed land with hydric characteristics (FLUCFCS 7401). Portions of the site have been disturbed, as evidenced by the encroachment of exotic plant species, such as Brazilian pepper (Schinus terebinthifolius). As a result, the quality of the habitats varies according to the degree of exotic coverage, as well as proximity to adjacent disturbed lands and roads. Preliminary indications are that the majority of the Living Word Family Church site is composed of wetland communities, totaling 16.35 acres (89%) of the site. Final wetland jurisdictional detenninations have not been verified by the U.S. Army Corps of Engineers or South Florida Water Management District, and will be addressed as part of the Environmental Resource Permit process. However, the potential wetlands onsite appear to be experiencing a reduced hydroperiod, likely as a result of altered sheet flow and draw-down effect from the Immokaleo-Road ditch located north of the site. Two (2) digital piezometers have been installed onsite to collect ground water data and help detennine the limits of State and Federal wetland jurisdictional limits. 1 Wetland FLUCFCS communities within the site include FLUCFCS Codes 6219 E3 (disturbed cypress) totaling 2.15 acres, FLUCFCS 6249 (cabbage palm with scattered cypress) totaling 13.96 acres, and FLUCFCS 7401 (disturbed land, hydric) totaling 0.24 acres. The largest community found on the site is FLUCFCS 6249, totaling 13.96 acres of the site. FLUCFCS 6219 E3 has been degraded by Brazilian pepper, 4 Agenda Item No. 17 A January 10, 2006 Page 34 of 69 . averaging 50-75% mean coverage. Because of the configuration of wetlands, access requirements and amount of developable acreage needed for the project, complete wetland avoidance is not practicable. However, impact minimization efforts were employed to limit the amount of wetland impacts. Site plan design included locating unavoidable impacts in wetlands of lower quality and utilizing uplands onsite where possible. Additionally, the proposed site layout has been situated adjacent to existing development on neighboring parcels. Based on the preliminary wetland detennination, construction of the project will impact 10.95 acres of SFWMD and USACOE jurisdictional areas. The proposed wetland impacts consist of 0.24 acres to FLUCFCS Code 6219E3, 10.47 acres to FLUCFCS Code 6249, and 0.24 acres to FLUCFCS Code 7401. Approximately 9.7 acres will entail the filling of wetland areas and 1.3 acres will involve excavation of wetlands, as required to construct the required stonn water management ponds. e Preliminary investigations to determine the potential presence or absense of state and federally protected species on site were conducted by Johnson Engineering ecologists on February 24th, 2005. A protected species survey for the site was conducted on April 1, 2005 in accordance with FWC and FWS methodologies, and can be found in Exhibit Nof this document. Although initial site investigations yielded no signs of protected species, the site does contain suitable habitat for several state and federal listed species; primarily protected wading birds and the Big Cypress fox squirrel (Sciurus niger avicennia). Coordination with the FWC and FWS will continue during the environmental pennitting process to address any potential listed species concerns. If necssary, an appropriate management planes) will be developed and approved by agency staff to ensure the proposed project does not result in adverse impacts to listed species. The proposed mitigation plan for this site is pending the completion of the site design. The mitigation plan for the project generally consists of a combination of onsite wetland and upland enhancement/preservation, totaling 7.09 acres. The majority of the mitigation is proposed directly adjacent to the project impacts. Enhancement will essentially entail the eradication of all nuisance and exotic species. Areas that qualify as enhancement have a coverage of greater than 25% by exotic and nuisance species. Preservation includes areas with less than 25% coverage by exotic and nuisance species. Creation will occur in recovered disturbed areas that cUlTently contain no significant native vegetation. A maintenance program shall be implemented in the mitigation areas on a regular basis to insure the integrity and viability of the mitigation activities. The maintenance will be conducted in perpetuity to insure that total coverage of exotic and nuisance plant species (those species cur- rently identified by the Florida Exotic Pest Plant Council's CUlTent list of most evasive plant species and incOlporated herein by reference) constitute no more than 5% total coverage. The mitigation areas will also be monitored annually to ensure they progress toward meeting the success criteria outlined in the agency pennits. e During the environmental permitting process, the mitigation plan will be coordinated with the environmental pennitting agencies to ensure adequate compensatory wetland 5 Agenda Item No. 17 A January 10, 2006 Page 35 of 69 fit mitigation is provided. This will entail submittal of a Unifonn Mitigation Assessment Method (UMAM) analysis to SFWMD staff for review and approval (see enclosed Exhibit L). Additional mitigation, if necessary, will be accomplished by purchasing the appropriate amount of credits at a mitigation ban1e ii. 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. Policy 6.1.1 and 6.1.2 Forty percent preservation of native vegetation, not to exceed 25 percent of the site will be accomplished on site. Preserves will be delineated on the plan. Policy 6.1.4 All invasive exotic vegetation will be removed from the project site during the development process. The site will be maintained for invasive exotic species in accordance with pennit conditions in perpetuity. Policy 6.1.7 Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Constnlction Plan submittal and will be required to meet the minimum planting area requirement in Policy 6.1.7. Existing native vegetation shall be retained in landscape buffer areas. ~ Policy 6.2.1 The wetland jurisdictional determination has not been verified by SFWMD staff at this time, and will be verified during the ERP process. Because of past hydrologic alterations adjacent to the site, it is anticipated the site has experienced a reduced hydroperiod. Digital piezometers have been installed to record CUlTent hydrologic data. This data will play a vital role in the ultimate wetland jurisdictional determination process with SFWMD staff. Policy 6.2.3 The proposed project will preserve approximately 36% of wetlands located onsite. A total of 5.40 acres of wetlands shall be maintained within conservation easements pursuant to USACOE standards. Policy 6.2.5 The project will be reviewed by SFWMD and USACOE for impacts to wetlands during the ERP process. .-1 Policy 6.2.6 The conceptual site plan identifies the preservation areas that will be subject to conservation easements. USACOE standards will be applied to the conservation easements. Uses that are hannful to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation will be prohibited in preserve areas. 6 ""---......- e . - Agenda Item No. 17 A January 10, 2006 Page 36 of 69 Subsection (d) Native Vegetation Preservation i. 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 onsite by vegetation type (species), vegetation composition (canopy, midstory, and groundcover) and vegetation dominance (dominant, common, occasional). A description of the seven FLUCFCS types along with their corresponding acreage is as follows: A!!ricultural Facility lFLUCFCS Code 200) This upland land use is located in the southeast corner of the property and totals 0.19 acres (1.03%) of the site. The facility belongs to the property owners adjacent to the southeast portion of the property. The adjacent land owners are aware of the encroachment of the facility onto this site and will remove associated s1ructures prior to development. Palmetto Prairie ŒLUCFCS Code 321) 1ms upland community is found in the southeastern section of the property and totals .08 acres (0.44%) of the site. Vegetation observed in the canopy and the sub-canopy includes scattered wax myrtle (Myrica cerifera) and dahoon holly (Rex cassine). Ground Cover is dominated by saw palmetto (Serenoa repens). Cabba!!e Palm ŒLUCFCS Code 428) This upland community is located in the south central portion of the site. The cabbage palm habitat encompasses 1.72 acres (9.36%) of the site. The canopy is dominated by cabbage palm (Sabal palmetto) with scattered laurel oak. (Quercus laurifolia). The sub-canopy is comprised of cabbage palm, wax myrtle, and myrsine (Myrsine guianensis). Ground cover is made up of beauty berry (Callicarpa americana), wild coffee (Psychotrïa nervosa), muscadine grape (Vitis rotundifolia), and caesar weed (Urena lobata). Cypress. Disturbed (FLUCFCS Code 6219 E3) This wetland area is found in the northern most portion of the site and makes up 2.15 acres (11. 70%) of the property. The exotic species Brazilian pepper comprises approximately 50- 75% coverage. The canopy consists of bald cypress (Taxodium distichum), Brazilian pepper, and cabbage palm. The sub-canopy contains cabbage palm and Brazilian pepper. The ground cover is limited due to the dense Brazilian pepper. However, scattered swamp fern (Blechnum serrulatum), muscadine grape, and green briar (Smilax sp.) were noted. Cabba!!e Palm with Scattered Cvoress lFLUCFCS Code 6249) This wetland area is located throughout the central and northern portions of the site and encompasses 13.96 acres (76.00%) percent of the property. The canopy is comprised of cabbage palm with scattered cypress. The sub-canopy is made up of cabbage palm, wax myrtle, buckthorn (Bumelia reclinata), scattered Brazilian pepper, and myrsine. Ground cover includes muscadine grape, brooms edge (Andropogon virgin icus) , blackbeny (Rubus sp.), and Caesar weed. 7 · ~ ~ Agenda Item No. 17 A January 10, 2006 Page 37 of 69 Disturbed Land (FLUCFCS Code 740) This upland area is located in the southern part of the property and makes up 0.03 acres (0.16%) of the total area. The native vegetation from this area has been removed, which has resulted in the establishment of disturbed ground cover species. The canopy includes scattered cabbage palm and Brazilian pepper. The sub-canopy contains cabbage palm and Brazilian pepper. Groundcover includes Caesar weed, blackberry, muscadine grape, and Spanish needles (Bidens pilosa). Disturbed Land. Hvdric lFLUCFCS 740n This wetland site is located in the western portion of the property and comprises 0.24 acres (1.31%) of the total area. The canopy contains immature cabbage palm and immature cypress. The sub-canopy is also made up of cabbage palm and cypress. Groundcover includes muscadine grape, spermacoce (Spermacoce assurgens), maidencane (Panicum hemitomon), and blackberry. ii. 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 Chapters 4 and 10 of the Land Development Code. Policy 6.1.1 The property lies within the Rural Fringe Mixed Use-Receiving Lands designation of the Collier County Future Land Use Map. Since the subject property is less than 20.o± acres, a minimum of 40 percent of the native vegetation (not to exceed 25% of the total site) will be preserved. The standard is in accordance with the vegetation preservation and retention standards for the community facility development and mixed use development. 18.1o± acres of native vegetation habitat are found on the subject site. The habitats include Palmetto Prairie (FLUCFCS Code 321); Cabbage Palm (FLUCFCS Code 428); Cypress, Disturbed ( 50-75% Exotics) (FLUCFCS Code 6219 E3); and Cabbage Palm with Scattered Cypress (FLUCFCS Code 6249). A Native Vegetation Map is provided as Exhibit 1. Table 2 below provides the acreage of these native habitats. Table 2. Native Vegetation Habitat Types and Acreages FLUCFCS Habitat Native Non Native Code Vegetation Vegetation Acreae:e Acreae:e 200 Agricultural Facilities 0.19 321 Palmetto Prairie 0.08 428 Cabbage Palm 1.72 6219 E3 Cypress, Disturbed (50-75% Exotics) 2.15 6249 Cabbage Palm with Scattered Cypress 13.96 740 Disturbed Land 0.03 8 e e e Agenda Item No. 17 A January 10, 2006 Page 38 of 69 7401 ¡ Disturbed Land, Hydric 0.24 TOTAL 18.10 0.27 Minimum Retained Native Vegetation Requirement 4.59 (Total Site Acreage X 25%) = 18.37 X 0.25 = LDC Section 4.06.04 All vegetation clearing activities will be in accordance with an approved Site Development Plan only after a Vegetation Removal Pennit has been obtained through County Staff. LDC Section 10.02.14 All preserve areas will be shown on the landscape plan portion of the development order. iii. Provide documentation that the parcel is 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. Not applicable. iv. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? This site has not been subjected to previous development or approvals. v. For properties with Special Treatment overlays, show the ST overlay on the development plan and provide an explanation as to why these areas are being impacted or preserved. This project is not covered by an ST overlay. Subsection (e) Wetlands i. Define the number of acres of Collier County jurisdictional wetlands according to FLUCFCS. Include a description of each of the FLUCFCS categories identified onsite by vegetation type, composition, and dominance. Wetland determinations are required to be verified by the SFWMD prior to submission to the County. Subject to agency verification the Living Word Church Site contains 16.35± acres of SFWMD/ColIier County jurisdictional wetlands (Exhibit C). The wetlands found on the site are composed of three (3) FLUCFCS types: Cypress, Disturbed (FLUCFCS Code 6219 E3), Cabbage Palm with Scattered Cypress (FLUCFCS Code 6249), and Disturbed Land, Hydric (FLUCFCS Code 7401). Wetland acreages for the site, and a description of each wetland FLUCFCS type can be found in Table 3. 9 · ~ 1 Agenda Item No. 17 A January 10, 2006 Page 39 of 69 Table 3. SFWMD/Collier County Wetlands FLUCFCS Code Description Acreage 6219 E3 Cypress, Disturbed (50-75% Exotics) 2.15 6249 Cabbage Palm with Scattered Cypress 13.96 7401 Disturbed Land, Hydric 0.24 TOTAL 16.35 CvDress. Disturbed (FLUCFCS Code 6219 E3) This wetland area is found in the northern most portion of the site and makes up 2.15 acres (11.70%) of the property. The exotic species Brazilian pepper comprises approximately 50- 75% coverage. The canopy consists of bald cypress (Taxodium distichum), Brazilian pepper, and cabbage palm. The sub-canopy contains cabbage palm and Brazilian pepper. The ground cover is limited due to the dense Brazilian pepper. However, scattered swamp fern (Blechnum serrulatum), muscadine grape, and green briar (Smilax sp.) were noted. Cabba2:e Palm with Scattered Cvnress lFLUCFCS Code 6249) This wetland area is located throughout the central to northern portions of the site and makes up 13.96 acres (76.00%) of the property. The canopy is comprised of cabbage palm with scattered cypress. The sub-canopy is made up of cabbage palm, wax myrtle, buckthorn (Bumelia rec1inata), scattered Brazilian pepper, and myrsine. Ground cover includes muscadine grape, broomsedge (Andropogon virginicus), blackberry (Rubus sp.), and Caesar weed. Disturbed Land.. Hvdric lFLUCFCS 7401) This wetland site is located in the eastern portion of the property and comprises 0.24 acres (1.31 %) of the total area. The canopy contains immature cabbage palm and cypress. The sub- canopy is also made up of cabbage palm and cypress. Groundcover includes muscadine grape, spennacoce (Spermacoce assurgens), maidencane (Panicum hemitomon), and blackberry. ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design. improves/affects predevelopment hydro periods. Provide a narrative addressing the anticipated control elevations for the site. There were no clear lichen lines or other biological indications of high water marks on the site. There is a USGS well approximately 2 miles west of the project, located just east of C.R. 951 and south of Immokalee Road. The well indicated that over the past 25 years, the water table is lowering. The evidence on site demonstrates the transitional characteristics in the vicinity south of Immokalee Road. Two (2) digital piezometers have been installed onsite to collect ground water data to detennine the wet season water table (WSWT). A wet season elevation of 13.5 NGVD (control elevation) is assumed based on average ground elevation on the site. 10 "-_..~-,._,,,.,-<,.,-. Agenda Item No. 17 A January 10, 2006 Page 40 of 69 . The water management system has been designed in order to help maintain regional wetland flow ways and provide water quality and stonn attenuation for the proposed site improvements. There will be wetland preserves at the north and south ends of the property. In order to maintain regional flow characteristics, a drainage pipe will be provided under the entry drive near the north end of the site to accommodate hydration and regional northeast to southwest flow to the front wetland. The south end of the site will include wetland preserves that tie into adjoining flow ways also. On-site water management will be done with collection pipes and swales to direct stonnwater into the lakes for treatment and attenuation prior to discharge. Open grass swales will be used wherever possible to provide best management practices for pretreatment of stonnwater prior to introduction into the lakes. The water management system will include discharge facilities into the northern and southern wetlands in order to hydrate the wetlands and maintain regional flow characteristics. The water management system will be isolated from these wetlands so that only controlled discharges from the structures will be allowed into the wetlands. These wetlands drain across the site and into the regional Golden Gate Estates water management canal network. iii. 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 onsite. Describe how impacts to wetlands have been minimized. e Approximately 10.95 acres (67%) of the 16.35 acres of onsite wetlands are proposed to be impacted. Please see Exhibit K for wetland impacts. iv. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in goal 6 in the Conservation and Coastal Management Element of the Growth Management Plan. A preliminary mitigation analysis using the unifonn mitigation assessment method (UMAM) to detennine credit for on-site mitigation is attached as Exhibit L. Preliminary estimates show that there will be a functional loss of credits on-site. Please note that this is only a preliminary estimate and that final approval will still be required from the SFWMD. Credits will be purchased at an agency approved regional mitigation bank as needed. Once the credits are purchased from the agency approved regional mitigation bank, the functional loss on-site will be off-set to retain no net loss of wetlands. Subsection (f) Surface and Ground Water Management i. 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. - 11 · ~ .-. --- -----.... - . Agenda Item No. 17 A January 10, 2006 Page 41 of 69 Using the USGS well information, the deviation between wet and dry season water table is 7 feet. With a wet season table of 13.5 NGVD, the dry season is assumed at 6.5 NGVD. The water management system has been designed in order to help maintain regional wetland flow ways and provide water quality and storm attenuation for the proposed site improvements. There will be wetland preserves at the north and south ends of the property. In order to maintain regional flow characteristics, a drainage pipe will be provided under the entry drive near the north end of the site to accommodate hydration and regional northeast to southwest flow to the front wetland. The south end of the site will include wetland preserves that tie into adjoining flow ways also. On-site water management will be done with collection pipes and swales to direct stonnwater into the lakes for treatment and attenuation prior to discharge. Open grass swales will be used wherever possible to provide best management practices for pretreatment of stonnwater prior to introduction into the lakes. The water management system will include discharge facilities into the northern and southern wetlands in order to hydrate the wetlands and maintain regional flow characteristics. The water management system will be isolated from these wetlands so that only controlled discharges from the structures will be allowed into the wetlands. These wetlands drain across the site and into the regional Golden Gate Estates water management canal network. ii. 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. See the Harvey Harper calculations attached as Exhibit P. iii. Identify and 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. Subsection (g) Listed Species i. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing onsite, 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 of species of special status identified onsite. 12 Agenda Item No. 17 A January 10, 2006 Page 42 of 69 e No protected species were found during the protected species survey. For additional information, please see the Protected Species Survey (Exhibit M). ii. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed onsite. Listed wildlife species that were not observed, but which have the potential to occur on the project site are listed in Table 4. e - 13 · ~ ~ Agenda Item No. 17 A January 10, 2006 Page 43 of 69 Table 4. Listed Wildlife That Have the Potential to Occur Designated Status Habitat Scientific Name Common Name FWCC USFWS FLUCFCS Code Amphibians and Reptiles Drymarchon corais Eastern Indigo T T 428 couveri Snake Birds Egretta thula Snowy Egret SSC - 6219/6249 Eudocimus albus White Ibis SSC - 6219/6249 Ajaia ajaja Roseate Spoonbill SSC - 6219/6249 Aramus guarauna Limpkin SSC - 6219/6249 Mycteria americana Wood Stork E E 6219/6249 Egretta tricolor Tri -Colored Heron SSC - 6219/6249 Egretta caerulea Little Blue Heron SSC - 6219/6249 Mammals Sciurus niger Big Cypress Fox T - 6219/6249 avicennia Sauirrel Felis conc%r coryi Florida Panther E E 428/6219/6249 Ursus american us Florida Black Bear T - 428/6219/6249 tloridus FWCC - Florida Fish and Wildlife Conservation Commission USFWS - U.S. Fish and Wildlife Service SSC - Species of Special Concern T - Threatened E - Endangered Eastern Indi20 Snake (Drvmarchon corais couDeri) The Eastern indigo snake has the potential to occur within the native upland and wetland habitats on the project site. The Eastern indigo snake has a large range that can encompass areas of 125::1: to 150::1: acres. It is common to find the Eastern indigo snake in association with the gopher tortoise and its burrows. However, there were no gopher tortoise burrows found on the Living Word Church site. SnoWY Euet Œeretta thula). White Ibis (Eudocimus albus). Roseate Sooonbill (A;aia a;aia). Limokin (A ram us R'uarauna),Trl-colored Heron (Eeretta tricolor), Little Blue Heron (EHretta caerulea) and Wood Stork (Mvcteria americana) This site contains suitable foraging habitat for various wading birds. The Florida Atlas of 14 - - - Agenda Item No. 17 A January 10, 2006 Page 44 of 69 Breeding Sites for Herons and Their Allies (Runde et al. 1991) lists no bird rookeries on this site. The nearest recorded bird rookery site is No. 619018, located approximately eight (8) miles to the northwest, along the west side of County Hwy. 846 and hnmokalee Road in Section 21, Township 47 South, Range 27 East. This colony was last reported occupied by wood storks in 1999. The next closest rookery site is No. 619146, located over twelve (12) miles to the northwest in Section 3, Township 47 South, Range 27 East. This colony was last reported occupied by cattle egret (Bubuicus ibis) in 1989. Black bear (Ursus american us tloridanus) The Florida black bear is one of three (3) subspecies of American black bear recognized in the southeastern United States and is listed as Threatened by the FWC. This species can be found in a variety of habitats, including mixed hardwood pine, cabbage palm hammock, upland oak scrub, and forested wetlands, such as cypress and riverine swamps. Based on the presence of suitable habitat the potential exists for this species to utilize the site. Die: Cypress Fox Squirrel (Sciurus nieer avicennia) Potential Big Cypress fox squirrel habitat exists within the forested wetland habitats. However, the cypress onsite are mostly immature and the more mature cypress are found in areas of 50- 75% Brazilian pepper infestation. The upland portions of the site are not likely habitat either due to those areas being primarily Brazilian pepper. Florida Panther (Felis con color corvi) The subject parcel does not occur within Priority 1 or 2 panther habitat according to a review of the Florida Panther Habitat Preservation Plan (Logan et ai. 1993). However, according to Geographic Infonnation System (GIS) data, the site does fall within the secondary zone of the Multi-species Ecosystem Recovery Implementation Team (MERIT) map (Slack et ai.,2001) Four (4) radio-collar telemetry points from Florida panthers have been recorded within one (1) mile of the project site. However, two (2) of the points are attributed to one panther, TX 101, which was at the same site on successive days. All three (3) of the recorded panthers have since died. Panther TX-101 died on March 29, 2000 from unknown causes, and in September 2001 panther 92 also died of unknown causes. Panther 28 died September 25, 1992 of intraspecific aggression. No panthers or existence thereof (i.e., tracks, scat, etc.) were observed during the listed species surveys conducted on the property. Listed plant species that were not observed but which have the potential to occur on the project site are listed in Table 5. Infonnation used in assessing the potential occurrence of these species included personal experience and lmowledge of the geograpmc region. 15 - . .-, Agenda Item No. 17 A January 10, 2006 Page 45 of 69 Table 5. Listed Plant Species That Have the Potential to Occur Designated Habitat Scientific Name Common Name Status (FLUCFCS FDA Code) Cyrtopodium punctatum Cowhom Orchid E 6249 Encyclia tampensis Butterfly Orchid C 6219 Tillandsia fasciculate Stiff Leaved Wild Pine E 6249 Tžllandsia utriculata Giant Wild Pine, Giant E 6249 Air Plant Tžllandsia pruinosa Fuzzy-wuzzy Air Plant E 6249 Le2end FDA - Florida Department of Agriculture E - Endangered C - Commercially Exploited ii. Indicate how the project design minimizes impacts to species of special status. Although no listed species were found, it is likely that various wading bird species occasionally utilize the site for foraging and roosting. However, no nests were observed on the site. Onsite preserves will continue to provide valuable habitat for wildlife in a post development condition. The site plan will include the removal of exotic vegetation. The possibility exists portions of the wetland preserves may be able to be incorporated into the surface water management system to improve hydrologic conditions and improve wildlife habitat values. iv. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies ofwhich shall be included as exhibits attached to the PUD documents, where applicable. No listed species were observed utilizing the site during the survey. Please see Exhibit M for the Protected Species Survey. v. 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. 16 - e - Agenda Item No. 17 A January 10, 2006 Page 46 of 69 Coordination with the wildlife agencies will be initiated during the environmental pennitting process. Copies of all future correspondence will be forwarded to the County. Subsection (h) Other i. 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. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. Not applicable. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures to clean up the site. See the Phase I Environmental Site Assessment provided as Exhibit N. iii. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-S1) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. The subject property is not within the Big Cypress Area of Critical State Concem- Special Treatment (ACSC-ST) overlay district. iv. Soil sampling or groundwater monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses, or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Not applicable. v. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historical archeological surveys that have been conducted on the project area. Locate any known or historical archeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historical/archeological integrity of the site. A letter was sent to the Florida Department of State on April 10, 2005. Return correspondence dated May 3, 2005 is provided as Exhibit O. Per direction from the Department of State, a cultural resources survey was conducted in June 2005 by Archaeological Consultants, Inc. (ACI). No evidence of archaeological or historical sites were found within the project area. A copy of this report has been sent to the Department of State for review. A copy of the survey is also included in Exhibit O. 17 Agenda Item No. 17 A January 10, 2006 Page 47 of 69 _ 4.0 RESULTS ~ -, No evidence of listed. species utilization was observed. during the survey. However, it is likely portions of the property may be used for occasional roosting or foraging by listed wading birds, particularly during the wet season. The site has experienced hydrologic alterations as well as significant coverage by Brazilian pepper in certain areas, which likely are limiting factors on the extent of use on-site by listed wading birds. No evidence of nesting by any listed. avian species was observed. No direct bald eagle sightings or evidence of bald eagle nests were observed during any of the field surveys. Research of the FWC database indicates no active bald eagle nests are recorded within one (1) mile of the project area. Although no evidence of the Florida panther (Felis concolor coryl) was observed onsite, the project is within the U.S. Fish and Wildlife Service Florida panther consultation area. In addition, the site is within the secondary zone of the Multi-species Ecosystem Recovery Implementation Team (MERIT) mapping. Therefore, coordination with the wildlife permitting agencies (FWC and USFWS) will likely be required as part of the environmental pennittingprocess. Since the survey transects were established to cover a minimum of 50% of each area of suitable habitat, it follows that approximately 50% of these areas may contain additional species, or evidence thereof. -12- - - - Agenda Item No. 17 A January 10,2006 Page 48 of 69 5.0 MANAGEMENT PLAN Because no evidence of listed species was observed during the surveys, no management plan is proposed at tbis time. However, the property owner will continue to coordinate with state and federal wildlife permitting agencies as part of any future development plans and environmental permitting. If listed species or evidence of listed species use is documented prior to development, coordination with the wildlife permitting agencies will occur to ensure an appropriate management plan is developed and implemented. -13- Agenda Item No. 17 A January 10, 2006 TRAFFIC GENERATION LIVING WORD CHURCH PROJECT SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA [YJwfUVUJ<t ~ MARCH 1,2005 «c.D0) r--0c.D a.. ...-0,- .N 0 « o -0 ~ S Z~L() "i E>,<D z <D'-OJ 0 ~curo -:Jo... ~ :; roc: "'Ocu c:, <D Ü OJ « 0 I ...J f a ... . ; , i.ln. .. a:r.:r.· lã!iii ô"''''''' 1~lIÌf!:l· ;:;. r .... i a.. « ~ z 0 t.:) ~ :z: LLI Ü 0 ...J ~ :E: 0 æ a:: 0 ::) ..J :E: u. 0 ~ c a:: z 0 ::) ~ 0 0 CJ a:: z w :> ::::¡ ::::¡ ..J 0 0 Agenda Item No. 17 A January 10, 2006 Page 51 of 69 INTRODUCTION The Living Word Church (Project) is a 35,000 sq. ft. church facility in Collier County that will include both the seating area and the office space for the project. The project will have 25,000 sq. ft. for assembly hall to hold 500 seats and 10,000 sq. ft. for offices, administration and activity rooms. The church will provide nonnal Sunday services and Sunday school. It is not anticipated that the church will provide any services during the week. The project is located on the south side of lmmokalee Road, approximately 1 1f2 miles east of its intersection with CR 951 (see location map). PROJECT ACCESS The project will have two accesses. One of these accesses will be at the tenninus of Ramsey Lane and the second access will be a right-in/right-out access at lmmokalee Road. TRIP GENERATION The trips generated from this development were estimated using data provided in "Trip Generation, 7th Edition" by the Institute of Transportation Engineers. The ITE Land Use Code 560 was used for estimating trips generated for a 35,000 sq. ft. church facility. Table 1 summarizes the trips generated for the project. The average rates for the trips generated are also included in the Appendix A of this report. Table 1 Trip Generation 24 Hour Day Time Enter Exit Two Way Volumes AM 14 12 Weekday PM 12 11 319 Saturday PM 88 36 363 Sunday AM 206 206 1282 LIVING WORD CHURCH TRAFFIC GENERATION PAGE2 ...<.~--_.~.-. Agenda Item No. 17 A January 10, 2006 Page 52 of 69 CONCLUSION A Majority of the traffic generated by the proposed facility is on Saturdays and Sundays. Thus this traffic will not have an effect on the weekday traffic. The majority of trips generated will use the link of Immokalee Road between CR 951 and Wilson Road. According to the 2004 Collier County Annual Update & Inventory Report (AUIR), the minimum level of service standard for this link of Immokalee Road is E and additionally four lanes are under construction. Thus the trips generated from the project will not have an adverse affect on the existing condition. LIVING WORD CHURCH TRAFFIC GENERATION PAGE3 EXHIBIT A TRIP GENERATION Agenda Item No. 17 A January 10, 2006 Page 53 of 69 LIVING WORD CHURCH PAGE 4 TRAFFIC GENERATION Agenda Item No. 17 A January 10, 2006 Page 54 of 69 Summary of Average Vehicle Trip Generation For 35.000 Th.Gr.Sq.Ft. of Church April 22, 2005 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two-Way Volume Enter Exit Enter Exit 319 14 12 12 11 24 hour Peak Hour Two-Way Volume Enter Exit 363 88 36 1282 206 206 Average Weekday Saturday Sunday Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS LrVrNG WORD CHURCH TRAFFIC GENERATION PAGE 5 Agenda Item No. 17 A January 10, 2006 Page 55 of 69 Summary of Trip Generation Calculation For 35.000 Th.Gr.Sq.Ft. of Church April 22, 2005 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 9.11 7.20 1. 00 319 7-9 AM Peak Hour Enter 0.39 0.00 1. 00 14 7-9 AM Peak Hour Exit 0.33 0.00 1. 00 12 7-9 AM Peak Hour Total 0.72 1. 88 1. 00 25 4-6 PM Peak Hour Enter 0.34 0.00 1. 00 12 4-6 PM Peak Hour Exit 0.32 0.00 1. 00 11 4-6 PM Peak Hour Total 0.66 0.99 1. 00 23 Saturday 2-Way Volume 10.37 16.74 1. 00 363 Saturday Peak Hour Enter 2.51 0.00 1. 00 88 Saturday Peak Hour Exit 1. 03 0.00 1. 00 36 Saturday Peak Hour Total 3.54 6.87 1. 00 124 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS LIVING WORD CHURCH TRAFFIC GENERATION PAGE 6 «CDQ) r--OCD .,.-0,- .N 0 o -CD Z ;:: L{) ¡:: >- Q) Q)L...CJ _rocc -::JCl.. ro¡:: "DCC C, Q) OJ « ç%z/ço o 1181HX] NV'1d H.LIS ìVfl.LdtDNOJ HJIDlHJ Á ìIWV!l mlO.M. DNIAIì .00 l = .1 :3lV:)S .OOl .ooT-:oso t ~ 3lYO z>9f 'S, 'I' Zt91 'S"] ozra-.... (arz) XV J r~ro-.rt (6rz) 3NOHd l L L10r VQ~Ol.:f 'S3ldVN Hlno:J (]æ..:lNVlS mirl ~NUI33NI~N3 N (..') S N !-10 [ ~ -. II II ~fi ~5 g. ~~ ~ ~ ~ ~ :; :; Ii; 2: ,¡ ... ~ d I . . I d ~ . ~ ~ e ê . 0 ~ ~ ~ fi ~ ~ f ~ ~ e ~ ~ ". ~ ~ is !oj ~ ~ f f ~ u ~ ~1!Hi~ tzJ ¡... Q,. ~ " ~d~: ::3 ~ 3 id ~ ID~lilD . . \~! . ~;Q ~I; ~ h~ . i~~ :g: \. ~ 1 \. I L ~I a'Vo~ 33lV)lO~~1 I . I ~ ~ 5ï! ~ ~ .g .~~ ..:.. d ~ .,.: " ê~ ; ~ ~ m .~ ð ~ ! ~ ~~ ~ -= V'OlèJ01.:l 'A1NnOJ èJ311l0J ;;- ~ ! !J! o ! o ~ .' .g' ~ a. i f o 3 < Q. ~ ~] " r '" . " § x ~ ~ o o . ~ o ~ ¡¡ !'i '" o ¡¡ u t: '3 Agenda Item No. 17 A January 10, 2006 Page 57 of 69 ., FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-200S-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same dis1rict or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ..J Adequate ingress & egress YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or L Affect mitigated by ~)j tll.AYe..~ _ 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) be recommended for approval to the Board of Zoning Appeals. ". .~ ;I DATE:~ I /[) J CHAIRMAN: fh~ EXHIBIT A Agenda Item No. 17 A January 10, 2006 Page 58 of 69 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-200S-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency ~and Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress",-egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use ~ district Yes ,/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: /~ - I ,.. 0 5 t:ZL MEMBER: EXHIBIT A I -, -"-_.----- Agenda Item No. 17 A January 10, 2006 Page 59 of 69 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2005-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with .the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes I 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) be recommended for approval to the Board of Zoning Appeals. DATE: pi J I D!)' MEMBER: f.-IJ~nd- ~£( ~tYl~ EXHIBIT A Agenda Item No. 17A January 10, 2006 Page 60 of 69 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION '"" CU-2005-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency 7: 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 vi No C. Affects neighboring properties in relation to noise, glare, economic or odor e~ _ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible 7tbin district Yes No DATE: Bt/' MEMBER: Based on the above findings, this conditional use should, with stip tions, (copy attached) be recommended for approval to the Board of Zoning Appeals. EXHIBIT A ., ..J ..., Agenda Item No. 17 A January 10, 2006 Page 61 of 69 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2005-AR-7749 The following facts are found: 1. Section 2.04.03~ Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency ¡the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No C, Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated ~DC D. Compatibility with adjacent properties and other property in the district: Compatible use ~ district Yes1 No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended ,fO:7"'Val to the Board of Zoning Appeal ~ DATE: MEMBER: r EXHIBIT A . . e Agenda Item No. 17 A January 10, 2006 Page 62 of 69 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2005-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate in7ess egress Yes . No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible US7thin district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. ~ DATE: 1"tJ} J 0 itS MEMBER: EXHIBIT A .. /- Agenda Item No. 17A January 10, 2006 Page 63 of 69 , FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2005-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated by _ Affect cannot be mitigated ðA\, rJ:~l...h /l....U'þ.,..~ oS.)...;" I t=...^ ".¡.., '"", D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~o Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE I).-I-ùr MEMBC.2~ EXHIBIT A Agenda Item No. t7 A January 10, 2 06 Page 64 0 69 RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABUSHMENT OF A CONDmONAL USE PURSUANT TO SECTION 2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR THE PROPERTY TO BE USED FOR A CHURCH FACll..ITY IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT, FOR A 18.1-ACRE PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COilJER 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, pursuant thereto the County has adopted a Land Development Code (Ordinance No. 04-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of the proposed Conditional Use, allowed by Section 2.04.03, Table 2 of the Collier County Land Development Code, in the Rural Agricultural (A) zoning district to be used for a Church Facility on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "An) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1O.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED by The Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Laura Spurgeon of Johnson Engineering representing Living Word Family Church with respect to the property described as the West V2 of the East V2 of the West V2 of the Northeast '14 less the South 10' thereof and the North 10' thereof for road right-of-way of Section 30, Township 48 South, 27 East, Collier County, Florida, less and except the right-of-way of Immokalee Road (County Road 846) as recorded in Official Records Book 3252, Page 230 of the Public Records of Collier County, Florida, further described as Folio number 00214920002, be and the same is hereby approved for a Conditional Use allowing a Church Facility, as allowed by Section 2.04.03, Table 2 of Page 1 of2 Agenda Item No. 17 A January 10, 2006 Page 65 of 69 the Collier County Land Development Code in the Rural Agricultural (A) zoning district in accordance with the Conceptual Master Plan (Exhibit "B"), subject to the conditions set forth in Exhibit "C", which is attached hereto and incorporated by reference herein. This Resolution adopted after motion, second and super-majority vote, this day of ,2006. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Chainnan A TrEST: DWIGlIT E. BROCK, CLERK By: , Deputy Clerk Ap leg CU-2005-AR-77491HW/sp Page 2 of 2 Agenda Item No. 17 A January 10. 2006 Page 66 of 69 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: CHAIRMAN: EXHIBIT A Agenda Item No. 17 A January 10, 2006 Page 67 of 69 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2005-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fIre or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above fIndings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: MEMBER: EXHIBIT A <{(Dm r--Oc.o ...-0_ .N 0 o ·CO Z~c.o E>.aJ aJ.....OJ _coco -::¡o... COC "DCO C-, aJ OJ <{ M \Q Q Q Ø\S ~ t!~an< i~Q~:S :CI:~~,.;¡ !~~~~ ~Q[;¡'¡ .... ) Q"":I ;¡;l e ~~O[-o ~ef~~ ex¡ - :E ~ ----- o '8HXJ ..... NVId 3'.LIS ïVfU.cIíONO;J H:)~ Å"1JWV:I cnIOA\ DNL\r1 c%t/ço .... ~..., ..., - 1:." 'n OttlS-..n- (Itt) X'fJ ttfO-K" (act) 3NONd Z a Ltt "'0lIO'\1 's::JW¥N UJI''IO;:) OW.:INVJ.S oça 9NIH33NI9N3 N8SNHOf !.! - D . ~- i!p-J I r; r. I W.,.·· , ~ ~ ~ ~ at . I . * ~ . ¡ . . . I ~ ~ ; ; . Hi II n ~ r n ~ltil ~liJi; .D~rnlill -. ---'--- -- --~- Vii ... -., '" III ¡sl "5 .OCH . ..~ :rrr::s :J oJ';/ ~ ~ V ~ , ~ , ~~ . I ! ~ a .: .- - . II ... . .. t II ~~ g d iU If ~ a~O¡ 33'~)l0I'1I'1I ì /<:j \ V'OIè!Olj 'À1NnOJ è/31l10J .:> I ! ]; ~ i j 1 i I f ¡ · : ! r [ M ~ · ~ ~ · f ~ · - ~ i o § I N f Agenda Item No. 17 A January 10, 2006 Page 69 of 69 CONDITIONS OF APPROVAL CU-200S-AR-7749 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Living Word Family Church Conceptual Site Plan," prepared by Johnson Engineering, dated May 20, 2005. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. 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, so long as these minor changes remain consistent with all applicable development standards. 2. 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 04-41, as amended. 3. The project must obtain an environmental resource permit from the South Florida Water Management District (SFWMD) prior to issuance of any site plan approvals. 4. The applicant will provide, at the County's request, a wellsite easement located in a previously impacted area in the southeast portion of the subject property measuring approximately 50 feet by 70 feet, to be accessed via the Cannon Boulevard access easement. The County will obtain all necessary South Florida Water Management District permits associated with utilization of the site for the requested purpose. 5. Services will be limited to evenings, weekends and holidays until the Immokalee Road (CR 846) widening project is complete from Wilson Boulevard to Collier Boulevard (CR 951).d 6. No day care facilities are approved as a part of this Conditional Use petition. EXHIBIT "C" CU-200S-AR-7749 Agenda Item No. 178 January 10, 2006 Page 1 of 118 EXECUTIVE SUMMARY PUDZ-2004-AR-5431 - Cambridge Square CPUD: C & R Realty of Richmond, Inc, represented by Robert L. Duane of Hole Montes, Inc., and R. Bruce Anderson of Roetzel & Andress, is requesting a rezone from Estates "E" and Planned Unit Development "PUD" zoning districts to the Commercial Planned Unit Development "CPUD" zoning district to be known as Cambridge Square CPUD, an office and retail development consisting of a maximum of 80,000 square feet of commercial development and 35,000 square feet of office uses located on approximately 16.1 acres, on the northeast corner of the intersection of Pine Ridge Road (CR 896) and Livingston Road, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to amend the Cambridge Square Planned Unit Development (PUD) as noted below and to make sure that the project is in hannony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property is 16.1 ± acres in the Estates (E) and Cambridge Square Planned Unit Development (PUD) zoning districts, located on the northeast comer of the intersection of Pine Ridge Road (CR 896) and Livingston Road. The existing PUD has three tracts. Tract A is not altered by the petition and contains a developed office park. Tract C is the preserve tract. The applicant surveyed the preserve area and has made minor corrections to the PUD document and master plan to reflect the actual preserve acreage, which has changed over time. Tract B is proposed to be expanded with the addition of 3.31 acres. Permitted uses in this tract, if approved, would be amended to remove schools and nursing homes as permitted uses and would allow a variety of retail uses in their place. The neighboring residential community to the north has expressed support for the proposed amendment. However, residents have repeatedly objected to any interconnection to Livingston Woods Lane from the project. The Transportation Division originally requested an ingress-only connection from the residential area, but upon receipt of the public comment decided not to pursue this. The Collier County Planning Commission suggested a pedestrian interconnection, but this idea was unacceptable to the applicant based on previous discussions with neighboring residents. -, The proposed expanded PUD is compatible with the surrounding area. It is located on the comer of a major intersection and extends the commercial district between Livingston Road and Interstate 75. The entire Livingston Road corridor is growing in population. The amended Cambridge Square PUD could provide necessary retail and service opportunities to support the new residential developments in the area. The PUD will be separated from single-family homes Agenda Item No. 17B January 10, 2006 Page 2 of 118 to the north by an eight-foot high wall and landscaping. The west and south are along major roads, and the eastern side of the PUD is preserve. 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 Estates Designation - Pine Ridge Road Mixed Use Subdistrict, as described in the Future Land Use Element and the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). This district has specific criteria for development, such as limitations on permitted square footage, permitted height of structures and minimum setbacks. Comprehensive Planning staff finds that the proposed PUD is consistent with the GGAMP and 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; therefore, Comprehensive Planning staff recommends that the petition be deemed consistent with that FLUE policy. TRANSPORT A TION REVIEW: The Transportation Division reviewed the petition for consistency with the objectives and policies of the Transportation Element ofthe Growth Management Plan. Staff finds the petition to be consistent with all policies. - Agenda Item No. 178 January 10, 2006 Page 3 of 118 ENVIRONMENTAL ISSUES: Environmental review staff has evaluated the proposed PUD; 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 new wetland or listed species impacts proposed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on December 1, 2005 and with a vote of 7-0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the following stipulations: 1. The applicant's commitment to provide a donation of $0.50/square foot of development to the Collier County Affordable Housing Trust Fund shall be incorporated into the PUD document; 2. The PUD document shall limit size of each retail use or tenant in tract B to 25,000 square feet, and hardware stores shall be limited to 15,000 square feet; 3. The note indicating ingress-only access to the project from Livingston Woods Lane on the Master Plan shall be removed; 4. Remove auto and home supply stores and automotive services from the pennitted uses list section 8.2.A of the PUD document, which refers to tract B; 5. Add a deviation explanation for section 10A.H of the PUD document; 6. Clarify section 10 .1.B pertaining to roadway dedication; 7. Clarify the definition of "essential services" in section 8.2.B.1 of the PUD document; and, 8. Include a stipulation in the PUD document that no Certificates of Occupancy are to be granted until December 2006. The applicant has addressed the CCPC recommendations by making changes to the draft PUD document. In addition to the stipulations placed on the recommendation, the CCPC had a general discussion on the following topics: pedestrian access to the residential neighborhood north of the proposed PUD; the Transportation Impact Statement review; and, concurrency management. Because the Planning Commission voted unanimously to recommend approval and there was no opposition to the project this petition may be placed on the summary agenda. LEGAL CONSIDERATIONS: - Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the Board of County Commissioners (BCC) must be based. The legal Agenda Item No. 178 January 10, 2006 Page 4 of 118 considerations are based upon the listed criteria in Chapter 1O.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 bv staff 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 Transportation 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 approve PUDZ-A-2004-AR-5431, which would amend the Cambridge Square PUD, noting that, in staff's opinion, the request is consistent with the GMP Future Land Use Element designation. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review '-' Item Number: Item Summery: Meeting Date: Agenda Item ND. 178 January 10. 2006 Page 5 Df 118 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 178 This item requires that aU participants be sworn in and ex parte dìsctosure be provided by Commission members. PUDZ~A~2004~AR~5431: C & R Realty of Richmond, loc, represented by Robert L. Duane of Hole Montes, tnc., and R. Bruce Anderson of Roetzel & Andress is requesting a rezone from Estates E and Planned Unit Deve!opment PUD zoning districts to the Commercial Planned Unit Development "CPUD" zoning district to be known as Cambridge Square CPUD, an office and retail development consisting of a maximum of 80.000 square feet of commercial development and 35,000 square feet of office uses located on approximately 16.1 acres, on the northeast comer of the intersection of Pine Ridge Road rCR 896) and Livingston Road. in Sec1ion 7, Township 49 South, Range 26 East Collier CDunty, Florida 1110120069:00:00 AM Principal Planner Date Prepared By Heidi Williams Community Development & Environmental Services Zoning & Land Development Review 12/1212005 5:46:21 PM Sandra Lea Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admïn. 12/13/20059:30 AM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & EnvÎronlnemal Services Admin. 1211312005 11 :09 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 12/15/200510:51 AM Approved By Zoning & Land Development Director Date Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Review 121161200510:41 AM Approved By Assistant County Attorney Date Marjorie M. Student COUnty Attorney County Attorney Office 121161200511:27 AM Transportation Division Administrator Date Approved By Norm E. Feder. AICP Transportation Services Transportation Services Admin. 12/22/20058:33 AM Joseph K. Schmitt Date Approved By Community Development & Envíronmental Servíces Community Development & Envíronmental Servic.es Admìnstrator Community Development & En....ironmental Services Admin. 12128120056:26 PM Mark Isackson Budget Analyst Date Approved By County Managers Office Office of Management & Budget 12/30/20058:45 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1213012005 1 :53 PM Agenda Item No. 178 January 10, 2006 Page 6 of 118 Petition No.: APPLICATION FOR PUBLIC HEARING FOR: []PUD REZONE (pUDZ) []pun TO PUD REZONE (PUDZ-A) 2ND RE-SUBMITT AL Planner Assigned: _ PUDZ-A-2004-AR-5431 PROJECT #2004020057 Commission District: DATE: 6/9/05 - HEIDI WILLIAMS Date Received: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Pine Ridge Livingston Development. LLC C & R Realty ofRicbmond. Inc. Applicant's Mailing Address 12810 Tamiami Trail North. Naples. FL 34110 12062 Collins Reserve Drive. Naples. FL 34110 City Naples State Florida Zip 34110 Applicant's Telephone # 239-593-3777 Fax # 239-593-3532 Applicant's E-Mail Address:_[KAnkney@gatesmcvey.coml Name of Agent Robert L. Duane Firm. Hole Montes. Inc. Agent's Mailing Address 950 Encore Way City Naples State Florida Zip 34110 Agent's Telephone # 239-254-2000 Fax # 239-254-2099 Agent's E-Mail Address:bobduane@holemontes.com Name of Agent Bruce Anderson Firm. Roetzel & Andress Agent's Mailing Address 850 Park Shore Drive. Trianon Center - 3rd Floor City Naples State Florida Zip 34103 Agent's Telephone # 239-649-2708 Fax # 239-261-3659 Agent's E-Mail Address:banderson(a).ralaw.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-24001FAX (239) 643-6968 H:\] 997\] 997097\ WP\PUD\PUD AppJicationRev050603.doc Agenda Item No. 178 January 10, 2006 Page 7 of 118 *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: Golden Gate Estate Area Civic Association Mailing Address 761 17th Street SW City Naµles State --E1-. Zip 34114 Name of Homeowner Association: Kensington Park Master Association Mailing Address 2700 Pine Ridge Road City Naples State FL Zip 34112 Name of Homeowner Association: None Mailing Address City State _ Zip Name of Master Association: None Mailing Address City State _ Zip Name of Civic Association: None 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 H:\1997\1997097\WP\PUD\PUD ApplicationRev050523.doc ..""".......-.--"--.'.' Agenda Item No. 178 January 10, 2006 Page 8 of 118 b. lfthe property is owned by a CO~ORATION,list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office C & R Realtv of Richmond. Inc. 12062 Collier's Reserve Drive Naples, FI 34110 Percentage of Stock 100% Ron Schlemmer. President 12062 Collier's Reserve Drive Naples, FL 34110 88.3% Deanna Dodge 32 Maureen Drive Hauppauge, NY 11788 5.85% 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 ofIntcrest 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 Pine Rid!!e Livin!!ston DeveloDment. LLC 12810 Tamiami Trail North, Naples, FL 34110 GM Realtv Holdin$! Company. LLC Percentage of Ownership 100% 93% CManagingMember) Ron Schlemmer. 12810 Tamiami Trail North. Naples. FL 34110 7% (see also next page for further info) 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 H:\1997\1997097\WP\PUD\PUD AppiicationRev050523.doc Pine Ridge Livingston Development, LLC Ownership: GM Realty Holding Company, LLC Ron Schlemmer GM Realty Holding Company, LLC Ownership: RED-FLA, LLC Crawford Florida, LLC Gates Holdings, LLC Stephen V. Robison, LLC Crawford Florida, LLC Ownership: Richard S. Crawford Gates Holdings, LLC Ownership: Todd E. Gates Stephen V. Robison, LLC Ownership: Stephen V. Robison RED-FLA, LLC Ownership: Dale Watchowski Paul Stodulslå Greg Erne Sosnick Family Investment Limited Partnership Sosnick Family Investment Limited Partnership Sosnick GP, Inc. - General Partner .~"---".,~...,, 25% 25% 25% 25% 100% 100% 100% 15% 3% 2% 80% Agenda Item No. 178 January 10, 2006 Page 9 of 118 93%(Managing Member) 7% ----..- Agenda Item No. 17B January 10, 2006 Page 10 of 118 Date of Contract: N/ A f. If any contingency clause or contract tenus involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Addxess g. Date subject property acquired ( ) leased (X): 2-25-2005 Term oflease ~.Imos. If, Petitioner has option to buy, indicate date of option: Feb. 25. 2006 and date option terminates: 2060 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 Ie2al descriDtion of the DroDertv covered bv the aPDlication: (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 con-ect legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 7 Township: 49 South Range; 26 East Tracts: 1. 12. 13 & 28 Block: _ Subdivision: Golden Gate Estates Unit 35 25120010065 25120010081 25120010104 Plat Book-Z- Page #: 85 Property LD.#:38452120005 25120010023 25120010049 25120010120 25120010007 25120010146 25120010162 25120010188 25120010201 38450040006 38451000003 Metes & Bounds Description: 4. Size of orooertv: ±1250 ft. X 550 ft. = Total Sq. Ft. ± 701.000 Acres 16.1 5. Address/2eneraI location ofsubiect prODertv: 3431. 3435. 3439. 3443. 3447. 3449. 3451. 3455. 3459. 3463. and 3467 Pine Ride:e Road. Naples. Florida H:\l 997\1 997097\WP\PUD\PUD AppHcationRev050523.doc Agenda Item No. 17B January 10, 2006 Page 11 of 118 6. PUD District (LDC 2.2.20.4): o Residential 0 Community Facilities rg¡ Commercial 0 Industrial 7. Adjacent zoning: and land use: Zoning Land use N Estates Residential S PUDIC Baldridee/vacant E AG/CU Nursery W PUD Naples Gatewav/Preserve/Commercial 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 Township: Range: Section: NI A Lot: Block: Subdivision: Plat Book_ Page #: Property LD.#: Metes. & Bounds Description: 8. Rezone Reauest: This application is requesting a rezone from the PUD zoning district(s) to the CPUD zoning district(s). Present Use of the Property: Tract A developed with office uses on ±3.4 acres. Balance of lands vacant with exception 0[2 smele family homes at the intersection of Pine Ridge and Livingston Roads Proposed Use (or range of uses) of the property: Retail and office uses Original PUD Name: Cambridge Square Ordinance No.: 98-89 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 naITative H:\I 997\1 997097\WP\PUD\PUD ApplicationRev050523.doc Agenda Item No. 17B . January 10, 2006 statement describing the rezone request with specific reference to the criteria n6ågè bêloW.18 Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 2.7.3.2.5) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utüities. ResPonse The area is suitable for non-residential uses that are allowed by the Pine Ridge Road Mixed Use Sub-District, at the intersection of Pine Ridge Road (an arterial roadway) and Livingston Road (a collector roadway). Furthermore, the GMP allows non-residential uses that includes up to 40,000 S.F of office uses on the northwest comer of Pine Ridge Road and Livingston Roads. This property is designated in the GMP as the LivingstonlPine Ridge Commercial Infill Sub-District. Lands on the southeast comer of Pine Ridge and Livingston Road are zoned for a commercial planned development, allowing up to 125,000 S.F of office or retail use. The GMP also designates this corner as the Livingston/Pine Ridge Road Commercial Infill Sub-District. The southwest comer of the intersection of Pine Ridge and Livingston Roads is developed with the La Costa Apartments and a water management area for Livingston Road. Lands to the east of the subject property are located in the Interchange Activity Center as designated in the Future Land Use Element and are zoned for the Naples Gateway PUD that allows for non-residential uses. In summary, based on the foregoing, the subject property is well suited for a neighborhood center given its access and orientation at the intersection of two six lane roadways, its proximity to interchange 1-75 Interchange, and surrounding existing and authorized interchange commercial and neighborhood retail and office uses. 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. ResPonse Vacant lands subject to this PUD Amendment are under unified control. 3. Conformity of the proposed PUD with the goals, objectives and policies olthe growth management plan. ResPonse H:\1997\1997097\WP\PUDIPUD AppIicationRcv050523.doc Agenda Item No. 17B January 10. 2006 The subject property is consistent with the goals and objectives of The Golden Gate Ar€á!MâStéi 118 Plan and the Pine Ridge Road Mixed Use Sub-District that is the Future Land Use Designation for the subject property in the Golden Gate Master Plan. The intent of the Pine Ridge Road Mixed Use Sub-District is to provide for a mix of both retail and office uses to provide for shopping, and personal services for the surrounding residential areas within a convenient travel distance, and to provide commercial services in an acceptable manner along a collector roadway, Livingston Road. Well planned access points will be used to improve current and future traffic flows in the area according to this Sub-District and a maximum of 80,000 square feet of office and retail space is allowed in the western ± ten acres of this Sub-District. The uses allowed by this Sub-District are those allowed in the commercial (C-3) district of The Collier County Land Development Code as of the effective date of the adoption of this Sub-District (Ordinance 03-01) adopted January 16, 2003. The C-3 uses are not an entitlement. Such uses will be further evaluated at the time of rezoning approval to insme appropriateness in relation to surrounding properties according to the Sub-District. Building heights are limited to 35 feet and the rezoning is encouraged to be submitted as a CPUD according to the Sub-District. The proposed CPUD rezoning for Cambridge Square is in the form of a PUD and building height is. limited to a maximum of35 feet. Therefore, compliance can be established with this criteria with the limitation of 35 feet in the PUD. The uses contained in the PUD are C-3 related uses that are designed to be consistent With the intent of the Sub-District, and the proposed uses are furthermore, to provide for shopping and personal services for surrounding residential areas as contemplated by the Sub-District. The Pine Ridge Road Mixed Use Sub-District also includes additional criteria that are set forth as follows. A. There shall be no access to Livingston Woods Lane. As noted in the cover letter accompanying the sufficiency responses, it is noted that only ingressing vehicles are proposed on Livingston Woods Lane. It is understood that this proposed access will require an interpretation of the B.C.C., per comments from the Growth Management Department and plans for access onto Livingston Woods Lane will be deleted if neighborhood opposition results to the proposed request. B. There shall be a minimum setback area along the north property line of 75 feet. This setback is established in the CPUD and on the Master Plan to provide consistency with this criteria. C. Driveway access, parking and water management facilities may be allowed within the 75 foot setback area along the north property line but none of the uses shall be located closer than 30 feet to the north property line. The CPUD Master Plan provides for the above requirements and the water ·management area is set back 30 feet from the northern property line to satisfy this requirement. D. No free standing automobile parking lots, homeless shelters or soup kitchens shall be permitted. H:\1997\1997097\WP\PUD\PUD ApplicationRev050523.doc Agenda Item No. 178 January 10, 2006 Page 14 of 118 These uses are not contained within the proposed PUD to establish consistency with this requirement. E. The eastern 2.59 acres, more or less, of tract 28 shall be preserved as wetlands. The CPUD Master Plan and PUD Ordinance provide for the preservatio~ of this area comprising of + 2.5 acres to establish consistency with this requirement. F. Within the western ±10.2 acres, a loop road/easement will be constructed through the property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. A loop road is depicted on the CPUD Master Plan and provisions are incorporated into the CPUD Ordinance to establish consistency with this requirement. Based on the foregoing, the proposed rezoning request can be found consistent with the provisions of the Pine Ridge Road Mixed Use Sub-District and consistent with the GMP, not withstanding how the B. C. C. may interpret what kind of access if any is pennitted onto Livingston Woods Lane. 4. The internal and external compatibüity of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Response Internal and external compatibility of proposed uses within this CPUD are appropriately located to satisfy this criteria, and screening, buffering and a wall are provided along the north property line to establish compatibility with residential uses to the north. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Response The LDC requires 30% open space or 4.9 acres and 6.4 acres is provided including ± 2.5 acres of wetlands to be preserved in the open space area, therefore, sufficient to accommodate the needs of the proposed development. (See proposed CPUD Master Plan.). 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response H:\l 997\1 997097\ WP\PUD\PUD ApplicationRev050603.doc Agenda Item No. 178 January 10, 2006 Based on the results of the T.I.S. submitted with the Application, transportation fi'ci:itl'ijšc!rê18 adequate to satisfy the proposed development. Sewer and water facilities are also available to satisfy the needs of the proposed CPUD in proximity to the proposed development. A fire station on the south side of Pine Ridge Road is also available to provide fire protection in proximity to the proposed development. The proposed CPUD, therefore, has adequate facilities available to support the needs of the proposed development. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Re~onse The subject property and surrounding areas with access to collector and arterial roadways can accommodate the expansion of non-residential and other uses as allowed by the Golden Gate Master Plan and Collier County GMP. 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. Response The proposed PUD regulations are designed to further a public purpose by implementing the requirements of the Pine Ridge Road Mixed Use Sub-District to provide convenient access to good and services as contemplated by the Pine Ridge Road Mixed Use District. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such res1rictions. 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 propertv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Yes - Comprehensive Plan Amendment to amend the Pine Ridge Road Mixed Use Sub-District to add ± 3 acres and to allow for 80.000 S.F. of office and retail uses. 11. Additional Submittal reauirements: 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: HUT if àffordable housing, Joyce Ernst, if residential and ImmokaleelWater Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8Y2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPe]; H:\1997\ 1997097\ WP\PUD\PUD ApplicationRevOSOS23.doc ---..-.- Agenda Item No. 178 January 1 0, ~006 Page 16 of 118 .. 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 (ElS), 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 scalç of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). . f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); 1. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. J. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) H:\l 997\1 997097\WP\PUD\PUD ApplicationRcvOS0523.doc Agenda Item No. 178 January 10, 2006 Please be advised that Section 2.7.2.3.2 (3) of the Land Developliiêit ~6iiê 18 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. H:\199111997097\WP\PUD\PUD App1icationRev050523.doc Agenda Item No. 178 January 10 2006 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONEREOUE~ge 18 ~f118 1. NAME OF APPLICANT: Cambridee Sauare 2. MAILING ADDRESS: 1601 Jackson Stree~ Suite 200 CITY NaDles STATE Florida ZIP 33901 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 3431.3435.3439.3443. 3447.3449.3451.3455.3459.3463. and 3467 Pine Ridee Road. NaDles. Florida 4. LEGAL DESCRIPTION: Section: 7 Township: 49 South Range: 26 East Tracts: 1. 12. 13 & 28 Block: Subdivision: Golden Gate Estates Unit 35 25120010065 25120010081 25120010104 Plat Book-1- Page #: 85 Prop.I.D.#:38452120005 25120010023 25120010049 25120010120 25120010007 25120010146 25120010162 25120010188 25120010201 38450040006 38451000003 Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM rg¡ b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM D PROVIDE NAME d. PACKAGE TREATMENT PLANT D (GPD capacity) e. SEPTIC SYSTEM D 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) [8] D D D 7. TOTAL POPULATION TO BE SERVED: 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 12.000 GPD AVERAGE DAILY 8.000 GPD B. SEWER-PEAK 16.800 GPD AVERAGE DAILY 11.200 GPD H:\1997\1997097\WP\PUD\PUD AppiicationRevOSOS23.doc . Agenda Item No. 178 January 10, 2006 . 9. IF PROPOSING TO BE CONNECTED TO COLLŒR COUNTY REGIONA!f.?ge 19 of 118 WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 1 O. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County' s utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utilitY easements for serving the water and sewer systems. 12. STATEMENT OF A V AILABll..ITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the proj ect is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 H:\1997\1997097\WP\PUD\PUD AppJicationRev050S23.doc Agenda Item No. 178 January 10, 2006 PUD REZONE APPLICATION Page 20 of 118 SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIE REQUIRED REQUIRED S 1. Completed Application/PUD documents 24* 24 2. Copy of Deed(s) and list identifying Owner(s) and an Partners 2* 2 if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 2 4. Pre-application notes/minutes 24* 24 5. Conceptual Site Plans 24* 24. 6. Environmental Impact Statement - (EIS) 4 waiver 7. Aerial Photograph - (with habitat areas identified) 5* 5 8. Completed Utility Provisions Statement (with required 4 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 7 10. Historical & Archaeological Surveyor Waiver Application 4 N/A X 11. Copies of State and/or Federal Permits 4 N/A X 12. Architectural Rendering of Proposed Structure(s) 4 N/A X 13. DAppIication Fee - "PUD Rezone" = $10,000 + $25 per acre $10,500 DComprehensive Planning Consistency Review = $2,250 Inc. -rg:¡ 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 version of the PUD on a disk as part of the Inc. submittal packet. 15. Affordable Housing Density Bonus Agreement including all 4 N/A X Aooendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 5 17. OTHER REQUIREMENTS: 4 4 Most current aerial showing outline of project- Per Pre-Application Meetinf Notes * Documents required for Long-Range Planning Review *1 additional copy if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ~~ Agent! Applicant Signature <) ~~ ~/z.t:ÞI'>- // ,- v Date H:\ 1997\ 1997097\ WP\PUD\PUD ApplicationR.ev050S23.doc Agenda Item No. 17B January 10, 2006 Page 21 of 118 AFFIDA VIT Well, Stephen V. Robison being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner WelIfurther authorize Robert L. Duane & Attv. Bruce Anderson to act as our/my representative in any matters regarding this Petition. Pine Ridge Livingston Development, LLC By' ~--- Stephen V. Robison, Manager Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 10 day of March. 2005, by Stephen V. Robison who is perso'l1O.l{v 1mp'W7'l tQ me or jUi.) prvJrM,;t;d /1S. icltrúìfi~uiivn. , KAREN B. ANKNEY ¡. MY COMMISSION' DD 254795 ., '. EXPIRES: Deoemb&r 20,2007 !IondId TIru ~ PtåIc Uno:!IniriIInI '-K.(} ,,,(:, ~ ' '.?). (J /H Cr> ,.--Á. " , J..... (Signature of Notary Public - State of Florida) State of Florida County of Collier (Print, Type, or Stamp Commissioned Name of Notary Public) Agenda Item No. 17B January 10, 2006 Page 22 of 118 AFFIDA VIT . I, Ron Schlemmer, as President ofC & R Realty of Richmond, Inc., a New York corporation, being first duly sworn, depose and say 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 ge1'l£rated 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 ow1'l£r We/I further authorize Robert 1. Duane & Attv. Bruce Anderson to act as our/my representative in any matters regardžng this Petition. ," I cputy If ¡c,,"ond. Inc. . /1.,11./ .k~ v]~, , Signature of Property Owner Signature of Property Owner Ron Schlemmer, its President /~ (I , ) \"~,4 L.~? -.JCHU~'1 fo1 clt Typed or Printed Name of Owner Typed or Printed Name of Owner The [oregOi,,:.g instrument was acknowledged before me this ! 5 .¡...!:; day of f1rT>r , by Knr.... Soh ~irlít\.( ,I"" who is personally known to me ud~ p.1:Jt.h.&d filS iderffijielftit,". , 200 .;- , Œ"''':'~ KAAEN8.ANKNEY tot' .~.\ MY COMMISSION' DO 254795 ~ .;ë EXPIRES: Decømber20.2007 "~·.r,'~In.~\\ 80ndød ÏhIU NotIvy NiIr: UndnIt.. State of Florida County of Collier '" 1 j '-¡,:::"..(t ;f /. ,..'\ '\ r \~) \..l ~ ........~ . ¡'" ( Ii¡ /\ ~\ (~'-'¡~d l '.-f; . '" ~ - . ~ ...) (Signature of Notary Public - State of Florida) (print, Type, or Stamp Commissioned Name of Notary Public) · .-....---.-- TRAFFIC IMPACT STATEMENT (TIS): Agenda Item No. 17B January 10, 2006 Page 23 of 118 A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected majorthorougbfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decellanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system.. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4,5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: . 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (phasing) of Development H:\1997\1997097\WP\PUD\PUD ApplicationRev050S23.doc TRAFFIC IMPACT STATEMENT mS) STANDARDS: Agenda Item No. 17B January 10, 2006 Page 24 of 11 8 The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: ~ . Trio Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. . 2. Trio Assi2D.ment: Provide a map depicting the assignment to the network:, of those trips generated by the proposed project The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existin2 Traffic: Provide a map depicting the cUlTent traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI 4. Level of Service (LOS): The LOS of ~ roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Develooment Influence (RDD: The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments ftom the proposed project on the major thoroughfares exceeds one percent of the LOS "cn. Land Use Distance Residential 5 Miles or as required by DRl Other (commercial, industrial, institutional, etc.) o - 49, 999 Sq. Ft. 2 Miles 50,000- 99,999 Sq. Ft 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles . In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6 . Intersection Analvsis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Baclœround Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed H;\l 997\1 997097\WP\PUD\PUD ApplicationRev050523 .doc Agenda Item No. 17B January 10, 2006 project shall be provided. This information shall be depicted on a map or, altemii§~l~ Rí â.18 listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that· which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land D~velopment Code. This estimate shall be for the proj ected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Throueh Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. PlannedlProuosed Roadwav Imurovements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Proiect Phasine: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a proj ect are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively µursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 2.2.20.2.3) H:\1997\1997097\ WP\PUD\PUD ApplicationRev050523.doc r 1W ....,_.-..".......--..' 3567085 OR~g~~4âllrF Þ·~ßrj21 DeOlDlD ill OllICI1J. UcoDlapt ~, lL 03/01/2005 at 01 :19" DIIGftI. lOa, CLIU COla 6910000;Ðft DC 01 18 DO(-.70 f8370,1I1I . t>t. I&:S -'10 Prapeny Appraiser's Pan:eJ Identification No. 38450041005, 38450040006 &lid 38451000003 ThIs ÏIIItruDIimt __ pn:pared without opWcm oftitlc by IDd After 1lec:ozdùIr 1letam to: Doaps A. Lewis, Esq. RøeIzd .t ADdn:ø, A Lep1 Pro!eaioaaJ AIIociaIicm TÓIIIIID CeD1œ, 'I'hiId F100r 8SO Puk Shore Drift NIpIes. Florida 34103 239/649-6200 Reb: OlDnSOI lWILII IT 1J, P 0 B01 '280 " ITIU lL 33902 0280 is...... ÙO¥e tIús line far recmd!n.. data) TRUSTEE'S WARRANTY DEED TIiIS TRUS'I'BB'S DEED DIIde the t95 -t-h dayo!Febnlary, 2005, by Genrd A. McIIaIe, 11'.,. s.-r TI'IIItee of&lae N.,. GatInraJ Lad TI'UIt IIIIdw............1aDd tnIIt acr-at date J)cocuù. III, 1m, wboIc post oŒccåJn:aia 1601 JacbœStr=, SuiteIJ2OO. FonM,ea. PI. 33901 (bniaafIerClJled1be -GraaIor"). toC&:R RaIty.mw.--. I.ac.. aN_ YorItCGl'pOntin, wløcpostoffice addzea ÌlI2B10Tamimai Trail North, Naples, PI. 341 J 0 (hereiDa8ao coDectivcIy CIJled the "GIaaIee"): . (WhI:moer IIIed IIeæiD the tams "Grm1Dr" ad "Gnmee" iDcIude all the ,.nies ID tbis ÏDsInIIDcIIt ad !be hcùs, JepI 1..}Q......dIQnoI ad uaips of iDdividuaIs, IDd the --.-aad IIIÎpI of c:arpumâoas) WITNESSETH: That the GnmIar, for ad . ~~.rcœiptwbaøaCÎlbeœby .. COIIfinm IIIIID die GIaœe, aD that Tract 1, GOlDEN GATE Boat 7. Pa&= 85, leu Florida; DId of !be am ofT_ DaDe. and odJer ....1aabIe seDI........... I*'-.cœftJS vi%: AND the Ormtor ad COIIYey iaid JIIId, aad hacb1 die JawmI claims of aD perIÐIII Sipcd, IaIed IIId delivered in oar pretaDCe: Û___ .~. G-,''-~ Wibles¡Nuœ: y.....f''' ~ .1. J1,)\ bl< J;- ~o/~l~.r STATE OF FLORIDA ) ) IS: COUNTY OF COUJBR } The foresoinl ÌIIIIrIIDIcIIt was aclaxnried¡ed beCcm me IiIÍI ~ åay of Febnary, 2005, Gerard A. McHale, Ir ~ u Succeuor TIIIItee of die Naples Gateway LUId. TnIIt IIIIdcr 1IZII'eCaIåed !mid II1IIt apeeDIIIIt daIcd December 10, 1992, wbo~ pe:sonaDy IaIown to me. or ( ) who bas produced IS ideDlification. ~~~'-.r NOTARYPUBU NotaryNamc: Mary I ntl RrP'\1,. (Type ar PriaI) My CommåIsion Expir=: (NOTARY SEAL) ~. ~ I'UIILIC r leootoF' ¡-"J.OAfno - . AiJ"bWTJ.G; Narl>l:f . ,., -~~ ....- _. ... " M,4.RY LOU BREAZ COMMISSION DD04S2fJ9 EXPIRi!S AUG 07 2005 DONDm 1HROUGft ttt OR: 3m~m:; ~2·~~tt* Page 27 of 118 . 'PI'..RMrrTED EXr.EPTlONS 1.· Taxes md ~f;I for the ,. 2005 IIId an subscqueDt yem which uc not yet due IDd plYlble. 2. Subjectlands lies within 1beboallltariesfor SoIidWute Collection, CoUierCounty,Florlda,md will be subject to tùtu.re UlrtWfW* by Collier County. The u~·.......m. for the cumDt year an payable with the ad va1cmm.taus. 3. ADylienpmvidedbyCbapler 1 S9P1orida Statuts, in favorofaøyœmicipa1ityorlUtbøri1yforUDpaid cbar¡a far servú:es by my water, BeW«' Of pa system to the laDd described bCRin. 4. ReIoiution eøabUshiD¡tbc Tr-nh\ee Juea PIauniDcDiltrictmd dec:lariDgtbeinteDtof1he Board ofCoaotyC..-m....oaaøtoenactacomprehamive2'.lllllin1 ordiDaœ fartheCoutalAra.P1amúDø Distriet of Collier CauDty, nccmied May 6, 1976. in Ofticia1 Records Book 649. Pap 1239, etseq., of the Public Records of Collier County, Florida. 4. . Restrictioaa,conditioas, ~.~. udofhermatlelac:cmtaiœdan tt.PlatofGoJden Gaœ E.- Unit No. 35, .1'eCOIIied in Plat Book 7, Pap 85, of the Public Recœds ofCoUier CouDty, Florida. S. 30 £oat mid rigbt-of-way aloas tbD DOrth lot 1iDea .1IbowD QQ the pJú. 6. TempoaryDrivewayRestøraûœ 1tA:cords2631, Pap 188, et oticcofI.JsPcDdcas recardediDOflkial Coanty, Florida. 7. Oil, ps,1IIiDera1, or DeedBook30,PaSd , bas bcc:D made IS to 8. . nconiod iD Deed Noclc:tamiaatiœbu 9. 10. ·11. CcmIIIIDtI, c:oaditiœs,md 2891, crt Ieq.. of the Public 12. Resolution 1CCOI'dcd in Official Records 80, Pap IB3, ct seq., oftbc Pubtic Recorda ofCoDicr CoaDty, Florida. ,iDOfIioiaIRIIcœdI2620,høo 13. Unless IUbscqucmt pip IIUDIbrø IIRIIIpCCÜbIIy deIcribed, the pep mCIœDCC of1be ÏìøbIlW<'41l . ofœccml IS dcscnõcd ban:in is oa!y tho fhstJIIP oftbc ~ . 14. TheabcmlliatedPcrmittocl&œptiøuuc bucdOD~'.Old Republic NatioIIalTitleLiswdCO Co./lI...itzb..4t No. 04112649 efrective tbroagh I-C"· I 0 .2005, at 8:00 a.m. (tile '"Title Cci.......i.tl.-4t mdotbermattm'lthat1DllYe:åstofpubJicft:lOOØiorwbic:b wœldbec!i8c1oscd by an 1c:auatelUl'VeYoftbePxupertylDdlortbatucuotCUDtaiDecl in the Td:1e Commi1mcntIS Usu:d hcn:on IS Permittr:d Excep\iODL . Page 1.ofJ þhibit "A" .- "--. ----- -~ Agenda Item No. 178 January 10, 2006 Page 28 of 118 eo1f«r County ~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW C01v1MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 1,2005 SUBJECT: PETITION PUDZ-A-2004-AR-5431 - CAMBRIDGE SQUARE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) APPLICANT/CONTRACT PURCHASER: C & R Realty of Richmond, Inc. 12810 Tamiami Trail North Naples, FL 34110 AGENTS: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 R Bruce Anderson Roetzel & Andress 850 Park Shore Drive Trianon Centre - Third Floor Naples, FL 34103 REQUESTED ACTION: The petitioner wishes to add approximately 3.31± acres, currently zoned in the Estates (E) designation, to the existing Cambridge Square PUD. The petition also amends the allowable uses to permit up to 80,000 square feet of retail, with appropriate associated development standards, to create the Cambridge Square Commercial Planned Unit Development (CPUD). GEOGRAPHIC LOCATION: The subject property is located on the northeast quadrant of the intersection of Livingston Road and Pine Ridge Road (CR 896) in Section 7, Township 49 South, Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSEIDESCRIPTION OF PROJECT: The Cambridge Square PUD was adopted in November 1998 (Ordinance # 1998-89). This approved a preserve tract, a tract to allow office uses and a tract to allow schools and nursing homes. The proposed amendment would add an additional 3.31± acres to the PUD and would remove the schools and nursing homes as allowable uses, and replace those with up to 80,000 square feet of retail space. PUDZ-A-2004-AR-5431; Cambridge Square PUD Page 1 of 8 ¡ -' Î ~ ~ ; I I I wº I 3 I t:!< I dl wO 9 ~ dh I !I II I .... CCltOCC ¡-....O"- ~::: ,0 -0") E >-';;; .$roQ) -::J<\: .gs§CL ¡:-, <D Q) <{ I I = II it ;11' 18¡ ;~ II ;p.~ . ¡h II r ' Ih g It it ~ ---........ -..- ~ ¡ I 8. :~¡ I .. I! . I-Z I ßQ it D """>!< 00 :Eg III ::~¡ I -- ~ ! I II >WœOL_ / ""E- - I ' 5 I ...- , I ..... ........." .. ill .. ill = ~t I Ii It II i t I II a.. « :E W I- - C/) .... C") . II) ci: 0( , . o o t'I , N o ::;) a.. 011: z o I- ¡: W a.. a.. « :E z o I- <t: U o ...J Agenda Item No. 178 January 10, 2006 Page 30 of 118 SURROUNDING LAND USE AND ZONING: North: Estates; Single-family Residential East: Naples Gateway POD; Commercial uses South: Pine Ridge Road, then Baldridge POO; future commercial development West: Livingston Road, then Rural Agricultural (A); fruit, vegetable and plant sales GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: Comprehensi ve Planning staff has reviewed the POO Amendment and submits the following analysis: The subject property is located in the Estates Designation - Pine Ridge Road Mixed Use Subdistrict, as described in the Future Land Use Element and the Golden Gate Area Master Plan (GGAMP) in the Collier County Growth Management Plan. The Pine Ridge Road Mixed Use Subdistrict of the GGAMP contains specific development requirements. Comprehensive Planning staff assessed the proposed POD relative to these requirements. 1. Within this Subdistrict, no more than 35,000 square feet of office-related uses on + 3.2 acres are permitted within the eastern portion of this property which includes a portion of Tract 28 and a portion of Tract 13. The POO Document provides for this development in the Statement of Compliance and in Sections 5.3 and 7.1. Further, this 35,000 square feet has already been developed. 2. A maximum of 80,000 square feet of gross leasable retail or office area, as allowed in the Commercial Intermediate District (C-3) of the Collier County Land Development Code as of the effective date of the adoption of this Subdistrict [Ordinance No. 03-01, adopted January 16, 2003], are permitted within the western 10.52 acres of this property. The C-3 uses are not an entitlement. Such uses will be further evaluated at the time of rezoning approval to insure appropriateness in relationship to surrounding properties. POD Document Sections 5.2,5.3 and 8.2.A, as well as the POD Master Plan, all indicate 80,000 square feet of retail and office uses for the proposed expanded Tract B. All of the uses requested in Section 8.2.A are permitted in the C-3 zoning district. The Land Development Code (LDC) places limits on the total square footage of some uses, and these limitations have not been included in Section 8.2.A. However, the LDC allows such uses to be permitted without the square footage limitations, as a conditional use within the C-3 commercial zoning district. 3. Building heights shall be limited to 35 feet. The height limit is contained in Sections 7.3.D and 8.3.E. PUDZ-A-2004-AR-5431; Cambridge Square PUD Page 3 of 8 Agenda Item No. 178 January 10, 2006 Page 31 of 118 4. A rezone to such permitted principal uses shall be encouraged to be submitted as a Planned Unit Development for the western 10.52 acres of the subject property, with special attention to be provided for shared access. The proposed rezone has been subnùtted as a PUD. The PUD Master Plan shows shared access for Tracts A and B. 5. Water manágement, uniform landscaping, signage, screening and buffering will be provided at the time of rezoning to ensure compatibility with nearby residential areas. Water management facilities are shown on the PUD Master Plan, and are referenced in Sections 4.3, 4.6, 4.10, 6.2, 10.4, and 10.5.F of the PUD Document. Landscaping, screening and buffering are also shown on the Master Plan and are addressed in Sections 3.3, 4.17, and 6.2.6. The entirety of Tract B is to be screened from the view of residences to the north via a decorative concrete privacy wall. Sign age requirements are addressed in Sections 4.14 and 1O.1.E (traffic signs). 6, There shall be no access onto Livingston Woods Lane. The petitioner had proposed to allow an ingress-only access point into the project from Livingston Woods Lane. This would appear to be inconsistent with the Subdistrict requirement that, "There shall be no access onto Livingston Woods Lane." The requirement, as contained in the Subdistrict language, was adopted by the Board of County Commissioners within Ordinance 98-26, which created the original (as opposed to the expanded) Subdistrict. At that time the Board's intent, as requested by residents of the Estates-zoned area located to the north of the subject property, was that the PUD should not have any connection to Livingston Woods Lane. Staff is aware that, in proposing the ingress-only access onto Livingston Woods Lane, the petitioner was attempting to address concerns raised by Collier County Transportation staff. In that regard, Comprehensive Planning staff believes that the Board of County Commissioners must determine whether the ingress-only access point would violate its intent in adopting the "no access" requirement. During the Neighborhood Information Meeting, residents reiterated that they did not want the ingress-only access to Livingston Woods Lane, and the applicant subsequently removed this from the PUD document and the Master Plan. 7. There shall be a minimum setback area along the north property line of 75 feet. The 75-foot setback is referenced within Section 8.3.C for Tract B as contained in the PUD Document. Section 7.3.C includes a 75-foot setback for Tract A, which includes the existing Cambridge Square office development. 8. Driveway access, parking and water management facilities may be allowed within the 75-foot setback area along the north property line but none of these uses shall be located closer than 30 feet to the north property line, PUDZ-A-2004-AR-5431; Cambridge Square PUD Page 4 of 8 · -..--- ..-.--.-- Agenda Item No. 178 January 10, 2006 Page 32 of 118 The petitioner has revised the PUD Master Plan and Subparagraph 8.3.C of the PUD Document to reflect this requirement. Additionally, Note #2 on the PUD Master Plan has been revised to indicate that the requirement applies to driveways and parking areas, as well as water management areas. 9. No freestanding automobile parking lots, homeless shelters or soup kitchens shall be pennitted. The above-referenced uses are not contained within the list of uses requested by the petitioner. 10. The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area. The petitioner has had the subject preserve area surveyed and now finds it to be approximately 2.22 acres in size. There is a sidewalk and a lift station in the original preserve area. The requirement is clearly intended to approximate actual conditions; however, a Growth Management Plan amendment will be initiated by staff, whether or not the PUD Amendment is approved. However, given the wording of the Subdistrict requirement, no further diminution of the preserve acreage should be allowed. 11. Within the western 10.52 acres, a loop road/easement will be constructed through the property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. The PUD Master Plan Map shows the loop road, and it is also referenced in Sections 3.2, 3.3, and 1O.1.B of the PUD Document. Section ill: Statement of Intent and Project Description: In Sub-paragraph 3.2 (the Project Description), and in other parts of the PUD document as well, the petitioner is proposing to change the total PUD acreage from 12.79 acres (the acreage of the existing PUD) to 16.1 acres (the total PUD acreage including the proposed expansion). Staff notes that the language regarding the Pine Ridge Road Mixed Use Subdistrict of the Golden Gate Area Master Plan (GGAMP) references 15.74 acres as the acreage of the expanded project. Thus, 16.2 acres represents a O.46-acre (nearly ~ acre) increase to the Subdistrict beyond that originally requested by the petitioner through the Growth Management Plan amendment process, and as adopted in Ordinance 2003-44. However, in approving the subject plan amendment, the Board of County Commissioners clearly intended that the Subdistrict be expanded to encompass the two designated Estates parcels, and that the Subdistrict (and thus the PUD) have the boundaries as proposed by the petitioner. Also, the acreage referenced within the GGAMP (with regard to the total acreage for the expanded Subdistrict) is informational only and is not a regulatory requirement. Therefore, staff will amend the GGAMP at a future date to reference the total acreage of the Subdistrict as 16.1 acres, CONCLUSION: Based upon the above analysis, staff finds that the proposed PUD document and Master Plan, as submitted, may be deemed consistent with the Golden Gate Area Master Plan Element of the Collier County Growth Management Plan. PUDZ-A-2004-AR-5431; Cambridge Square PUD Page 5 of B Agenda Item No. 17B January 10, 2006 Page 33 of 118 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 had recommended that an interconnection to the residential neighborhood located to the north be provided to give residents a more convenient route to the retail area, as well as remove potential trips from the road network. This was met with much opposition by residents and the applicant removed the connection. 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 1O.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. The designated preserve area is already in place and is reflected in the PUD document and Master Plan. This petition was not heard by the Environmental Advisory Council because there are no listed species or additional wetland impacts 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, with the exception of the interconnection to the residential neighborhood to the north. Utility Review: The Utilities Department staff has reviewed the petition and has stated that approval of this petition is subject application for and conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. A 16-inch water transmission line exists along Pine Ridge, as does a 16-inch sewer transmission main. These will be provided at the site development plan stage. 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 PUDZ-A-2004-AR-5431; Cambridge Square PUD Page 6 of 8 Agenda Item No. 17B January 10, 2006 Page 34 of 118 document, are consistent with the GMP. The PUD document permits commercial uses that are typically permitted in the C-3 zoning district, which when adequately buffered on the northern side should be compatible with the sUITOunding land uses. The new portion of the PUD is located at a major intersection of two arterial roads that are important to the County's road network. The intersection is surrounded by commercial and multi-family residential uses. The proposed commercial use is in fact a more appropriate use of the space than single-family residential, which is the current permitted use in this location. The Cambridge Square PUD permits office uses in the eastern portion of the district. This office development is already developed. The applicant proposes to develop a main commercial center and several outparcels. Not only is this a more appropriate land use, but a necessary one to serve residents of this rapidly developing area. As Livingston Road has been completed, many new housing developments have been planned and constructed in the area. The proposed amendment will bring necessary retail shopping and services to these citizens. NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Lisa Koehler, Public Information Coordinator The Neighborhood Information Meeting was held June 23 at 5:30 p.m. at the First Baptist Church. Fourteen people attended the meeting. Bob Duane, representing the applicant, gave an overview of the project and the PUD document. Several people expressed their concerns about the proposed access on the north side of the property. Mr. Duane committed that they would remove that access point. A concern was also raised concerning proposed allowable uses, specifically auto and home supply stores and automotive services, except repair. Todd Gates, the developer for the project, gave an overview of the proposed uses, saying that he anticipated a bank building, boutique retail shops and office uses. He also committed that there would be an 8- foot wall along the full length of the northern property line having landscaping on both sides of the wall. STAFF RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ-A-ZO03-AR-5431 to the Board of County Commissioners (BCC) with a recommendation of approval based on the staff determination that the proposed CPUD is consistent with the GMP. PREPARED BY: ~ HEIDI K. WILLIAMS, PRlNCIP AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW .... ~(tÅ \\)5 DATE REVIEWED BY: PATRICKG. WHITE ASSISTANT COUNTY ATTORNEY PUDZ-A-2004-AR-5431; Cambridge Square PUD DATE Page 7 of 8 Agenda Item No. 178 January 10, 2006 Page 35 of 118 liP¡ / ôS- DATE "jz.¡ / os- ~'-nt~ I-f¡ / RAYMOND V. BELLOWS, ZONING MAN 'J{~ - DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW AN MURRAY, AICP, DIRECTO P ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: J /I b~- H K. SC ITT ADMINISTRATOR / DA ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the September 27, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: CHAIRMAN DATE Exhibits: A. B. C. D. Rezone Findings PUD Findings Comprehensive Planning Memorandum Traffic Impact Statement PUDZ-A-20Q4-AR-5431; Cambridge Square PUD Page 8 of 8 Agenda Item No. 178 January 10, 2006 Page 36 of 118 REZONE FINDINGS PETITION PUDZ-A-2004-AR-5431 Section lO.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 located in the Estates Designation - Pine Ridge Road Mixed Use Subdistrict, as described in the Future Land Use Element and the Golden Gate Area Master Plan (GGAMP) in the Collier County Growth Management Plan. Comprehensive Planning staff has found the proposed rezone to be consistent with these Elements of the Growth Management Plan. 2. The existing land use pattern; The uses allowed by the proposed PUD for the subject site are compatible with the surrounding area. The subject property is located on a busy County thoroughfare. Adequate buffering requirements protect the residential neighborhood to the north from potential negative impacts of development. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed amendment extends a commercial and office district on this segment of Pine Ridge Road, and so is not considered an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed boundaries are logical in that they continue the same depth back from the road that the previously designated commercial properties to the east are on the north side of Pine Ridge Road. The other boundaries meet up with major roadways. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The completion of Livingston Road adds a lot of additional traffic and development to the area surrounding the subject site. This has certainly decreased the desirability of the subject site for single-family residential development. This was recognized by the Comprehensive Planning Department when the Pine Ridge Road Mixed Use Subdistrict was adopted and incorporated this parcel. EXHIBIT A PUDZ-A-2004-AR-5431 Page 1 of 3 Agenda Item No. 178 January 10, 2006 d h ·n d I· n I· . d·ti Page 3Inof 118 6. Whether the propose c ange WI a verse Y In uence Ivmg con Ions m , e neighborhood; No adverse impacts are expected to those residents living north of the amendment parcel. The developer will be required to construct an eight-foot tall masonry wall along with an enhanced Type "D" landscape buffer along the northern boundary of the project. This will very effectively separate the 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 Transportation Element. 8. Whether the proposed change will create a drainage problem; The project will be required to obtain a pennit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts (i.e, open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area; Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment mayor may not affect value. However, staff is of the opinion that the proposed rezone will not adversely affect the property váIues 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. EXHIBIT A PU DZ-A-2004-AR-5431 Page 2 of 3 Agenda Item No. 178 January 10, 2006 12. Whether the proposed change will constitute a grant of special privil~§g 18 Wri 18 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 completion of Livingston Road has created a new major north-south thoroughfare which ultimately renders the subject site to be a less desirable location for single- family residential development. Pine Ridge Road continues to be an important gateway to greater Naples as well. The proposed commercial use is more compatible with these conditions than residential. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed commercial development will fulfill a need for additional retail and service opportunities for residents of the many new residential communities in the area. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Although there are other sites available, there are limited numbers of sites in Collier County that are permitted by the Growth Management Plan to pursue a rezone for commercial uses. 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. The property has been impacted by development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP, The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service detennined that required infrastructure meets with GMP established relationships. EXHIBIT A PUDZ-A-2004-AR-5431 Page 3 of 3 FINDINGS FOR PUD PUDZ-A-2004-AR-5431 Agenda Item No. 17B January 10, 2006 Page 39 of 118 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 uooties. The area SUITOunding the subject site is suitable for the proposed commercial uses that would be permitted should the amendment be approved. The intersection of Livingston Road and Pine Ridge Road is a major part of the County's transportation network. These roads serve many people, and new residential areas are being developed nearby. All utilities, access and drainage are adequately addressed by this petition and subsequent site plamùng 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 consistent 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, The PUD document contains restrictions in the fonn of setbacks on building locations, and enhances land development code buffering requirements between the project and the residential located north of the site. 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-A-2004-AR-5431 Page 1 of 2 Agenda Item No. 17B January 10, 2006 Page 40 of 118 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements IS not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context. implies supporting infrastructure such as wastewater disposal system, potable water supplies. characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Infrastructure is or will be in place in the vicinity and its adequacy will be detennined 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-A-2004-AR-5431 Page 20f2 Agenda Item No. 178 January 10, 2006 Page 41 of 118 Memorandum From: Ray Bellows, Manager, Zoning & Land Development Review Glenn E. Heath, AICP, Principal Planner, Comprehensive Planning Department To: Date: October 14, 2004 Golden Gate Area Master Plan (GGAMP) Consistency Review Subject: PETITION NUMBER: PUDZ-A-20Q4-AR-5431. REQUEST: The origìnal request was to amend the existing Cambridge Square PUD to add 2.95 acres (currently zoned E, Estates) to the 12.79-acre PUD, for a total of 15.74 acres. However, the petitioner has since had a survey performed for the subject property. The survey results reveal that the actual acreage of the expanded PUD would be approximately 16.2 acres. The expanded PUD would permit both the existing 35,000 square feet of office development (on Tract A of the PUD) and would also permit the development of up to 80,000 square feet of retail and office development in the expansion area (designated Tract B). WCATION: The subject site is located at the northeast quadrant of the intersection of Pine Ridge Road and Livingston Road, within Section 7, Township 49 South, Range 26, East. COMPREHENSIVE PLANNING COMMENTS: Staff has reviewed the resubmitted PUD Amendment relative to the concerns identified in our previous review, and submits the following revised analysis: Specific Development Reauirements for Pine Ridae Road Mixed Use Subdistrict: The Pine Ridge Road Mixed Use Subdistrict of the Golden Gate Area Master Plan (GGAMP) contains specific development requirements. Comprehensive Planning staff assessed the proposed PUD relative to these requirements. 1. Within this Subdistrict no more than 35,000 square feet of office-related uses on :!: 3.2 acres are permitted within the eastern portion of this property which includes a portion of Tract 28 and a portion of Tract 13. The PUD Document provides for this development in the Statement of Compliance and in Sections 5.3 and 7.1. Further, this 35,000 square feet has already been developed. On CD Plus System Community Development & Environmental Services Division, Comprehensive Planning Department 1 Agenda Item No. 178 January 10, 2006 Page 42 of 118 2. A maximum of 80,000 square feet of gross leasable retail or office area, as allowed in the Commerciallntennediate District (C-3) of the Collier County Land Development Code as of the effective date of the adoption of this Subdistrict [Ordinance No. 03-01, adopted January 16, 2003], are permitted within the western 10.52 acres of this property. The C-3 uses are not an entitlement. Such uses will be further evaluated at the time of rezoning approval to insure appropriateness in relationship to surrounding properties. PUD Document Sections 5.2, 5.3 and 8.2.A, as well as the PUD Master Plan; all indicate 80,000 square feet of retail and office uses for the proposed expanded Tract B. All of the uses requested in Section 8.2.A are permitted in the C-3 zoning district. The Land Development Code (LDC) places limits on the total square footage of some uses, and these limitations have not been included in Section 8.2.A. However, Section 2.2.14.3.11 of the LDC allows such uses to be permitted without the square footage limitations, as a conditional use within the C-3 commercial zoning district. 3. Building heights shall be limited to 35 feet. The height limit is contained in Sections 7.3.0 and 8.3.E. 4. A rezone to such pennitted principal uses shall be encouraged to be submitted as a Planned Unit Development for the western 10.52 acres of the subject property, with special attention to be provided for shared access. The proposed rezone has been submitted as a PUD. The PUD Master Plan shows shared access for Tracts A and B. 5. Water management, unifonn landscaping, signage, screening and buffering will be provided at the time of rezoning to ensure compatibility with nearby residential areas. Water management facilities are shown on the PUD Master Plan. and are referenced in Sections 4.3, 4.6, 4.10, 6.2, 10.4, and 10.5.F of the PUD Document. Landscaping, screening and buffering are also shown on the Master Plan and are addressed in Sections 3.3, 4.17, and 6.2.6. The entirety of Tract B is to be screened from the view of residences to the north via a decorative concrete privacy wall. Signage requirements are addressed in Sections 4.14 and 10.1.E (traffic signs). 6. There shall be no access onto Livingston Woods Lane. In Sub-paragraph 10.1.0. on page 25 of the PUD Document, the petitioner proposes to allow an ingress-only access point into the project from Livingston Woods Lane. This would appear to be inconsistent with the Subdistrict requirement that, "There shall be no access onto Livingston Woods Lane." The requirement, as contained in the Subdistrict language, was adopted by the Board of County Commissioners within Ordinance 98-26, which created the original (as opposed to the expanded) Subdistrict. At that time the Board's intent, as requested by residents of the Estates-zoned area located to the north On CD Plus System Community Development & Environmental Services Division, Comprehensive Planning Department 2 Agenda Item No. 17B January 10, 2006 Page 43 of 118 of the subject property, was that the PUD should not have any connection to Livingston Woods Lane. Staff is aware that, in proposing the ingress-only access onto Livingston Woods Lane, the petitioner is attempting to address concerns raised by Collier County Transportation staff. In that regard, Comprehensive Planning staff believes that the Board of County Commissioners must determine whether the ingress-only access point would violate its intent in adopting the "no access" requirement. 7. There shall be a minimum setback area along the north property line of 75 feel The 75' setback is referenced, within Section 8.3.C, for Tract Bt as contained in the PUD Document. Section 7.3.C includes a 75' setback for Tract A, which includes the existing Cambridge Square office development. 8. Driveway access, parking and water management facilities may be allowed within the 75' setback area along the north property line but none of these uses shall be located closer than 30 feet to the north property line. The petitioner has revised the PUD Master Plan and Subparagraph 8.3.C of the PUD Document to reflect this requirement. Additionally, Note #2 on the PUD Master Plan has been revised to indicate that the requirement applies to driveways and parking areas, as well as water management areas. 9. No freestanding automobile parking lots, homeless shelters or soup kitchens shall be permitted. The above-referenced uses are not contained within the list of uses requested by the petitioner. 10. The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area. The petitioner has had the subject wetland area surveyed and now finds it to be approximately 2.5 acres in size. Given that the difference between the Subdistrict requirement and the actual wetland size is only 9/100 of an acre, and that the requirement is clearly intended to be approximate, staff finds that preservation of the 2.5- acre wetland area is consistent with the requirement contained in the Subdistrict language in the GGAMP. However, given the wording of the Subdistrict requirement, which specifies "2.59 acres," no further diminution of the preserve acreage should be allowed. In Sub-paragraph 9.2 (Permitted Uses) of the PUD Document, as well as in the cover letter contained with the Resubmittal, the petitioner notes that the 2.5-acre wetland preservation area exceeds "the appropriate acreage of native vegetation" to be retained and/or recreated under Section 3.9.5.5, of the Land Development Code (LDC) (Section 3.05.07, of the UDC). However, this section should also note that the preservation area acreage is required under the provisions of the Pine Ridge Road Mixed Use Subdistrict, of the GGAMP. On CD Plus System Community Development & Environmental Services Division, Comprehensive Planning Department 3 "".,,"""""';~~,,- Agenda Item No. 178 January 10, 2006 Page 44 of 118 11. Within the western 10.52 acres, a loop road/easement will be constructed through the property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. The PUD Master Plan Map shows the loop road, and it is also referenced in Sections 3.2,3.3, and 10.1.0 of the PUD Document. Statement of Compliance: · Sub-paragraph 1.1 of the Statement of Compliance incorrectly references Ordinance 98-26. The correct reference should be to Ordinance 2003-44. · Sub-paragraph 1.3, of the Statement of Compliance contains an incorrect reference to "Policies 3.1.H and 3.1.L of the Future Land Use Element." Policy 3.1 of the FLUE no longer contains language similar to the Subparagraph, and therefore, staff recommends that the current wording of sub-paragraph 1.3 should reference Objective 3 of the Future Land Use Element. This wording should be changed for all future reviews and/or PUD Documents. Section III: Statement of Intent And Proiect Description: · In Sub-paragraph 3.2 (the Project Description), and in other parts of the PUD Document as well, the petitioner is proposing to change the total PUD acreage from 12.79 acres (the acreage of the existing PUD) to 16.2 acres (the total PUD acreage including the proposed expansion). Staff notes that the language regarding the Pine Ridge Road Mixed Use Subdistrict, of the Golden Gate Area Master Plan (GGAMP) references 15.74 acres as the acreage of the expanded project. Thus, 16.2 acres represents a OA6-acre (nearly ~ acre) increase to the Subdistrict beyond that originally requested by the petitioner through the Growth Management Plan amendment process, and as adopted in Ordinance 2003-44. However, in approving the subject plan amendment, the Board of County Commissioners clearly intended that the Subdistrict be expanded to encompass the two designated Estates parcels, and that the Subdistrict (and thus the PUD) have the boundaries as proposed by the petitioner. Also, the acreage referenced within the GGAMP (with regard to the total acreage for the expanded Subdistrict) is informational only and is not a regulatory requirement. Therefore, staff will amend the GGAMP at a future date to reference the total acreage of the Subdistrict as 16.2 acres. CONCLUSION: Based upon the above analysis, staff finds that the proposed PUD Document and Master Plan, as submitted, may be deemed consistent with the Golden Gate Area Master Plan Element of the Collier County Growth Management Plan, subject to the following: a. The PUD Document must be revised to reflect the staff concerns noted for the Statement of Compliance, Section V, and Section IX, above; and On CD Plus System Community Development & Environmental Services Division, Comprehensive Planning Department 4 Agenda Item No. 178 January 10, 2006 Page 45 of 118 b. The Board of County Commissioners must make a consistency determination relative to the proposed ingress-only access point onto Livingston Woods Lane. . cc: Susan Murray, AICP. Director of Zoning & Land Development Review Stan Litsinger. AI CP, Director of Comprehensive Planníng David Weeks, AICP, Manager, Comprehensive Planning CD/FLUE File CD PUDZ-A-2004-AR-5431, Cambridge Square F, CD Memos and Letters gh/10-14-2004 Office o/the County Administrator ,,,,- On CD Plus System Community Development & Environmental Services Division, Comprehensive Planning Department 5 I I I I I I I I I I I I I I I I I I I riu.3~ Agenda Item No. 17B --______ January 10, 2006 ---- . -Page-46of 11ft PUDZ-A-2004-AR_5431- PROJECT #2004020057 DA TE: 3/4/04 FRED REISCHL TRAFFIC IMPACT STATEMENT FOR CAMBRIDGE SQUARE PUD PROJECT NO. 030811 PREPARED BY: Metro Transportation Group, Inc. 12651 McGregor Boulevard, Suite 4-403 Fort Myers, Florida 33919-4489 239-278-3090 January 29, 2004 I P- I I I I I I I r I I I I I· I I ['-- I ~~ CONTENTS I. INTRODUCTION II. EXISTING CONDITIONS . III. . PROPOSED DEVELOPMENT IV. TRIP GENERATION AND SURVEY METHODOLOGY V, TRIP DISTRIBUTION VI. FUTURE TRAFFIC CONDITIONS Agenda Item No. 17B January 10, 2006 Page 47 of 118 VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS VIIJ. CONCLUSION . . ' '""~"---"--_......~~' ..,,~¥-._..,-~--_......-_.._~.. I I I I I- I I I I I I I I I I I I I I Agenda Item No. 178 January 10, 2006 Page 48 of 118 ~~ I. - INTRODUCTION Metro Transportation Group, Inc. (Metro) has conducted a traffic impact statement that would . allow the construction of a retail strip center in the northeast corner of the intersection of Pine Ridge Road and Livingston Road in Collier County, Florida.- The site location is illustrated on Figure 1. . The proposed Cambri,dge Square pup will allow for the development ora 78,400 -square . . foot retail center. Access to the site is being proposed. via two. access locations, an existing access to Pine Ridge Road and a proposed access to Livingston Road. A triethodology meeting was held with Metro and the County staff prior to the completion of this TIS. This report has been completed in order to estimate the trip generation of the facility and the impacts the traffic will have on the surrounding roadways. This report will also examine the impact of the development on the surrounding roadways. 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 site access intersections. II. EXISTING CONDITIONS The subject site currently contains a single familr residential home. . Upon approval of this submittal, the single family home will be razed, The site is bordered to the north by severaL parcels containing single family homes. To the east, the site is bordered by existing develop~ent within the Cambridge Square PUD. The existing development within the Cambridge Square PUD èonsists of a mixture of office uses. To the west ånd sou~ the subject site is bordered by Livingston Road and Pine Ridge Road, respectively, . Pine Ridge Road is an east/west divided six-lane arterial roadway in ~e vicinityM the . site. At its existing intersection with the Cambridg~ Square PUD,right in/right out turning movements are allowed. This access is located approximately 880 feet from Page 2 I ~ I I I I I I I r- I I I I I ; o (') o I u. I l-' I _.~._._. pO_ _.._ January 10, 2006 Page 49 of 118 ìj ~~ ~.;~. -w: .."'\:.'~~ r .- 36_ - r~~' ~, =', "" --,...-...,.. _....!..~. '= I::: ~ 'I ""~ ":: ' & tì ~ l\~..... '" ); ~ i, ~ " ,... .. 1 /L_ a" - I , ~ .. t-'- .- l\\ Q:~ i~ L "- , W'-~'¡'~~ '....'" _.~I~.... .~~ ~=~t~'1~f~t r~.,¡:: ~14'0I ~ · r,"~~.. .:~. _ --.....-" .... .... Jl.~ __ ,_'- ~ ~.~ \ , "'ff.T1: . ~ II 3 i)(' ~'"' ,~ . -. i ".. ~ JJ.' ~ )~ -¡¿'\.L.. - (~ I ~- 'it :- · Napl" I ,....... I .. ,. · ~ _ .-..':1. ~ ,J'Of ._ 1""'\11",,- ...".IL Î 't _~. ~~ 1+ ... ~ 3 ~Of n[)- I :-?!:' ~¿.I~'J.o ~IØ t .. ~ ~l / - ( ~... ! I~.r::: " I '_. ! - __ ~ ~:::,.., i J ~ ....~u "'_ I." -. 1 ~.J} ~; ~ · ...._v \ =, ", '-"7 · - è:.m;:-._, =- j/. IL'-.. \ \~. ~.y' ~ _a _õ ~ rJ I. · ~ j "I; ..,..,,-~ ".,,, ':"" - Iii II ' ,..... 1111 __ r 'l- j_......':5~..1 In ).....\/ -- c..~~.~ tæll ~~ ~W;- . Ir-e I 1.(: 1. 111 . it .-;; --.J: f'--..- "-J ' .mFf i'M! ~ 0 [ 1111- - - -Il-rr'"" ... {~ 'Ct'" . J "1r~:! l1J~oIf~:I"'Ç.. ~ '" '.n_,-,. VI I L. ~ . I J .'~~"I'" '7_ " - ,. J , " - '.: ~ "~5H.: i ~.~ ~ ~ J I .....ww <!' _.. '.'; =:1IIl I _ ~ '~i ~.~'~~.~.-~ AoyM. ~/"~ k¡ - ¿ "~.,~ t à.f L '-~'- ---- · -- ~I'" rn~i1": \I ""'.... ., - '=1i ~ 34'05 ~ ~ h.i 'f.~ µ ~i ,~- ~~ ?~Ho""~""'Woll U -;/"- ¡¡ :..:. I_IlL.¡;;; ~' 241'-4" . III:: ¡l"'"':'''¡'%~ì.1! ~ G"'faub j ~ 1G"',"".....\ ,I . -::I:: ~ ~ -S.~ ~ .' - ,œ..~ ;.;.. ~-J !; ~m_~ ; r \f """"""'. ~ ........ .II!oIo,., Lt·' ~L l ;;; IDMV ,-·-+.o-·-r1rnT ~ ___ ~Å -- -' · - -- (~,J ~.I! ~ t ifj" . WIJ!I"", \ \. ~j = ¡= -- ~ \ . I ~~ J .c'''''..;~ \...~ I ... . 3C '" l ]~ .....~29 -: '-'.o- -.... :J¡ 115 -... - to 20 ....... -.. -..- --.. ~., -..... - ,~ .. ~..:1f ~ .wArs . =c:¡;'" -1¥1""'" ~"I ..y.....s ~, .' 'A. l:::';.:êw b . I!i!i""""''''.' . t I"...·..... ¡e:=' -t·~,,- E -, œß ~7 ::.f.r~ 1 - , .... @!j~~. . " :, "" ø.o,· VI ; ~ L...__'~.o l.L._.o Ie ~ 341~. ~ '.... ._I~"'" _ '''''' I,., _ -'... . - L " 1 -., a ¡ ¡ , ¡~ -..... -i I-*--.. "- ~ ~ .~ ~ "\"~ ! I ~rJ:' · tie:: ¡:: ~ ~ . :-.A."'\"_ - "j- f. :I', I4U)oI it. ~-Ò .. .-..... r.>'" it- .. ~ (I'!EFI DJ PROJECT LOCATION MAP CAMBRIDGE SQUARE Figure 1 .....~..--""""q--,....""..,.~. I. I I I I I I I I I I I I I I I I I I --------- f[aaGfij) Agenda Item No. 178 January 10, 2006 Page 50 of 118 Livingston Road. Pine Ridge Road has a posted speed limit of 45 mph and is under the jurisdiction of the Collier County Department of Transportation. Livingston Road is a north/south divided six-lane arterial roadway in the vicinity of the site. The section of Livingston Road from Pine Ridge Road to Vanderbilt Beach Road was recently opened, Construction is ongoing on the section of Livingston Road fro~ Vanderbilt Beach Road to Immokalee Road, Construction of this segment is scheduled t<;> be completed by the end of 2004. Upon the completion of this segment, Livingston Road will extend from Radio Road to Bonita Beach Road in Lee County. This roadway link was assumed to be complete as a part of this analysis, The Developer is requesting a right in/right out access on Livingston Road approximately 450 feet north of Pine Ridge Road. Livingston Road has a posted speed limit of 45 mph and is under the jurisdiction of the Collier County Department of Transportation. III. PROPOSED DEVELOPMENT The Cambridge Square PUD is a commercial planned development located in Collier COUJ;lty, Florida. Upon approval of this application, the construction of 78,400 square feet of various commercial uses will be allowed on the subject site. In order to asswne a "worst case" trip generation scenario, the shopping center land use was utilized. Table 1 summarizes the land use utilized for trip generation purposes for the subject development. Table 1 Cambridge Square PUD Land Uses ~~_~.:,¡,:~2r:-:, ':>'~a{f)jii?~~~:¿~~~~:;~'~ ~d;7;:;;~;~':~~i;~~::'~~j~~:~,~t~1:{ ,/"~ft:',:::' Sho in Center 78,400 uare feet Access to the subject site is being proposed via two access locations, an existing right in/right out access to Pine Ridge Road that serves the existing Cambridge Square to the east, and an proposed right in/right out access to Livingston Road. - Page 4 -I p- I I I I I I I- l I I I I I- I- I' r ~ I Agenda Item No. 17B January 10, 2006 Page 51 of 118 rÞE[iij tv. TRIP GENERATION The trip generation foi' the proposed developme:nt was detennined by referencing the Institute of Transportation Engineer's (lIE) report, titled Trip Generation, ih Edition. The trip generation of the proposed commercial development was calculated based on Land Use Code 820 (Shopping Center). Table 2 outlines the anticipated weekday A.M. and P.M. peak hour trip generation of the Cambridge Square PUD. The daily trip - generation is also indicated within Table 2. The trip generation equations for Land Use Code 820 are included within the AppendiX. of this report for reference. 135 255 280 The trips shown for the retail use in Table 2 will not all be new trips to the adjacent roadway system. ITE estimates that a Shopping Center of comparable size may attract between eight (8%) and eighty-nine (89%) percent of its traffic from vehicles 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 size of this retail developme~t, the "pass-by" trip percentage calculation indicated within the most recent ITE Trip Generation Handbook results in a "pass-by" trip reduction of 41. 8%. A copy of the data contained in the Trip' Generation Handbook for this land use is contained in the Appendix of this report for reference. For this analysis, the "pass-by" traffic was accounted for in order to detenniIi~ the number ~("new" trips the development will add to the surrounding ro~ways. 'fable 3 summarizes the "pass-by" percentage for each use. Table 4 summarizes the development traffic ahd the breakdown between the new trips the development i~ anticipated to generate and the "pass-by" trips the development is anticipated to attract. It should be Page 5 .-..,._-",- ,~--""-~~..."""'_.-...,,. I I I I I I I I I I I I I I I I I I I Agenda Item No. 17B January 10, 2006 Page 52 of 118 . rtu3 i$) noted that the driveway volumes are not reduced as a result of the "pass-by" reduction, only the traffic added to ~e surrounding streets and intersections. Table 3 "Pass-by" Tripl{eduction Factor Cambrid e S uare PUD . "Œ~L~~.~~~}lf~J:~fl~· 41.8% 80 -35 45 55 -20 35 135 -55 80 V. TRIP DISTRIBUTION The proposed Cambridge Square PUD new trips shown in Table 4 were then assigned to the surrounding roadway system based on the anticipated routes the drivers will utilize to approach the site. The driveway volumes indicated in Table 2 for the site were assigned to the proposed site access drives. In order to detennine an accurate traffic distribution, the current and projected population in the area and other existing or planned competing/complementary uses in the area were ~eviewed in order to formulate the distribution of the site traffic. The project distribution for the proposed development is indicated in Figure 2. In order to determine which roadway segment~ surrounding t~e site will be significantly impacted, Table lA, contained in the Appendix, was created. This table indicates the impact percentages on the area roadway network. According to the Significance Test· from Collier CoUnty Ordinance 3.15.6.4.3, the development traffic was compared to the Page 6 ..~'. ..- I ~ I I I I I I I l I I I I I ~ ~ C') o I u. I (0- I rlÆJñO) January 10, 2006 Page 53 of 118 VANDERBILT BEACH ROAD t--- + 10% + + 30% + + 5% + PINE RIDGE ROAD +10%+ +30%+ +20%+ +10%+ ~ c « 0 ~ <It (!) 0 ~ z a:: 10 Z ::J + z ,... + ~ ~ ~ + w ::::> ~ u. 0.. 10% en 20% 5% I w I + (!) ~ + ~ ~ z + :> a: 0 w ~ &: t- o ~ 0 « 0 t') GOLDEN GATE PARKWAY ~ LEGEND +200/0+ PERCENT DISTRIBUTION PROJECT TRAFFIC DISTRIBUTION CAMBRIDGE SQUARE Figure 2 ~....~..--""'---." I' I I I I I I I I I I I I I I I I I I Agenda Item No. 17B January 10. 2006 Page 54 of 118 [balil!)) Level of Service Standard for Peak Hour - Peak Direction traffic conditions as defined by the 2003 Collier County Annual Update Inventory Report (AUlR). The LevelofServíce threshold volumes were obtained ftom the ART-PLAN 4.0 spreadsheets obtained from the Collier County Transportation Planning Department. A copy of the ART -PLAN 4.0 spreadsheets are included within the Appendix of this report, It should be noted that the Level of Service threshold volumes on Livingston Road and 1-75 were taken ftom the 2000 FDOT Level of Service Handbook. Table 5 indicates the Level of Service Standard on the area roadway network. " Table 5 Cambridge Square PUD Lev,el of Service Standards Airport Pulling Road N. of Pine Ridge Rd S. of Pine Ridge Rd Golden Gate to Vanderbilt W. of Airport Pulling Rd Airport Pulling Rd to 1-75 E. ofl-75 Immokalee Rd to Collièr Blvd Livingston Road Pine Ridge Road 1-75 Based on the traffic distribution indicated within Figure 2, a site traffic assignment to the proposed access locations was formulated, Figure 3 indicates the site. traffic assignment for the proposed Cambridge Square PUD. Shown in Figure 3, arid mentioned throughout this report. are two access points for the subject property. The site access driveway to Pine Ridge Road currently exists, and it serves an office development that is a part of the Cambridge Square PUD. Attached in the Appendix of this report is a' traffic count performed on the site access driveway at Pine Ridge Road; This count reflects the inbound and outbound traffic at this intersection for a three day period. According to the traffic count, during the P.M. peak hour, there are an average of 53 outbound vehicles and 15 inbound vehicles utilizing the site access Page 8 I ~ I I I I I I I l I I I I I ; o ('I') o I u. I l- I (~O] '\. 20 (105) -- ,. o It) it) <0 .... - ~I .... ~I ., '\. 30 (90) PINE RIDGE ROAD Q « o a:: z ~ C/) C> z 5 ::::¡ LEGEND ... 000 WEEK DAY AM PEAK HOUR TRAFFIC ... (000) WEEK DAY PM PEAK HOUR TRAFFIC SITE TRAFFIC ASSIGNMENT CAMBRIDGE SQUARE é:I I O. I [j January 10, 2006 Page 55 of 118 N +E 5 N.T.5. Figure 3 I I I I I I I I I I I I I I I I I I, I ____0. ...- -----«. ____n.. Agenda Item No. 17B January 10, 2006 Page 56 of 118 Í[u3~ driveway. This traffic was accounted for as a part of the intersection analysis performed as a result of this report. As a part of the zoning of this parcel, the subject site is prohibited from connecting to Livingston Woods Lane, which borders the site to the north and connects to Livingston Road at a full median opening. Therefore,· the Developer of the Cambridge Square PUD . is proposing a right in/right out access drive to Livingston Road as' a part .of this development application. Although thisac.cess drive does not meet the spacing requirements for a "controlled access facility" according to the Collier County Ordinance, it is essential to the success and marketability of the Cambridge Square PVD. Without the proposed right in/rightout access drive to Livingston Road, approximately eighty percent (80%) of the entering development traffic will have to travel nearly one-third of a mile to the east on Pine Ridge Road in order to perform a V-turn movement at the nearest median opening before returning to enter the subject site, Commercial developments of this nature attràct a significant amount of pass-by traffic (41.8% according to ITE). This traffic· will not likely go out of its way to make the' additioruµ turn movement and travel the additional distance required without the right in/right out access drive. to Livingston Road that could serve the traffic from' the west and south on Pine Ridge Road and Livingston Road, respectively. In addition, the Livingston Road access drive is necessary to provide efficient círculation within the subjectsife,' With only one access point to Pine Ridge Road on the eastern boundary of the subject site, the majority of the development traffic will be required to traverse large portions of the subject site in order to reach the intended destination. The access to. Li-v"ingston Road will allow for better circulation of the developmènt traffic with . the proposed access loop around the buildings. For these reasons, the addition of an access point to Livingston Road is essential to the development of this parcel. The subject site only has 550 feet or frontage on Livingston Road, so it is physically impossible to meet the spacing requiremepts. The' proposed access. drive· is being shown 450 feet from the Pine Ridge Road intersection, which is as far as the access can be moved to the north without affecting the water management area on the northern pr?perty Page 10 ---- I· ~ I 1 I I 1 I I r I I I I I I· I [- I Agenda Item No. 17B January 10, 2006 Page 57 of 118 (fi13G1œ boundary, A right turn lane will be constructed to meet the County standards on Livingston Road at the site access driveway. VI. FUTURE TRAFFIC CONDITIONS It was assumed that the proposed Cambridge Square PUD would be completed by the . year 2007, The 20~7 background traffic volumes were calculated by increasing the existing traffic volumes by the appropriate annual growth rate for the roadway link. The existing traffic was taken from the 2003 Annual Inventory Update Report (AUIR). Table 2A in the Appendix of the report indicates the 2001 peak hour, peak direction traffic volumes for Pine Ridge Road and Livingston Road. For Livingston Road to the north of Pine Ridge Road, the 2003 existing traffic volume was assumed to be the same ~ the link of Livingston Road to the south of Pine Ridge Road. Based on the project distribution shown in Figure 2, the link data was analyzed for the build-out traffic conditionS of the Cambridge Square PUD. Figure 4 indicates the year 2007 peak hour ,... peak direction traffic volumes and Level of . Service for the various roadway links within the study area based on t,he traffic projections for the proposed Cambridge Square PUD. In addition, Figure 4 also reflects . . the impact percentage based on the amount of project traffic being added to each particular link versus the Level of Service Standard on each link. according to the Collier County AillR. Noted on Figure 4 is the peak hour - peak direction volume and Level of Service of each link. should no development occur on the subject site and the peak houf:- . peak direction volùme and Level of Service for the weekday A.M. and P.M. peak hours with the development traffic added to the roadways. . VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS , . Figure 4 details the Level of Service for all links inside the project's area of influence, These Levels of Service were derived based on the Level of Service thresholds indicated within the Collier County ART-PLAN 4.0 Spreadsheets. Table lA in the Appendix details the calculations to determine the Level of Service on the analyzed links based on . Þag~·ll -- I I I I I I I I I I I I I I I ~ CO) o I u. I I I rfl§rlD] VANDERBILT BEACH ROAD t-o 1,188 - "C" (1 ,202 - "C") [1,236 - "C"] 1.4% 3,889 - "E" (3,898 - "E") [3,921 - "E"] 0.7% I 3,889 - "E" (3,902 - "E") [3,937 - "E"] 1.1% PINE RIDGE ROAD ð a: ~ ~ U¡- § c o o o 1,188 - "c" ð (1,197 - "C") ~ [1,220 - "C'1 a: 0.9% 0 z Il) ::¡ z ..... ...I ~ W ::I l- II.. en ~ ¡.l. 0 a: z 12 0 ~ ~ II.. a: ~ < GOLDEN GATE PARKWAY \. LEGEND XXX - "c" PEAK SEASON PEAK HOUR PEAK DIRECTION BACKGROUND TRAFFIC AND LEVEL OF SERVICE DESIGNATION (XXX -"C") PEAK SEASON PEAK HOUR PEAK DIRECTION BACKGROUND TRAFFIC PLUS AM PROJECT TRAFFIC AND LEVEL OF SERVICE DESIGNATION [XXX -"C"] PEAK SEASON PEAK HOUR PEAK DIRECTION BACKGROUND TRAFFIC PLUS PM PROJECT TRAFFIC AND LEVEL OF SERVICE DESIGNATION XX% PERCENT OF PROJECT TRAFFIC VS. LEVEL OF SERVICE STANDARD 2007 BUILD-OUT TRAFFIC CONDITIONS CAMBRIDGE SQUARE January 10, 2006 Page 58 of 118 Figure 4 I p- I I I I I I I r I I I I I I I L I Agenda Item No. 17B January 10, 2006 Page 59 of 118 (tìE[¡Ø) . the build-out traffic conditions of the Cambridge Square PUD. As can be seen from Figure 4, all roadway links within the area of influence of the subject site will fw1ction at or better than the Level of Service standard for that roadway link according to the Collier County AUIR. In addition, all roadway links are shown to operate at the sam~ Levelóf Sèrvice as projected without the subject development. Therefore, no roadway improvements will be required as a result of the proposed Cambridge Square PUD. Right turn lanes will be required at both proposed access points; Currently, a 315 foot westbound right turn lane exists on Pine Ridge Road at the entrance to the Cambridge Sq~ PUD, This turn lane will remain sufficient according to the FDOT Design Standards because no storage is required for right turn lanes. Therefore, the westbound right turn lane on Pine Ridge Road at the site access drive will not require modification, , At the site accesS intersection to Livingston Road, a 240 foot northbound right turn lane will be required on Livingston Road. No additional turn lanes will be required as a result of the proposed Cambridge Square PUD according to the Collier County Ordinance 93-. 64. Inte,rsection capacity analysis was performed at the site access intersections to Pine Ridge Road and Livingston Road as a result of this report. The background turning movements ~t this intet:Section were taken from Table 2A within the Appendix of this report. The 2007 peak hour, peak season, peak direction traffic volume was utilized for the thr<:>ugh movement in the peak direction on Pine Ridge Road. The off-peak direction traffic volume was calculated by dividing the peak d,irection volume by thè appropriate D..factor in order to determine the two-way volume~and then the peak direction volume was subtracted from the two-way volume. Next, the drivewày tu.rniJ;lg mòvemeI).ts were added to the intersections to detennine the 2007 build-out traffic conditioD,s at the site access intersections. Figure 5 indicates the 2007 build~out traffic conditions at the site access intersections. Page 13 . ~"";,---,-,".,, I I I I I I I I I I I I I I I ~ cò o C') I ~ I I I r ITË'frI D) PINE RIDGE ROAD ('II ..... o ..... .. "135 -- +tþ co It) coco ..... ..... ..... C <t o a:: z ~ en (9 z :> ::::ï I ~ I" 105 ., + 2,486 3,889 .. LEGEND + 000 WEEK DAY PM PEAK HOUR TRAFFIC . '-'. .... ~ .. "- January 1 0, 2006 Page 60 of 118 N W+E S N.T.S. 2007 BUILD-OUT INTERSECTION CONDITIONS CAMBRIDGE SQUARE Figure 5 I p- I, I, I I I I I r I I I I I I I C·-- I Agenda Item No. 17B January 10, 2006 ' Page 61 of 118 (tù3~ The appropriate lane arrangements and the intersection volumes indicated within Figure 5 were then iÌ1putted into the SYNCHRO~ 6.0 software in order to, analyze the Level of Service conditions at the primary site access intersection, HCS2000 is not capable of analyzing unsignalized intersection on six-lane 'roadways, so SYNCHROc 6.0 WB,& utilized. Based on the intersection capacity· analyses performed as a result of this report, : all of the intersection turning movements/approaches analyzed are shown to operate under acceptable Level of Service conditions once the development traffic is added to the . . surro~ding roadway network. Therefore, no intersection improvements will be required as a result of the proposed Cambridge Square PDD. VIII. CONCLUSION , The proposed Cambridge Square PDD loc~ted in the northeast comer of the intersection of Pine Ridge Road and Livingston Road within Collier County,_ Florida will not adversely impact the existin~ roadway network. The surrounding roadway network was analyzed based on the projected 2007 build-out traffic conditions. Based on the analysis contained within this report, no roadway li~s will sustain a significant impàC~ based on the Significance Test definèd in Collier County Ordinance 3.15.6.4.3. In addition, no . . roadway links are shown to operàte below the Adopted Level of Service Standard indicated in the 2003 Çollier County Annual Inventory Update Report when the development traffic is added to. the surrounding roadway network, Therefore,' no roadway link improvements will be required as a result of the Cambridge Square PDD. As a part of this submittal, the Developer of ~e Cambridge Square PUD is requesting a right in/right out access to Livingston Road. Without this access point, entering tmfflc will have difficulty gettmg into the subject site in a convenient manner. Thus, a significant portion of this traffic will likèly bypass the Cambridge Square PUD' for other developments. The proposed accc:;ss point has been shown 450 feet from the Pine Ridge . Road interseçtion, as far to the north as is physically possible without impacting the water management area. A 240 foot northbound right turn lane will be required at .this access point, and there is enough room to provide it. Therefore, the proposed right in/right out Page 15 I I I I I I I. I I I I I I I I I I I I [lùa~ Agenda Item No. 178 January 10, 2006 Page 62 of 118 . to Livingston Road win not adversely impact the surrounding roadway network or impact the health, safety, and welfare of the motoring public. In addition to the northbound right turn lane at the proposed Livingston. Road access . point, a westbound right turn lane is also warranted on Pine Ridge Road at the existing site access driveway, There is currently a 315 foot right turn lane at this location, and this turn lane will remain sufficient upon the addition of the Cambridge Square PUD development ~c. No additional turn lane improvements will be required of the Developer as a result of the added development traffic associated with the Cambridge . Square PUD. The capacity analysis performed at the site access driveways to Pine Ridge Road and Livingston Road indicates that all intersection turning movements/approaches will function with an acceptable Level of Service upon the addition of the Cambridge Square PUD development traffic. Therefore, no intersection improvements will be required as a result of the proposed development. \k:\2003\08\ II \report. doc Page 16 XI ([N:tIddV I I I I I I I I I I I I I I I I I I I cQtOcx:J 1'-0...- ..-:0"- ._,....... o .C'0 to E è:' 0) 2cua> -~cu cucQ.. -ocu c- O) a> <t: _.~.~"_.,,,_......,. - -...,...- I I I I I I I I I I I I I I I I I I I Agenda Item No. 178 January 10, 2006 Page 64 of 11 8 TABLES lA & 2A I F~ _lC) to E è'<D I~~ C:-, <D r I I I Q a:: c( Q Z ~ U) zU) 00 _-J <I-~ _O~ W W . -Ja::U) £oS> ~~~ «LL WLL Q.~ l- I- o W ., o a:: Q. I I r I I I I I I I r I It) 0 (") $! ~ § It) 0 V ~ n " ~ ~ :I: :I: g; g; o CI 00 .... <") U M o ~ ¡¡: I.L. I.L. ~ ~ ~ ~ ~ ~ ~ 11- 11- 0:: 0:: ::I ::I o 0 :I: :I: ~ ~ 11- 11- ~ ~ ~ ~ o 0 ~ ~ i 9 I ø. ~ ¡In I Ø) ~ ~ ~ 9 ~ :: ~ 9 ~ § I o 1:& CI 8 ~ ~ .... ';/. ';/. ~ ~ o 0 !E b III III ffi i ø. ø. 'if!. ';/. 8 8 d d .... ... III III ~ ~ .... <") 18 ¡g N N : ~ 9 g ~ I CI 0 o 0 ~ I~ 9 9 ft ft '0 '0 ß ! 0:: 0:: ID ID If I~ .! .! c. c. 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'5 ~ ~ 1 I ~ ~ t i i I 1 m ~ ~ ~ I ~ I I I I I I I r- I I I I I I I r I Agenda Item No. 178 January 10, 2006 Page 67 of 118 ART-PLAN 4.0 LEVEL OF SERVICE SPREADSHEETS - PINE RIDGE ROAD, & AIRPORT PULLING ROAD Jþ .-' ».'"""-< :1 I I I I I I I I I I I I I I I I I I ~- 'J .,'" ,. v . ,;..',f. e. , : ..t.._ ...;> . .;. '- ',:' , ~/' ' Agenda"1'tem No. 178 ". ART ·PLAN 4.0 - Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Airport Pulling Road From: Pine Ridge Road To; Vanderbilt Beach Rd. User Notes: Segment 6 Study Period: PM PEAK K Factor: 0.097 D Factor: 0.537 PHF: 0.970 Adj. Sat. Flow Rate: 1,850 Arterial MDT: 47,319 Posted Speed: 45 mph Section Length: 2.20 mi. Area Type: Urbanized Arterial Class: 1 Signal Type: Semiactuated Arterial Speed ** AADT PHV A N/A N/A Maximum Service Volume BCD NIA 17,100 NIA 890 E Peak Direction Level of Service ERR '" No Cycle Length ArrIval Flow 34,400 1,790 vIe Control Int. 35,500 1,850 mph From To AADT PHV Tums Lanes Lenath g/C "..n TvINI RIt. RIItIo Delav LOS LOS PlneRIdCe Cougar Drive 47319 2465 12 2.0 120 0.44 1320 4 2236 1.37 197.5 F 4.0 F couœr DrvIe Ardisla Lane 47319 2465 12 2.0 120 0.44 1320 4 2236 1_37 11g7~ ~ 40 F ArdIsia I..ane J&C Blvd 47319 2465 12. 2.0 120 0.44 1848 4 2236 137 IHI7~ ~ .!;d, F J&C Blvd. Oranoe Bloss 47319 2465 12 2.0 120 0.44 3168 4 2236 1.37 197.5 F 8.5 F OranC19 Bloss Vanderbilt B 42114 2194 12 2.0 120 0.44 3960 4 1990 1.22 130.0 F 13.6 F Speed LInk Off-Peak Direction Level of Service E Maximum service volumes are not Arterial Speed ** mph csJcu/ated for the off·peak direction. . '" No Cyele Length ArrIval Flow vIe Control Int. Speed Link From To MDT PHV Tums Lan. L.ñath ale -Ctwt\ Type Rat. Ratio Delav LOS LOS Vanderbilt B Orange Bloss 42114 1892 12 2.0 120 0.44 3960 3 1716 1.05 62.1 I; 20.7 E Orange Bloss ..1&(; BIYCI. 47319 2125 12 2.0 120 0.44 3168 3 1928 1.18 118.0 F ~ F J&C Blvd ArdIsla L.anø 47319 2125 12 2.0 120 0.44 1848 3 1928 1 1R 118.0 F 8.3 F ArdIsla Lane cougar DMe 47319 2125 12 2.0 120 0.44 1320 3 1928 1 1R 118.0 F 6.3 F Cougar Drive Pine Ridge 47319 2125 12 2.0 120 0.44 1320 3 1Q?R 1 1R 118.0 ¡: 6.3 F Printed:11/2812001 01 :49:' ~ I ~'r' ! ~ .;.;.:.:- I, ~ '/:'! "' -I(,.,i"-' ........., ART ·PLAN 4.0 Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office· May 2000 Airport Pulling Rd From: Golden Gate To: Pine Ridge Road User Notes: Default Study Period: PM PEAK K Factor: 0.097 D Factor: 0.525 PHF: 0.960 Adj. Sal Flow Rate: 1,850 Arterial MDT: 46,117 Posted Speed: 45 mph Section Length: 2.60 mi. Area Type: Urbanized Arterial Class: 1 Signal Type: Semiactuated Peak Direction Maximum Service Volume A B C D e Level of Service D MDT NIA NIA 25,900 52,200 54,500 I PHV NIA N/A 1,320 2,660 2,780 Arterial Speed 23.1 mph r.:n.u:.:aIC '1",.:' A~ Flow .::0 c: Int. UiIk From To MDT PHV Rate LOS Speed LOS I Golden Gate Poinciana 46117 ~349 12.0 3 120 0.44 2904 4 2153 088 ·27.9 C 25.5 D Poinciana Grey Oaks 46117 2349 12.0 3 120 0.44 2640 4 2153 nRR ?70 ~ i 24R D Grey Oaks Pine Woods 46117 ~349 12.0, 3 120 0.44 2640 4 2153 08A 27Q ~ 24R D Pine Woods Naples B&T 46117 ~349 12.0 3 120 0.44 1584 4 2153 088 279 C 19.3 E Naoles B&T CarlUlon 46117 2349 12.0 3 120 0.44 2112 4 2153 088 27.9 C 22.3 D Cammon Pine Rldae 46117 ~349 12.0 3 120 0.44 1848 4 2153 nAR ?70 C "no E I I I I I I I r-' I Off-Peak Direction Level of Service D Max/mum service volumes are not Arterial Speed 22.4 mph calculated for the off-peak cIrectlon. % ~.. L2:. Length ArrMI Flow vie Control 1m. Speed Unk From To AADT PHV Tuma gIC -iW' Type Rate R8tIo DelaY LOS LOS Pine RIdQ8 Camlllon 46117 2125 12.0 3 120 0.44 1848 3 1MB 0.79 30.4 c 20.2 E CartlBon Naples B&T 46117 2125 12.0 3 120 IO.;!4 2112 3 1948 n70 30.4 C 21.6 D Naples B& T Pine WOod. 46117 2125 12.0 3 120 0.44 1584 3 1948 0_79 30.4 C 16.6 E Pine Woods Grey Oal<S 46117 2125 12.0 3 120 0.44 2640 3 1Q4R1 n 70 30.4 C 23.9 D Gray Oaks -PóiÌ'\Clana 46117 2125 12.0 3 120 0.44 2640 3 19481 n 70 30.4 C 23.9 D Poinciana Golden Gate 46117 2125 12.0 3 120 0.44 2904 3 1QARI n 70 30_4 ~ 24 Q D Prlnted:09/1112001 02:56:08 . I I I I I I I I I I I I I I I I I I I ....-.- '1/1 tL ~,r) ~.' I --.-- ...L- IV ¡ v; -<---" I..:;.. '"" ART ·PLAN 4.0 Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Pine Ridge Road From: US 41 To: Airport Pulling Road User Notes: study Period: PM PEAK K Factor. 0.097 D Factor. 0.552 PHF: 0.970 Adj, Sat Flow Rate: 1,850 Arterial MDT: 48,971 Posted Speed: 45 mph Section Length: 2.02 mi. Area Type: Urbanized Arterial Class: 1 Signal Type: Semi actuated Peak Direction Maximum Service Volume. A B C D E Level of Service E AADT N/A NJA 8.400 43,200 51,400 PHV N/A NJA 450 2.310 2.750 Arterial Speed 20.6 mph Yo No Cycle LengIh ArrIvII Flow vie COntrol 1m. Unk From To MDT PHV Turns Lanes Leñath gIC rrMö TYDe Rate RaUo Delay LOS Speed LOS US 41 Goocllette 34306 1837 12 3.0 120 0.44 2851 4 1667 068 23.5 C 27.4 C Goodlette Pine Middle 48971 2622 12 3.0 120 0.44 1531 4 2379 O.Q7 37.9 D 15.9 F Pine Middle Shirley Sl 48971 2622 12 3.0 120 0.44 2006 4 2379 O.Q7 312 C 20S e Shlrlev at: Naples Blvd 39526 12116 12 3.0 120 0.44 2323 4 1920 0.78 24.8 C 24.6 D NaDles Blvd BBB Plaza 39526 12116 12 3.0 120 0.44 1214 4 1920 0.78 25.8 C 17.5 e BBB Plaza AirPort ReI 39526 2116 12 3.0 120 0.44 792 4 1920 078 2~R C 1~~ F Off-Peak Direction Level of Service E Mtvdmum service volumes tue not Arterial Speed 20.9 mph cøJeuated for the off-peak clrecIJoÐ. Yo No Cycle Length ArrtvaI Flow vie Control 1m. Speed Link From To MDT PHV Turns Lanes Leñath g/C rtHt, Type Rate RatIo DelaY LOS LOS Airport Rd BBB Plaza 39526 1717 12 3.0 120 0.44 792 3 1558 0.63 27.0 c 13.0 F BBB Plaza Naples Blvd 39526 1717 12 3.0 120 10.44 1214 3 1558 0.63 27.0 c 17.2 E Naples Blvd ;:jnrney ~:¡t. 39526 1717 12 3.0 120 0.44 2323 3 1558 0.63 27.0 C ¿4.1 D Shlrtey St. Pine Middle 48971 2128 12 3.0 120 0.44 2006 3 1931 07A 30.8 C 20.9 e Pine Middle GOOCllette 48971 2128 12 3.0 120 0.44 1531 3 1931 07A 30.2 C 18.3 E Goodlette US 41 34305 1491 12 3.0 120 0.44 2851 3 1~~~ n "" 25.3 C 27.0 C -' / ! I Printed:09/1212001 04:12:22 PM I ~ I I I I :l- D r:L ( f-. ART ·PLAN 4.0 Arterial Level of Service Based on Chapter 11 of !he 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Pine Ridge Road From: Airport Pulling To: 1-75 East Signal User Notes: Study Period: PM PEAK K Factor: 0.097 D Factor: 0.610 PHF: 0.950 Adj. Sat Row Rate: 1.850 Arterial AADT: 44,107 Posted Speed: 45 mph Section Length: 2.09 mi. Area Type: Urbanized Arterial "Class: 1 Signal Type: Semiactuated Peak Direction Maximum Service Volume I A B C 0 E Level of Service D MDT NIA NIA 20,200 44,400 46,900 I 21.1 PHV N/A N/A 1,200 2,630 2,780 Arterial Speed mph 'Yo "::'~gIC ~~A~ Flow VIe Control 1m. Link FIORI To MDT PHV Turna Rate RatIo Del8v LOS Speed LOS I Almort Kensington 4410712610 12 3.0 120 0.44 2851 4 2418 0.99 32.5 C 23.7 D Kensl---rlCïton livingston 44107 /2610 12 3.0 120 0.44 2640 4 2418 c)AA ~? !; r. ?~n D Uvlnaston WtlpporwDI 44107 ~610 12 3.0 120 0.44 2640 4 2418 n~D ~? !; r. ')~ n D r- \l\¡tirlbnrwÌl 1-75 W. SIa. 44107 12610 12 3.0 120 0.44 2008 4 2418 0.99 32.5 C 20.2 E 1-75W. SIo 1-75 E. Sla. 44107 ~10 12 3.0 120 0.44 898 4 2418 0.99 32.5 C 12.3 F I I Off-Peak Direction Level of Service D Max/mum setViœ voIutnfnS are not Arterial Speed 23.6 mph calcul.ted for the off-pe.k efrect/on. 'Yo No C~le Length Arrival Plow vie Control Int. Speed Link From To MDT PHV Tuma laMa L.M...ø. gIC -¡iHft- Type Rate Ado DeI.v LOS LOS 1-75 E. SIg. 1-75W. SIg 44107 1669 12 3.0 1~O 0.44 898 3 1546 nJ~~ 27.0 C 14.2 F 1-75W. SIa. \/IIhipporwlll 44107 1669 12 3.0 120 0.44 2006 3 1546 nR3 27.0 C 22.6 D 'v\tllpporwDl Livingston 44107 1669 12 3.0 120 0.44 26«) 3 1548 nR~ 27.0 C 25.5 D LMngston on 44107 1669 12 3.0 120 0.44 2&40 3 1546 n R~ 27.0 C 25.5 D Kensington AirPort 44107 1669 12 3.0 120 0.44 2851 3 "~nA"2 ?7 n f" ~3 D I I I I I I r I Printed:09/11/2001 04:08:19 PM .., '~'''_-_''~'_"'' ,. J... U '¡.J. { ( .~. I I I I I I I I I I I I I I I I I I I ART ·PLAN 4.0 Arterial Level of Service Based on Chapler 11 of 1he 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Pine Ridge Road From: 1-75 To: Logan Blvd User Notes: Default Study Period: PM PEAK K Factor. 0.097 D Factor. 0.710 PHF: 0.925 Adj. Sat. Row Rate: 1,850 Arterial MDT: 29,550 Posted Speed: 45 mph Section Length: 1.08 mi. Area Type: Transitioning/Urban Arterial Class: 1 Signal Type: Semi actuated Peak Direction Maximum Service Volume I A B C D E Level of Service D MDT NIA N/A 9,500 34,500 38,600 22.1 PHV NIA NIA 660 2,380 2,660 Arterial Speed mph % ~,,=gIC L~ Arrival FloW vIe Control Int. Link From To AADT PHV Tuma feet T- Rate RatIo Delav LOS Speed LOS 1-75 Napa Blvd 29550 12035 12 3.0 120 0.44 1426 4 1936 0.79 25.9 C 19.1 E Napa Blvd Vineyards 29550 12035 12 3.0 120 0.44 1425 4 1936 n7Q ?~Q c 191 E Vineyards Logan 29550 12035 12 3.0 120 0.44 2851 4 1936 079 ?5J:¡ C ?R~ D Off-Peak Direction Level of Service D MSJdmum ssNfCfl volumes em not Arterial Speed 24.5 mph calculeted for the otr-peel< cfreclon. % ~=aIC Length Arrival Flow vie Control Int. Speed Unk From To AADT PHV Tums -~. Type Rate RatIo Delav LOS LOS Logan VIneyards 29550 831 12 3.0 120 0.44 2851 3 I 790.S n~? 22.2 c 28.9 C Vineyards Napa BlVd 29550 831 12 3.0 120 0.44 1426 3 790.6 n ~? 22.2 C 21.2 D Napa Blvd 1-75 29550 831 12 3.0 120 0.44 1426 3 f7Qn ~ n':l.? ??-? ~ 2-''-2 D Printed:09/1212001 04:37:54 PM I ~ I I I I I I I r I I I I I I I r- I Agenda Item No. 178 January 10, 2006 Page 73 of 118 2000 FDOT LEVEL OF SERVICE HANDBOOK - TABLE 4-7 GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S URBANIZED AREAS I I I I I I I I I I I I I I I I I I I --,.-. ~.. -- .----.---- .-.- -..'~'- ---.--..-+.-- Agenda Item No. 178 January 10, 2006 Page 74 of 118 TABlE4-7 GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S URBANIZED AREAS· UNlNTERR\lPTED FLOW HIGHWA VS FRJ:EWAYS Level of Service Interchange spacing ~ 2 mi. apart l.DDe$ Divided A B C D I! Level of Service I Undivided 100 340 670 950 1,300 Lanea A B C D E 2 Divided 1,060 1,720 2,500 3,230 3,670 2 1,270 2,110 2,940 3,580 3,980 3 Divided 1,600 2,590 3,740 4,840 S,soo 3 1,970 3,260 4,550 5,530 6,150 STATE TWO-WAY ARTEIUALS 4 2,660 4,410 6,150 7,480 8,320 Class 1 (>0.00 to 1.99 signalized intersections per mile) 5 3,360 5,560 7,760 9,440 10,480 Level of Service 6 4,050 6,710 9,360 11,390 12,650 Lanea Divided A B C D E I Undivided .. 220 720 860 890 Interchange spacing < 2 mi. apart 2 Divided 250 1,530 1,810 1,860 .... Level of Service 3 Divided 380 2,330 2,720 2,790 ... Lanes A B C D H 4 Divided 490 3,030 3,460 3,S40 ... 2 1,130 1,840 2,660 3,440 3,910 3 1,780 2,890 4,180 5,410 6,150 ClasS II (2.00 to 4.50 signlllized intersections per mile) 4 2,340 3,940 5,700 7,380 8,380 Level of Service 5 3,080 4,990 7,220 9,340 10,620 Lanes Divided A B C D E 6 3,730 6,040 8,740 11,310 12,850 I Undivided ... 100 590 810 850 2 Divided .. 220 1,360 1,710 1,800 BICYCLE MODE 3 Divided .. 340 2,110 2,570 2,710 4 Divided ... 440 2, 790 3,330 3,500 (Nole: Level of crvicc for the bicycle mode in \his table is based on roadway geometries at 40 mph polled speed and traffic conditions, DOl number of CIasa III (more than 4.5 signalized inleneClions per mile IInd no! bicyçlists using \he facilily.) (Multiply motorized vehicle volumes shown below within prinwy city central business district of an by Dumber of directional roedway lanes to dclenninc maximum service volumes.) wblUlÏ2:cd area over 150,000) Paved Sboulclerl Level of Service I...evt:I of Service Bicycle Laae Lanes Divided A B C D E Coverage A B C D B I Undivided ... .. 280 660 810 0-49% .. .. 170 720 >720 2 Divided .. .. 650 1,510 1,720 50-84% .. 130 210 >210 .... 3 Divided ... ... 1,020 2,330 2,580 85-1000/. 160 380 >380 ... ... 4 Divided .. ., 1.350 3,070 3,330 Class IV (mcxe \haD 4.5 signalized inlersections per mile and wi\hin primary city cenll'lll business dislrict of an urbanized area over 750,0(0) Level of Service Lanes Divided A B C I Undivided .. .. 270 2 Divided .. ... 650 3 Divided ... .. 1,000 4 Divided ... .. 1,350 PEDESTRIAN MODE (Note: Level of service for tho pedC8IrÙIII mode in this tabte is based on roadway geometries III .co mph posted speed and II'IIfflC conditions, not the number of pedestrians USÏDglbc úcility.) (Multiply motorized vehicle voI_ shOWll below by number of dim:ûonal roadway lanes to deIemIine maximum aervice volumea.) D E 720 780 Level of Service 1,580 1,660 Sidowllk Coverage A B C D B 2,390 2,490 0-49",4 ., .. .. 330 810 3,130 3,250 50-84"- .. ... .. 520 990 85-100".4 .... 120 590 >590 ... NON~ATEROADWAYS Major Cily/Counly Roadways BUS MODE (Scheduled Fixed Route) Level of Service (~ per hour) Lanes Divided A B C D B Level of Service I Undivided .. .. 480 760 810 Sidewalk Coverage A B C D E 2 Divided .. ., 1,120 1,620 1,720 0-84% .* >5 ~4 ~3 ~2 3 Divided ... ... 1,740 2,450 2,580 85-1000/0 >6 >4 ~3 3:2 ~I Lanes Divided I Undivided 2 Divided Other Signalized Roadways (signalized inlersection allalysis) Level of Service B C .. 250 .. 580 D E 530 660 1,140 1,320 02122102 A .. .. Source: Florida Department ofTransportation Systems Planning Office 605 Suwamee Street, MS 19 TaUahassœ, FL 32399-0450 bttp:llwww II.myflorfcla.comlplannillglsystemslsmllosldefault.h1m ARTERlALlNON-STATE ROADW AV ADJUSTMENTS DIVIDEDlUNDIVIDED (alter correaponding volwnes by the indicated percent) Lan.. Median Left Turns Lanes Adjustment Faclonl I Divided Yes +5% I Undivided No -20".4 Mull! Undivided Yes -5% Mull! UndiviòDcl No -25% ONB WAY fACILITIES 1_ comaoondilur volume 20% '11oiI..... does II1II__ a ....... and should.... _ ""'JIior........................... Tht -....-..... fnIIII wIIIcb dIIa .... illIoriRd...... bt _Iior_ apocIfio ,.... llPlíootIoa&. TIM ...... doli.... -..-. _...... DOl .... _1iI<....w... or -..- ...... ....... _ ..... ......... alai. v............. hourly ~~ """- far la¥ell of ocrYico ...... far.. .-bo1clmock ..... ......lpIICif...." __ lAW! or 1OI¥IoI_..... ........... IIOIIoIIIJ "'" ___ - .......... ....r_. OIOU...... COIIIIIriøw......... be .- wit~"""" fu--.--'" '""1I.r...... .r~ __ ...__n........., _1",ocrYico ¡...cot. ' , To _"_1_ -,,"""'" v-'_ __ bt di_""~ Død K -. TlMtobIc'. '-..... dor_"'la¥elof_criIooIa _........._...-. ~ ....................oppIIooIloM",... fIiPwa1 Copoc:ity M-'. Bic¡o:l. LOS Model. ..-;on LOS Model ...T_ CIpIOiIJ.... ~lIyors.mc. -. ~Iy r..... ~ biCf"1c, pcdoIIIion oad........... ..C_ be -... -'1IIoIe iopuI voIuc de....... .."Not ...........1ior.....1nd or..moo............. For_11o/IrucI; -. _...._ _ of_ D_'_ __ionCllOOiria - -...-. .orbicJdc ... pcdooarioo -. die ....1 of..me.""", ...... (ùocIudlas F) ia _lCIùn.... __ .... ia .. ___ wIIId. YOIumo 1InIIIoId IIIin& \able ..... - der...... 97 I p- I I I I I I I r I I I I I I I ~ I --'--,.---.- Agenda Item No. 178 January 10, 2006 Page 75 of 118 ITE TRIP GENERATION HANDBOOK- TABLE 5.4 PASS-BY TRIPS & DIVERTED LINKED TRIPS FOR LAND USE CODE 820 (SHOPPING CENTER) I I I I I I I « , , t II , , I , , . II . Agenda Item No. 176 January 10, 2006 Page 76 of 118 Figure 5.5 Shopping Center (820) Average Pass-By -n;p percentage VB: 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 Data Plot 120 110 too CD 90 :i ë CII so u Qi Q. % 70 I- >- en SO ~ IG Q.. III 50 CI ! III ~ 40 II I- 30 20 10 0 0 · . ." ......... .. .. .. .. .. ..'. .. .... . .. - .. .. .. .. .. ... .. .. .. .. .. .,... .. .. .. .. .... .. .... .. .. .,. .. .. .. .. .. I .. .... .. .. .o. .. .. .. .. .. ;#.. .. .. .. .. ... . .. .. .. .. .... .. .. . . .. .. ......... I .. .. .. · .. .. I .. . I . .. .. I .. .. .. .. .. .. .. .. . . .. I .. .. .. .. .. ._. .. .. .. .. .. . .. .. .. .. .. .. &. .. .. .. .. .. ..... .. .. .. .. .. '" .. .. .. .. .. .... .. .. .. .. .. . .. .. .. .. .. of. .. .. .. .. .. ; .. .. .. .. . .. " .. .. .. .. .. .0.. .. .. .. .. .. .. .. ............ . .... .. .. .. ....... .. t .." ..' t .. .. .. .. .. ..:.. 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" " . .. . ~ . . . ... . ":. . ... .. .. .. : . .. . .. - .:.. .. .. . - .. ~ .. .. .. .. .. .. ~ ' . .. .. .. ":" " . .. . .. )( x .)Qt" ,X· , . . . . X· )l.X: . )!: : : X: : : : : : · . ~XX ..' . . , . - - .~ .' . * ~.,' . . .. . . , . . .,' . .. , . , . . . ., .". . . . . .. . . . , .. . . . . . .,. . . . , . x ~X X: x >l ·X : : x : x x : : : : :~ .)( "'. .',. x ' , · .. . . .:. . . ·x ' : . . . - - .:. . '':'~' ~ * .. )(, : . . .)t. .:. . . . .. .. .,. . .... . ' :x : : 'X: : X)f: X: :: x , ., ,X .">L X' . · . . . . .:. . . , . , . . , , . , .:, . , . , . ; . . . . . >:c: . , _ . . .:. . . . . . : . . , . . .~'. ' , . .X; . . . . . . : . . . . . ,.. . . . . . : . : : ~ : . . . . .. . . .' 100 200 3DO 400 500 800 700 800 900 1000 1100 1200 x = 1.000 Sq. Feet Gross Leasable Area X AcW8I Old. PofnU - fitted Curve Fitted Curve Equation: Ln(T).. -0.291 Ln(X) + 5.001 R2 = 0.37 T~ Generation Handbook Chapter 5 . 1ft 43 I J- I I I I I I I r I I I I I I I r I ..------. Agenda Item No. 17B January 10, 2006 Page 77 of 118 COLLIER COUNTY PROPOSED TRANSPORTATION 5 YEAR WORK PROGRAM ._._-----;--~,- ," '_.."-,~--_...." I Project 1# 60111 62031 163041 60091 69101 60018 1= 60006 60071 160134 60169 62071 63051 165041 69068 60170 60036 160 101 60166 62081 65061 66042 160001 ~ 160168 TBD 68041 TBD TBD 168056 TaD TBD TBD I TBD 60020 TBD TaD 166066 66065 160016 60172 69122 69081 I I 60003 60171 I I I I -., ''''.,,:.-:.' , Project Name SUMMARY OF PROJECTS Pine Ridge Road/Airport-Logan Airport pulling RdlVBR to PRR Golden Gate Blvd/Collier Blvd· WlI Santa Barban Blvd/Polly Immokalee Rd 175 - Collier Blvd. Immokalee Rd/Colller Blvd -43rd Golden Gate Pkwy/Alrport-SBB Golden Gate Pkwy Overpass Golden Gate Pkwy OwrpllS$ Golden Gate Pkwy Overpass Uvlngston RoadIGGPKWY-PRR ~eUeFrankAdlVBR·PRR Rattlesnake Polly to Collier Blvd Uvlngston RoadIPRR-IMMK Vanderbilt BdI Rd/Alrport-CoIller UvIngston Roed NIImmk . Imperial 13th Street Improvement SR 84 Davis Blvd Intel1l8ctlon EIW Uvlngston RdlOld 41·N/S LR County Barn RoedIDavls . CR864 Logan Boulevard/PRR to IMMK Santa Barbara Blvd/PRR . Davis BI CoIlrer BIvdJlmmk Rd-GG Blvd, Immok.... Rd/US41-175 Collier Blvd tDIIVIa S to US41 Goodlett. Frank (PRR-GGPKWY) Collier Blvd Green - 175 VanderblK Beach RdiColUer BJvd.: Collier BlvdlDavla Blvd-GGPKWY Goodlett. Frank Rdllnmk - VBR Green Blvd Ext Uv . SSB VandetblK Drive WIgg . BBR Collier Blvd (GOB to Green Blvd.) Gr..n Blvd (sunshine. SBB) Golden Gate BIYdIWIIson-Everglades Oil Welllmmokalae-CamP K.... Troplcana BrkIge Wilson Blvdf Immk-GGB GO Estates S,E,W, CoorIdor DIIVia Blvd Airport - 888 10% Contingency Total Bese Oøeratlons & Maintenance Bridge Repalrallmprovementa Major Intersection Improvements Intanection Safety/Capacity Imp... N_ Trafftc Signals Shoulder Safety Program Pathways/Sidewalks Bike Lanes Subtotal Base Operations & Malnt.. 60173 Enhanced Ooeratlons & Maintenance Major Roadway Resurfaclng/Recc Subtotal Enhanced 0 & M Collector RoedsIMinor Arterial Ra Advanced ROW Debt $entice Payments Total Funding Request All Fund. Key: S = Study D . Design M .. Mitigation C .. Construction R=ROW LS .. Landscape _...U.......~02 . . . '::,þ.". -:- --:. ~ '.<.-~-,~ ,A~~.>f;..}J, :t~: ,.<. "-~~~,, 1'I\ΡJI....iT....þ~f(Ut.$;M:-~.... (Dollara shown In Thouunds) <~ -'~~;:"~~~:i~!!-~·~~',; ~,; FY04 Amount 887 R 55 R 1,366 D 131 R 29,942 CII 9,906 C/I/LS 28,000 C 3,000 I 5,000 R 48 11,424 C/I 5,016 R 8,898 C/I 30,850 RlC/1 2,921 C/LSlLD 2,253 C/I . >t..,· C/I 11,321 RlD/C/I 1,500 R 16,970 RID 8,712 D/R 35,598 RlC/1 2,000 D 15,109 RlC/I/LS PE S 400S 1,100 D 10 154 246,173 93 1,638 1,540 1,894 125 173 5,463 1420 1,420 FY05 Amount FY06 Amount FY07 Amount Agendi3ltem,No.J 7t? . . . Januari10, 2006' ge 78 " ~ FY08 Amount 1,518 LD/LS ..~RIM 000 28,898 50 1,000 750 750 50 50 2,65Q 500 500 Amoun' 8, 55 20,383 5,331 35,790 9,906 28,000 3,000 5,000 48 12,341 13,584 9,424 32,306 2,927 2,253 1.500 11,916 1,500 49,781 29,<102 36,713 51,700 15,109 1,230 1,800 4,600 1,200 2,000 14,80" 6." 1,7.. 1,800 1,500 250 13.400 29 857 459,500 293 5,638 4,540 8,622 325 373 19,791 3,420 3420 65,543 3,074 6,289 1,074 657,590 2,000 R 5,553 RIM :. .'*~ D/Cn 1,800 I 11,464 C/I 500 500 1,600 2,448 LD/LS 917 LD/LS 8,568 CNLS 526 LOlLS 1,456 LD/LS 589 LDILS 31,300 CII 20,690 CII/LO/LS 1,115 LO/LS 20,000 R 29,700 en D 5,100 R 800D 2,000 R 6,600 C/I 1,300 R S ,.·D 1. C/I 250S 6000 98,801 "'-'.D 4703 54,445 5000 31,183 50 1,000 750 4,478 50 50 50 1,000 750 750 50 50 50 1,000 750 750 50 50 6,378 650 2,650 500 500 500 500 14,698 500 15,011 500 Note: Collector Roads/Minor Arterl.llncludea salaries for TE&CM and Current Debt Sentice Payments . . Advanced Reimbursement E .. Exflltratlon FCO .. Final Close Out AM .. Access Management I = Inspection Note: landscaping (LOlLS) Added consistant with Board Approval of Landscape Master Plan I ~ I I I I I I I r I I I I I I I [' I - --~-'~-- Agenda Item No. 178 January 10, 2006 Page 79 of 118 INBOUND/OUTBOUND COUNT ON EXISTING ACCESS DRIVE TO PINE RIDGE ROAD --,_ ',"'..., __"0" ....>o_~..,~"_-...,. _ W q__ .w . I I I I I I I I I I I I I I I I I I I Agenda Item No. 178 January 10, 2006 Page 80 of 118 SUMMARY OF MECHANICAL TRAFFIC COUNTS (HI-STARS) PROJECT: F0312.09 STREET: CAMBRIDGE SQUARE PUD LOCATION: PINE RIDGE ROAD DIRECTION: INBOUND (NB) CITY: COLUER COUNTY, FL TIME: SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1/412004 1/512004 1/612004 1nJ2004 1/8/2004 119/2004 1/10/2004 12:00-1:00AM 0 0 0 1 :OO-2:00AM 0 0 0 2:00-3:00AM 0 0 0 3:00-4:00AM 0 0 0 4: 00-5: OOAM 1 1 2 5: 00-6: OOAM 2 5 2 6:00-7:00AM 12 13 25 7:00-8:00AM 52 49 44 8:00-9:00AM 57 53 36 9:00-1 0:00AM 34 29 27 10:0o-11:00AM 24 31 19 11:00-12:00NN 28 24 23 12:00-1 :OOPM 39 35 45 1 :00-2:00PM 42 44 42 2:00-3:00PM 28 12 18 3:0D-4:00PM 15 11 19 4:0o-5:00PM 20 9 15 5:00-6:00PM 18 9 11 6:00-7:00PM 11 8 6 7:00-8:00PM 9 5 5 8:00-9:00PM 3 1 2 9:00-1 0:00PM 1 0 0 10:00-11:00PM 0 0 0 11:00PM-12:00AM 0 0 0 TOTAL: 0 0 396 339 341 0 0 I ~ I I I I I I I r- I I I I I I I r- I SUMMARY OF MECHANICAL TRAFFIC COUNTS (HI-STARS) PROJECT: F0312.09 STREET: CAMBRIDGE SQUARE PUD LOCATION: PINE RIDGE ROAD DIRECTION: OUTBOUND (S8) CITY: COLLIER COUNTY, FL TIME: SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1/412004 1/5/2004 1/6/2004 1"'2004 118/2004 1/9/2004 1/10/2004 12:00-1:00AM 0 0 0 1:00-2:00AM 0 0 0 2:00-3:00AM 0 0 0 3:00-4:00AM 0 0 0 4:00-5:00AM 0 0 0 5:00-6:00AM 1 1 2 6:00-7:00AM 2 4 0 7:00-8:00AM 2 4 1 8:00-9:00AM 9 9 15 9:00-1 0:00AM 25 19 20 10:00-11:00AM 31 16 35 11 :OO-12:00NN 40 30 32 12:00-1:00PM 44 34 32 1 :00-2:00PM 31 30 22 2:00-3:00PM 21 31 27 3:00-4:00PM 29 38 29 4: 00-5: OOPM 37 42 26 5:00-6:00PM 61 37 61 6:00-7:00PM 19 17 19 7:00-8:00PM 10 8 9 8:00-9:00PM 5 7 2 9:00-1 0:00PM 1 2 3 10:00-11 :OOPM 1 0 11 11 :OOPM-12:00AM 0 0 0 TOTAL: 0 0 369 329 346 0 0 Agenda Item No. 17B January 10, 2006 Page 81 of 118 ----,~,--,- ··-________',._o_.~__...,_,,~_ I I I I I I I I I I I I I I I I I I I Agenda Item No. 178 January 10, 2006 Page 82 of 118 """", SYNCHRO CAPACITY ANALYSIS- SITE ACCESS @ PINE RIDGE ROAD I ~ I I I I I I I r I I I I I I I r I HCM Unsignalized Intersection Capacity Analysis 3: Pine Ridge Road & Cambridge Square PUD ..Þ -+ +- "'" \. -.I Agenda Item No. 178 January 19. 2006 2G31JEbWldbUtB 1/29/2004 Lane Configurations Sign Control Stop Grade 0% Volume (veh/h) .. 0 10.5 0 19!? Peak Hour Factor 0.92 0..92 0..92 0..92 Hourly floW rate (vph) 0 114 0 212 Pedestrians Lane Wldth(ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Median type Raised Median storage veh) 0 Upstream signat(ft) pX. platoon unblocked vC,· conflicting volume. 2816 4111 901 vC1. stage 1 confvol 270.2 vC2, staQe'~ cont vol 140.9 vCu, unblocked vol 2816 4111 901 te, sirigle(~) 4.1 6,8 6;9 tC, 2 stage (s) 5.8 tF (s) 2.2 3.5 3.3 - pO queue free % 100 10.0. 25 cM capacity (vett/h) 134 21 281 Volume·Totali ·1409' 1409 114 212 Volume Left 0. 0 0. 0 Volurn~Ri9ht) . 0. 0. 114 212 cSH 170.0. 170.0. 170.0. 281 V~umeto Capacity 0..83 0..83 0..0.7 0..75 Queue Length (ft) 0. 0. 0. 140. Control belay (s) 0.0 0.0. 0..0. 48.5 Lane LOS E Approach Delay (s) 0..0. 0..0. 48.5 Approach LOS E Average Delay I nter$ectiol"l èapacity Utilization Analysis Period (min) ICU Level of Service D Cambridge Square PUD Metro Transportation Synchro 6 Report Page 1 I I I I I I I I I I I I I I I I I I I Agenda Item No. 178 January 10, 2006 Page 84 of 118 SYNCHRO CAPACITY ANALYSIS- SITE ACCESS @ LIVINGSTON ROAD ------------- - I Agenda Item No. 17B HCM Unsignalized Intersection Capacity Analysis Januarbi,°kJ2006 2001e i out '- 3: Site Access & Livingston Road 1/29/2004 "- t ". \. ~ .¡f I Lane Configurations Sign Control Stop I Grade 0% Volume (vehlh) Ó 135 165 0 Peak Hour Factor 0.92 0.92 0.92 0.92 I Hourly floV{rate(vph) 0 147 179 0 Pedestrians Lane Width (ft) Walking Speed (ftIs) I Percent Blockage Right turn flare (veh) Median .tYpe Raised I Median storage veh) 0 Upstreanisignat (ft) pX, platoon unblocked I vC, conflicting volume 1658 430 1291 vC1, stage 1 conf vol 1291 vC2, stage 2 conf vol 361 vCu, unblocked vol 1658 430 1291 I tê,single(s).·... 6.8 6.9 4.1 tC, 2 stage (s) 5.8 tF (s) . 3.5 3.3 2.2 r- pO queue free % 100 74 100 eM ca~citÿ (vehlh) 134 573 533 I Volûme.TQ~I· 147 430·. 430· 367 367."··· Volume Left 0 0 0 0 0 VolUme· Right·· 147 0 0 0 () I cSH 573 1700 1700 1700 1700 Volume to Capacity 0.26 0.25 0.25 0.22 0.22 Queue Length (ft) 25 0 0 0 0 Control·ÖeíåY (8) 13.4 0.0 0.0 0.0 0.0 I Lane LOS B Approach Delay (8) 13.4· 0.0 0.0 Approach LOS B I Average Delay 0.7 Intersectipr1 Capacity Utilization 38.0% ICU Level of Service A I Analysis Period (min) 15 I I r Cambridge Square PUD Synchro 6 Report Metro Transportation Page 1 I ~___ u__ I I I I I I I I I I I I I I I I I I I Agenda Item No. 17B January 10.2006 Page 86 of 118 ", TRIP, GENERATION EQUATIONS I ~ I I I I I I I r I I I I I I I r I Agenda Item No. 178 January 10, 2006 Page 87 of 118 TRIP GENERATION EQUATIONS CAMBRIDGE SQUARE PUD ITE TRIP GENERATION REPORT, 7tb EDITION Land Use Weekday AM Peak Hour Weekday PM Peak Hour Daily (2-way) Shopping Center Lo (T) = 0.60 Lo (X) + 2.29 Lo (T) = 0.66 Ln (X) + 3.40 Lo (T) = 0.65 Lo eX) + 5.83 (LUC 820) T = Trios, X = 1,000's OfSQU8fe feet ----<,.,, -. '-'"'--·"'___.a""._ Agenda Item No. 178 January 10, 2006 Page 88 of 118 CAMBRIDGE SQUARE A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) Prepared for: Naples Gateway Land Trust Prepared by: ROBERT L. DUANE. A.I.C.P. R. BRUCE ANDERSON. ESQ. HOLE MONTES. INC. ROETZEL & ANDRESS. L.P.A. 950 ENCORE WAY AND 850 PARK SHORE DRIVE NAPLES. FLORIDA 34110 TRIANON CENTER - 3RD FL. NAPLES. FLORIDA 34103 HM PROJECT 1997097 REVISED ON DECEMBER 6. 2005 DATE ApPROVED By BCC: NOVEMBER 10.1998- ORDINANCE No. 1998-89 EXHIBIT A Agenda Item No. 178 January 10, 2006 Page 89 of 118 T ABLE OF CONTENTS Page SECTION I - Statement of Compliance 1 SECTION II - Property Ownership, Legal Description and Short Title 2 SECTION III - Statement of Intent and Project Description 3 SECTION IV - General Development Regulations 4 SECTION V - Description of Project & Proposed Land Uses 11 SECTION VI - General Permitted Uses 13 SECTION VII - Permitted Uses & Development Standards Tract A 14 SECTION VIII - Permitted Uses & Development Standards Tract B 17 SECTION IX - Preserve Area Requirements 22 SECTION X - Development Commitments 23 10.1 - Transportation Requirements 10.2 - Utility-Requirements 25 10.3 - Engineering Requirements 25 lOA - Water Management Requirements 27 10.5 - Environmental Requirements 29 EXHffiITS A. Master Plan C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 2 Agenda Item No. 17B January 10, 2006 Page 90 of 11 8 SECTION I STATEMENT OF COMPLIANCE The development of 16.1 acres of property in Section 7, Township 49 South, Range 26 East, as a Planned Unit Development to be known as the CAMBRIDGE SQUARE CPUD will be in compliance with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: 1.1 The subject property is located in the Golden Gate Master Plan Area and is consistent with the requirements of the Pine Ridge Road Mixed Use Sub- District which permit limited office uses up to 35,000 S.F. on tract A and up to 80,000 S.F. of retail or office gross leasable area on tract B and is consistent with Ordinance 2005-25 for the proposed area and development standards contained in this CPUD. 1.2 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 1.3 The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required by Objective 3 of Future Land Use Element. 1.4 The project contains a mix of both retail and office, uses combined with architectural controls and extensive screening and buffering that are designed to make the project compatible with and complementary to both nearby planned commercial and residential land uses. 1.5 All final local Development Orders for this project are subject to the Collier County Concurrency Management System as implemented by the Adequate Public Facilities Ordinance. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc Agenda Item No. 178 January 10, 2006 Page 91 of 118 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, AND SHORT TITLE 2.1 PROPERTY OWNERSHIP The property is owned by Livingston Development, LLC, the "Lessee" and C&R Realty of Richmond, Inc., the "Lessor" at the time of rezoning. 2.2 LEGAL DESCRIPTION Tracts 1, 12, 13, & 28 of Golden Gate Estates Unit 35 as recorded in P.B. 7, Page 85. 2.3 SHORT TITLE This ordinance shall be known and cited as the "CAMBRIDGE SQUARE COMMERCIAL PLANNED UNIT DEVELOPMENT". 2.4 PHYSICAL DESCRIPTION The project site lies entirely within the 1-75 Canal Basin. The site drains to roadside swales on Pine Ridge Road to the south and Livingston Woods Road (8th Avenue S.W.) to the north. Water management for the project will include a retention/detention system to provide water quality and attenuate the peak discharge rate. Existing site elevations range 10.0 to 11.0. The site is entirely within Flood X, according to FIRM MAP 120067 0425D. Flood Zone X designates areas of 500 year flood and areas of 100 year flood with average depths less than 1 foot. Soil types found on this site include Holopan fine sand (approximately 25%), Malaber fme sand (approximately 65%), and Oldsmar fine sand (approximately 10%). Soil characteristics derived ITom the soil survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Natural Resources Conservation Service) issued in 1998. C:\AdLib eXpress\Input\Agenda.BCCAGENDA. 19030.doc 2 Agenda Item No. 178 January 10, 2006 Page 92 of 118 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION The developer's intent is to establish a Planned Unit Development meeting or exceeding the applicable standards of the Collier County Land Development Code. It is the purpose of this document to set forth guidelines for future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 PROJECT DESCRIPTION The project is comprised of 16.1 acres, more or less, and is located on the north side of Pine Ridge Road, at the northeast comer of the intersection of Pine Ridge and Livingston Roads north. Cambridge Square may support a number of tracts for development, which are expected to develop with a mixture of office and retail uses. Access to the subject parcel will be from Pine Ridge Road and Livingston Road. A loop road is depicted on the CPUD Master Plan to facilitate access through the subject property between Pine Ridge and Livingston Roads. 3.3.1 LAND USE PLAN The project permits a range of office and retail uses to meet the needs of the developing area. The CPUD Master Plan depicts a wetland preserve area, internal circulation, open spaces, landscape buffer areas, and a loop road from Pine Ridge Road to Livingston to reduce traffic at the intersection. The CPUD Master Plan is designed to be flexible inasmuch as the size and configuration of tracts will not be finally determined until site plan approval is requested. 3.4 PROJECT PHASING The applicant has set a preliminary development schedule for the subject property for completion of improvements by January 2007. This projection of the project's development can be no more than an estimate based on current market knowledge. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 3 Agenda Item No. 178 January 10, 2006 Page 93 of 118 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this section is to set forth the development regulations that may be applied generally to the development of the Cambridge Square Planned Unit Development and Master Plan. 4.1 GENERAL The following are general provisions applicable to the CPUD Master Plan: A. Regulations for development of Cambridge Square CPUD shall be in accordance with the contents of this document, the CPUD-Planned Unit Development District, and other applicable sections and parts of the Collier County Land Development Code (LDC), and the Growth Management Plan, in effect at the time of issuance of any development order, to which said regulations relate which authorizes the construction of improvements. Should these regulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the LDC shall apply. 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 in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all terms shall be the same as the defmitions 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 Cambridge Square shall become part of the regulations, which govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.01 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver, provisions from any other applicable regulations, the provisions of those C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030 .doc 4 Agenda Item No. 178 January 10, 2006 Page 94 of 118 regulations not otherwise provided for in this CPUD, remain in full force and effect. 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Co llier County LDC, and the standards and commitments of this document in effect at the time of construction plan approval. 4.3 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 CPUD MASTER PLAN A. Exhibit "A", The CPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application. 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. 4.5 PROJECT PLAN APPROVAL REQUIREMENTS The Site Development Plan for individual tracts shall be submitted and reviewed, in accordance with all provisions of Section 10.02.03 of the LDC Submittal Requirements for Site Development Plans of Collier County, unless otherwise provided for within this CPUD and prior to the issuance of a building permit or other required development orders. 4.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 5 Agenda Item No. 178 January 10. 2006 Page 95 of 118 permitted. If, after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off- site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" as provided for in the (Code of Laws & Ordinances ss 22-106 - 22-119, revised in Supplement 16, Ordinance 03-27 and Supplement 18, Ordinance 04-08), whereby off-site removal shall not exceed ten (10) percent of the total vo lume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Planning Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All provisions of Section 3.05 of the Land Development Code pertaining to vegetation removal, protection, and Preservation are applicable. 4.7 SUNSET AND MONITORING PROVISIONS The Cambridge Square CPUD shall be subject to Section 10.02.13 D of the LDC, Time Limits for Approved CPUD Master Plans, and Section 10.02.1 OF of the LDC pertaining to Monitoring Requirements. 4.8 POLLING PLACES Any community recreation/public building/public room located within the Cambridge Square CPUD may be used for a polling place, if determined necessary by the Supervisor of Elections, in accordance with Section 2.01.04 of the LDC pertaining to polling places 4.9 NATIVE VEGETATION RETENTION REQUIREMENTS The project shall preserve native habitat, in accordance with the provisions of Section, 3.05.07 of the LDC pertaining to Vegetation Removal, Protection, and Preservation. 4.10 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, water management facilities shall be the responsibility of the Developer, their successors or assigns. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 6 Agenda Item No. 17B January 10, 2006 Page 96 of 118 4.11 ARCHITECTURAL AND SITE DESIGN STANDARDS All commercial buildings will be designed in accordance with Section 5.05.08 of the LDC pertaining to Architectural and Site Design Standards and as further specified in Sections VII and VIII of this CPUD. 4.12 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 or another appropriate entity, whose function shall include provisions for the perpetual care and maintenance of all cornmon facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.03.06 of the LDC. 4.13 OPEN SPACE REQUIREMENTS A combination of the lakes, wetland and upland preserves, landscape buffers and open space shall meet the 30% open space requirement for the development as set forth in Section 4.02.01.B. Open space shall include all pervious green space within development parcels and lots and shall also include all land that may be dedicated for public purposes. 4.14 SIGNAGE Monumental entry signage may be developed at each of the project entrances in addition to the provisions of 5.06.04 of the LDC. Project and directory signage shall be limited to ground signs and signage shall be architecturally compatible with the CPUD architectural design theme. 4.15 SITE LIGHTING C:\AdLib eXpress\!nput\Agenda.BCCAGE]\<'DA.19030.doc 7 Agenda Item No. 17B January 10, 2006 Page 97 of 118 Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. The maximum height of parking lot light fixtures shall be 16 feet. 4.16 ARCHAEOLOGICAL RESOURCES If, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered other than that already identified, all development at that location shall be immediately stopped. Development will be suspended for a sufficient length of time to enable the Collier County Historic and Archeological Preservation Board, or a designated consultant, to assess the find and determine the proper course of action in regard to its salvageability. The Current Planning Environmental Review Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. 4.17 LANDSCAPING AND BUFFERING The development of the CPUD Master Plan shall be subject to Sect. 4.06.00 of the LDC pertaining to Landscaping, Buffering and Vegetation Retention. A. Pine Ridge and Livingston Roads Landscape Buffer§. 1. Width: A minimum of 15 feet. 2. Shade Trees: 25 foot on center, minimum; 14 feet in height at installation. 3. Palm or Pine Trees: In addition to the required shade trees, 1 per 15 feet; may be clustered with 30 foot maximum distance between trees or cluster of trees; trees to have an average height of 18 feet and a minimum of 8 feet. 4. Hedge: A hedge of at least 24 inches in height at the time of planting and attaining a minimum of three feet in height within one year where vehicular areas are adjacent to road right-of-way, C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 8 Agenda Item No. 17B January 10, 2006 Page 98 of 118 pursuant to Section 4.06.05 General Landscaping Requirements of the LDC. The required hedge shall be designed to be curvilinear. B. East Landscaped Buffer None. The site's existing wetland preserve shall provide the project's required buffer. C. North (Rear) Setback/Buffer Area 1. Setback: 75 feet setback; A minimum of 30 feet without water management. 2. Buffer Design Criteria: 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 single row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on the northern side of an eight (8) foot tall architecturally finished masonry wall. Such trees and shrubs shall meet the requirements of Section 4.06.05 of the Collier County Land Development Code. Such wall shall have a common architectural theme with the other buildings and signage within the CPUD, as described in this CPUD Document, and shall be installed and maintained with the finished side out towards Livingston Woods Lane. Construction of the wall shall occur concurrently with building construction on each parcel and shall be carried out in a diligent manner such that the architecturally finished side of the wall shall be completed prior to the completion of building construction. This buffer shall be installed as a required improvement for the first Site Development Plan within Tract B of the subject CPUD. Additionally, along the southern side of the wall, there shall be planted at least forty-five (45) Red Maple trees, or similar species, that are at least eight (8) feet tall. E. Internal Buffer Between Uses C:\AdLib eXpress\lnput\Agenda.BCCAGENDA.19030.doc 9 Agenda Item No. 178 January 10, 2006 Page 99 of 118 1. Width: As provided for in 4.06.05 of the LDC pertaining to General Landscaping Requirements. 2. Shade Trees: 20 foot on center, minimum 12 foot in height at installation. 3. Palm or Pine Trees: In addition to the required shade trees, 1 per 10 feet; may be clustered with 30 feet maximum distance between trees or cluster of trees; trees to have an average height of 18 feet and a minimum of 8 feet. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 10 Agenda Item No. 178 January 10, 2006 Page 100 of 118 SECTION V DESCRIPTION OF PROJECT AND PROPOSED LAND USES 5.1 PURPOSE The purpose of this section is to set forth the General Permitted Uses and development standards for Tracts "A" and "B". 5.2 DEVELOPMENT INTENSITY The maximum development intensity permitted on Tract "A" is thirty-five thousand (35,000) S.F. of gross leasable office space within the Eastern parcel, not to exceed five (5) acres. Transitional uses on Tract "A" are permitted to be developed up to a floor area ratio of .45. On Tract "B", the maximum development intensity is eighty thousand (80,000) S.F. of gross leasable retail or office area. 5.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including and use of land for the acreage noted, is illustrated graphically by Exhibit "A", CPUD Master Plan. TABLE I: CAMBRIDGE SQUARE SUMMARY OF DEVELOPMENT INTENSITY TYPE ACREAGE S. F. TRACT A Office Use ± 3.4 35,000 S.F. TRACT B Retail/Office ±1O.2 80,000 S.F. TRACT C Preserve* ± 2.41 * The Preserve area includes 2.2 acres, more or less, of the 2.41 acres more or less contained in Tract C. Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangement of these land areas is shown on the Master Plan (Exhibit "A"). The Master Development Plan is an illustrative preliminary development plan. Design criteria and layout that is illustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the Project Development, as set forth in this document. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.I9030.doc 11 Agenda Item No. 178 January 10, 2006 Page 101 of118 SECTION VI GENERAL PERMITTED USES 6.1 PURPOSE The purpose of this section is to set forth the general permitted uses for both Tracts A and B depicted on the CPUD Master Plan. Certain uses shall be considered general permitted uses throughout the Cambridge Square CPUD. General permitted uses are those uses which generally serve the Developer and end-users of Cambridge Square CPUD and typically are part of the common infrastructure of the proposed development. 6.2 GENERAL PERMITTED USES 1. Essential services as set forth under Collier County Land Development Code, Section 2.01.03 and 2.04.03 of the LDC. 2. Water Mgt. and facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. 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. 6. Preserve areas or landscape features including but not limited to landscape buffers, berms, and fences. 7. Fill storage subject to the standards set forth in the Collier County Land Development Code. 8. Landscape buffers, berms, fences and walls. 9. Any other permitted uses which are comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the Board of Zoning Appeals. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 12 Agenda Item No. 17B January 10, 2006 Page 102 of 118 SECTION VII PERMITTED USES & DEVELOPMENT STANDARDS TRACT A 7.1 PURPOSE The purpose of this section is to set forth the regulations for the area designated on Exhibit "A", CPUD Master Plan, as "Commercial-Tract A". A maximum of 35,000 square feet of leasable commercial area shall be developed within Tract A. 7.2 No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Group Care Facilities (category I & II); care units, subject to the provisions of Collier County LDC Section 2.03.01 of the LDC; nursing homes; assisted living facilities pursuant to 400.402 F.S. and Ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to 651 F.S. and Ch. 4.183 F.A.C.; all subject to Section 5.05.04 of the LDC. 2. Accounting, auditing, and bookkeeping services (8721). 3. Business services (groups 7311, 7313, 7322-7331,7338, 7361,7371,7372,7374-7376,7379). 4. Childcare centers and adult day care centers (8351). 5. Churches and other places of worship (8661). 6. Depository institutions without drive-through (groups 6011-6099). 7. Engineering, architectural, and surveying services (groups 8711-8713). 8. Health services (groups 8011-8049). C:\AdLib eXpress\Input\Agenda.BCCAGENDA.] 9030.doc 13 Agenda Item No. 178 January 10, 2006 Page 103 of 118 9. Insurance carriers, agents and brokers (groups 6311-6399, 6411 ). 10. Legal services (8111). 11. Management and public relations services (groups 8741- 8743,8748) 12. Medical Office (groups 8011 - 8049) 13. Miscellaneous personal services (7291). 14. Non-depository credit institutions (groups 6141 - 6163). 15. Real estate (groups 6531-6541) 16. Schools, public and private (8211). 17. Any other use, which is comparable in nature with the foregoing uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the above permitted principal uses and structures, including vehicular garages or covered parking. 2. Essential services and facilities. 3. Any other permitted uses which are comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the Board of Zoning Appeals. 7.3 DEVELOPMENT STANDARDS FOR TRACT A A. Site Area: Twenty thousand (20,000) square feet B. Site Width: One hundred (100) feet C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 14 ___'··_......c_..___._._."., Agenda Item No. 178 January 10, 2006 Page 104 of 118 C. Setbacks from CPUD Boundaries: 1. Front Yard: Single Story Structure: Twenty-five (25) Feet from the north property line and 25 feet from all other boundaries Two Story Structure: Thirty-five (35) Feet Three Story Structure: Forty-five (45) Feet 2. Side Yard: Twenty-five (25) Feet 3. Rear Yard: Seventy-five (75) Feet D. Maximum Height of Structures: Thirty-Five (35) Feet. E. Maximum Number of Stories: Three (3) habitable floors. F. Distance Between Principal Structures: None, or a minimum of ten (l0) feet with unobstructed passage from front to rear. G. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. H. Architectural Common Theme: Structures within this Tract shall have a common architectural theme, inclusive of common or compatible use of materials and colors. Structures must include the following common elements. 1. Primary Exterior Walls: Stucco. 2. Porches or exterior covered areas: Stucco or Wood Frame. 3. Primary Roofs and Covered Parking: Clay or Cement, Tile; 5/12 roof pitch or greater. 4. Parking and site lighting: Anodized Bronze Fixtures. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 15 Agenda Item No. 178 January 10, 2006 Page 105 of 118 SECTION VIII PERMITTED USES & DEVELOPMENT STANDARDS TRACT B 8.1 PURPOSE The purpose of this section is to set forth the regulations for the area designated on Exhibit "A", CPUD Master Plan, as "Tract B". 8.2 No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in who Ie or in part, for other than the fo llowing: A. Pennitted Principal Uses and Structures: 1. All pennitted principal uses and structures allowed on Tract "A" other than group care facilities, childcare centers, day care centers, churches, and other places of worship, public, and private Schools. 2. Apparel and accessory stores (grOUPS 5611-5699). 3. :\1.::1to and llome s1.::1pply ¡¡tores (croup 5531). 1. ,\1.::1tomotivø sørviess, øxeept røpair (eroa{) 7542, 7549 6]C06pt ootomoti'.'e 'l.'reoker or to\'.'ing servioe ). 3 Barber shops, except barber schools (group 7241). 4. Beauty shops, except beauty schools (group 7231). 5. Business services (groups 7311, 7313, 7322, 7331,7334,7338, 7371, 7372, 7374-7376, 7379, 7384). 6. Depository institutions (groups 6011-6099 including drive- through windows). 7. Drinking places (group 5813 excluding bottle clubs). Note: All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the location requirements of Section 5.05.01 of the LDC. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 16 ""'"''--'.-''' "" ... '-' '- ~"'~-----"~"-"-'. Agenda Item No. 178 January 10, 2006 Page 106 of 118 8. Eating places (group 5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding). Note: All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the location requirements of Section-5.05.01 of the LDC. 9. Food stores (groups 5411-5499). 10. Gasoline service stations (group 5541, subject to Sections 5.05.05 and 9.04.07 ofthe LDC. 11. General merchandise stores (groups 5331-5399). 12. Hardware stores (group 5251) limited to a maXImum size of 15.000 S.F. of gross leasable area. 13. Health services (group 8082). 14. Home furniture, furnishing, and equipment (groups 5712-5736). 15. Miscellaneous personal services (groups 7215, 7216 non- industrial dry cleaning only, 7291, 7299 baby sitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service and hair removal only). 16. Miscellaneous repair services (groups 7629, 7631, 7699 except blacksmith shops, boiler cleaning, boiler repair or manufacture, cesspool cleaning, cleaning bricks, farm machinery repair, furriers or blacksmith shops, furnace or chimney cleaning service, harness repair shops, horseshoeing, industrial truck repair, lawnmower repair shops, machinery cleaning, mattress renovating and repair shops, septic tank cleaning service, sewer cleaning and rodding, ship boiler and tank cleaning and repair contractors, ship scaling contractors, tank and boiler cleaning service, tank truck cleaning service, tent repair shops and tractor repair). 17. Miscellaneous retail (groups 5912-5949, 5992-5999, except auction rooms, awning shops, gravestones, fireworks, hot tubs, monuments, swimming pools, tombstones, and whirlpool baths). 18. Offices for engmeenng, architectural, and surveymg servIces C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 17 Agenda Item No. 178 January 10, 2006 Page 107 of 118 (group 0781). 19. Paint, glass, and wallpaper stores (group 5231). 20. Photographic studios (group 7221). 21. Physical fitness facilities (group 7991). 22. Real Estate (groups 6541-6552). 23. Shoe repair shops and shoe shine parlors (group 7251). 24. Security and commodity brokers, dealer, exchanges, and services (groups 6211-6289). 25. Transportation services, travel agencies only (group 4724). 26. United States Postal Service except major distribution center (group 4311). 27. Videotape rental (group 7841). 28. Veterinary Services (group 0742 with no outside boarding). 29. Any other pennitted uses, which are comparable in nature with the foregoing list of pennitted uses and consistent with purpose and intent statement of the district, as determined by the Board of Zoning Appeals. B. Pennitted Accessorv Uses and Structures I. Accessory uses and structures customarily associated with the above pennitted principal uses and structures. 2. Essential services and facilities such as sewer and water lines. sewage lift stations, telephone lines, and electrical transmission lines. 3. Customary accessory uses and structures, including vehicular garages or covered parking. 4. Any other pennitted uses which are comparable in nature with the foregoing list of pennitted uses and consistent with purpose C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 18 <- ."...--.".""-.'........---=-.-.-....-. Agenda Item No. 178 January 10, 2006 Page 108 of 118 and intent statement of the district, as determined by the Board of Zoning Appeals. 8.3 DEVELOPMENT STANDARDS FOR TRACT B A. Minimum Site Area: 20,000 S.F. B. Minimum Site Width: 150 feet C. Setbacks: 75 Feet from the north property line and 25 Feet from all other boundaries D. Setbacks Internal to the CPUD: 15 Feet; none if under unified control. E. Maximum Height of Structures: Thirty-five (35) Feet. F. Maximum Number of Stories: Three (3) habitable floors. G. Distance Between Principal Structures: None, or a minimum of ten (10) feet with unobstructed passage from front to rear. H. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. I. Architectural Common Theme: Structures within this Tract shall have a common architectural theme, inclusive of common or compatible use of materials and colors. Structures must include the following common elements. 1. Primary Exterior Walls: Stucco J. Size limitations on uses: There are no limitations on the square footage of uses in this CPUD other than the requirements set forth in Section 5.2 of this Ordinance and that the maximum size of any single retail use or tenant shall not exceed twenty-five thousand square feet (25.000 S.F.) of gross leasable floor area. except that hardware stores (grOUP 5251) may not exceed fifteen-thousand square feet (15.000 S.F.) of gross leasable floor area. C:\A.dLib eXpress\Input\A.genda.BCCAGENDA.19030.doc 19 Agenda Item No. 178 January 10, 2006 Page 109 of 118 SECTION IX PRESERVE AREA REQUIREMENTS 9.1 PURPOSE The purpose of this section is to identify permitted uses for the Preserve Areas as shown on the CPUD Master Plan. 9.2 PERMITTED USES The Master Plan provides for +/- 2.2 acres more or less of wetland preserve areas on Tract C, which comprises 2.41 acres. The Pine Ridge Road Mixed Use District of the Future Land Use Element requires the preservation of the area proposed to be preserved in this CPUD. No building, structure or part thereof shall be erected, altered or used or land used in who Ie or in part for other than the following: A. Permitted Principal Uses and Structures in accordance with the preservation standards of Section 3.05.07 of the LDC. 1. Passive recreation areas 2. Biking, hiking and nature trails 3. Water Mgt. and water mgt. structures 4. Native preserves and wildlife sanctuaries 5. Supplemental landscape planting, screening and buffering within the Preserve Area, subject to SDP approval. B. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this CPUD, as determined by the Board of Appeals. C:\AdLib eXpress\Input\Agenda,BCCAGENDA.19030,doc 20 Agenda Item No. 178 January 10, 2006 Page 110of118 SECTION X DEVELOPMENT COMMITMENTS 10.1 TRANSPORTATION REQUIREMENTS The purpose of this section is to set forth the transportation commitments of the project development. A. Pedestrian access shall be provided between all parcels and uses in the development, at the time of Final Site Development Plan approval for each individual tract. B. Within the western ±1O.2 acres of the subject property a loop road will be provided and constructed through the property to provide access from Pine Ridge Road to Livingston Road in order to reduce traffic at the intersection. The loop road will be dedicated as a public easement at the time of platting or SDP approval as the case mav be. C. All traffic control devises, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Unifonn Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Unifonn Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code. D. 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). E. Site-related improvements necessary for safe ingress and egress to this project, as detennined by Co llier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the fIrst CertifIcate of Occupancy. F. 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. C:\AdLib eXpress'Jnput\Agenda.BCCAGENDAI9030.doc 21 Agenda Item No. 178 January 10, 2006 Page 111 of 118 G. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. H. Except as to the deviation which is hereby approved in this CPUD, to reduce the minimum connection spacing from Livingston Road from 1320 feet to 450 feet as shown on the CPUD Master Plan, 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 a 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. 1. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. N either 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. J. All internal roads (including the public easement for the loop road), driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Co llier County shall have no responsibility for maintenance of any such facilities. K. If any required turn land 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. L. If a traffic signal, or other traffic control device, sign or payment marking improvement within a public right-of-way or easement is determined to be necessary by Collier County, 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. M. The two (2) out-parcels depicted on the Master Plan for building areas "B" and "C" , including building area "D", "A", and "E", can be issued certificates of occupancy while improvements are being undertaken to Livingston Road as access will be available from Pine Ridge Road. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 22 Agenda Item No. 17B January 10, 2006 Page 112 of 118 N. No certificates of occupancy shall be issued for any permitted uses in this CPUD for tract "B" until December of 2006. 1 0.2 UTILITY REQUIREMENTS The purpose of this section is to set forth the utilities and engmeenng commitments of the Project Developer. A. Potable water will be supplied by the County Water service system through an existing 12 inch main running east and west on the north side of Pine Ridge Road. All construction plans and technical specifications for the proposed project shall be reviewed and approved by the Planning Department, Engineering Review Services prior to commencement of construction. On-site water mains shall be installed by the Developer at no cost to the County and shall be master metered. All on-site water mains shall be owned and maintained by the Developer, his assigns or heirs. B. Connection to the County sewer system shall be to the County force main located on the south side of Pine Ridge Road, at no cost to the County. Sewage shall be pumped by an on-site station to the County system. All construction plans and technical specifications shall be approved by the Planning Department, Engineering Review Service, prior to construction. 10.3 ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage, and utility plans shall be submitted to the Planning Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Planning Services Director. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code, including those set forth in Article Three (III). C. The Developer, and all successors in interest to the Developer shall be required to satisfy the requirements of all County development ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a fmal or local development order. C: \AdLib eXpress\Input\Agenda.BCCAGENDA.] 9030.doc 23 Agenda Item No. 17B January 10, 2006 Page 113 of 118 10.4 WATER MANAGEMENT REQUIREMENTS The purpose of this section is to set forth the water management commitments of the Project Developer. A. Detailed paving, grading, and site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans is granted by Planning Services Director. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. Landscaping, within the water management areas, is permitted, except as prohibited by the Collier County Land Development Code. D. An excavation permit shall be required where applicable in accordance with Section 3.05.10 of the LDC and South Florida Water Management District Rules. E. The subject property is currently under common ownership with the adjacent property to the east. Under this circumstance, a water management system may be shared with property to the east and the cypress area within this system as generally depicted on the CPUD Master Plan, shall be preserved and enhanced. If the ownership changes on the property to the east, water management facilities may be shared with the necessary easements in place. F. Water management requirements of the CPUD's individual developments shall be linked through the proposed drainage easement, as shown on Exhibit "A" CPUD Master Plan, which outfalls to the site's eastern wetland preserve area. G. A copy of the SFWMD permit is required prior to development plan approval. H. For perimeter berm heights in excess of two feet, side slopes shall be at a maximum of 4: 1. 1. Existing or proposed easements for Collier County storm water facilities shall be maintained free of landscaping berms, or any other C:\AdLib eXpress\Input\Agenda,BCCAGENDA.19030,doc 24 Agenda Item No. 178 January 10, 2006 Page 114 of 118 kind of obstacle that could impede adequate access to maintenance crews and equipment. 10.5 ENVIRONMENTAL REQUIREMENTS The purpose of this section is to set forth the environmental requirements of the Project Developer. A. The project shall meet all pertinent environmental related requirements of the Collier County Growth Management Plan, including the Coastal Zone and Conservation Management Element and LDC in effect at the time that requests are made for Site Development Plan approval. B. A wetland preserve area comprising ± 2.2 acres more or less is depicted on the CPUD Master Plan. This Preserve area satisfies the requirements of Section 3.05 of the LDC pertaining to vegetation removal, protection, and preservation. The project's plan for development is to preserve this wetland area in its entirety and to enhance it with shared water management between the subject property and the Naples Gateway CPUD. C. Environmental pennitting shall be in accordance with the state of Florida Environmental Resource Pennit Rules and be subject to review and approval by Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. D. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat or site plan, whichever is applicable, with protective covenants per or similar to Section 704.06 of the Florida Statutes. In the event, the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County, with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. E. 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. This infonnation shall be provided to Environmental Review Staff for review at the time development orders are requested. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.] 9030.doc 25 Agenda Item No. 178 January 10, 2006 Page 115 of 118 F. Proof of ownership for the shared water management for the adjoining property to the east shall be provided to Environmental Review Staff prior to Final Site Plan Approval. If the ownership changes for lands to the east of the subject property, water management facilities may be shared with the required easements. G. The Developer shall retain the existing wetland preserve consisting of ± 2.2 acres more or less, per the requirement of this CPUD. H. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of the wetlands to remain on site. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules. I. This CPUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time 0 f final development order approval. J. This CPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to SitelPlan approval. K. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.1 9030.doc 26 .. ,..-....-,...- ,....__.._,~_..._~_.~.._--_._......"".." Agenda Item No. 178 January 10, 2006 Page116of118 10.6 AFFORDABLE HOUSING REQUIREMENT: Developer shall make a payment of fifty cents ($.50) per gross leasable square foot to Collier County Affordable Housing Trust Fund at the time of Site Development Plan (SDP)) approval for the number of square feet being approved in the SDP on Tract B. 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 by such subsequently adopted provisions. 10.7 Deviations: A deviation is approved as part of this CPUD Master Plan to County Resolution 01- 247 to allow access onto Livingston Road to enhance the traffic circulation of the CPUD by reducing the minimum connection spacing from Livingston Road from 1,320 feet to 450 feet as shown on the CPUD Master Plan. C:\AdLib eXpress\Input\Agenda.BCCAGENDA.19030.doc 27 ---..~ Agenda Item No. 178 January 10, 006 Page 117 0 118 ORDINANCE NO. 06-_ 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 OFFICIAL ZONING ATLAS MAP BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY, FROM PLANNED UNIT DEVELOPMENT (PUD) AND ESTATES (E) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) KNOWN AS CAMBRIDGE SQUARE PUD BY REVISING THE PUD DOCUMENT AND MASTER PLAN TO INCORPORATE A 3.31± ACRE PARCEL, CURRENTLY ZONED "E" INTO THE EXISTING CAMBRIDGE SQUARE PUD AND TO ALLOW A MAXIMUM OF 80,000 SQUARE FEET OF RETAIL OR OFFICE USE ON THE 3.31± ACRE PARCEL FOR PROPERTY LOCATED IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF LIVINGSTON ROAD AND PINE RIDGE ROAD (CR 896), IN SECTION 7, TOWNSHIP 49 soum, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.75± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-89, THE FORMER CAMBRIDGE SQUARE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, C & R Realty of Richmond, Inc., represented by Robert L. Duane, AICP, of Hole Montes, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: The zoning classification of the herein described real property located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) and Estates (E) to Commercial Planned Unit Development (CPUD) known as Cambridge Square CPUD by revising the PUD Document and Master Plan to incorporate a 3.31± acre parcel, currently zoned Estates (E) into the existing Cambridge Square PUD and to allow a maximum of 80,000 square feet of retail or office use on the 3.31± acre parcel in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map, as described in Page 1 of2 -,--~ Agenda Item No. ~ 78 January 10, 2006 Page118of118 Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98-89, known as the Cambridge Square POO, adopted on November 10, 1998, by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: 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 ,2006. A ITEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk ,CHAIRMAN Approved as to Form and Legal Sufficiency ¿ Mæjori, M. S""""t.Stirlms Assistant County Attorney PUDZ-A-2004.AR-5431/HW/sp Page 2 of2